83 FR 63627 - Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2016-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 237 (December 11, 2018)
International Trade Administration
Federal Register Volume 83, Issue 237 (December 11, 2018)
| Page Range | 63627-63629 | |
| FR Document | 2018-26771 |
[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)] [Notices] [Pages 63627-63629] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26771] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-475-818] Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2016-2017 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Ghigi 1870 S.p.A. and Pasta Zara S.p.A. (collectively, Ghigi/Zara) sold pasta [[Page 63628]] from Italy at less than normal value (NV) during the period of review (POR) July 1, 2016, through June 30, 2017, but Industria Alimentare Colavita S.p.A. (Indalco) did not. DATES: Applicable December 11, 2018. FOR FURTHER INFORMATION CONTACT: Joy Zhang (Ghigi/Zara) or George McMahon (Indalco), AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1168 or (202) 482-1167, respectively. SUPPLEMENTARY INFORMATION: Background Commerce published the Preliminary Results on August 10, 2018.\1\ For events subsequent to the Preliminary Results, see Commerce's Issues and Decision Memorandum.\2\ --------------------------------------------------------------------------- \1\ See Certain Pasta from Italy: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017, 83 FR 39685 (August 10, 2018) (Preliminary Results), and accompanying Preliminary Decision Memorandum. \2\ See Memorandum, ``Certain Pasta from Italy: Issues and Decision Memorandum for the Final Results; 2016-2017,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Order Imports covered by the order are shipments of certain non-egg dry pasta. The merchandise subject to review is currently classifiable under items 1901.90.90.95 and 1902.19.20 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to the order is dispositive.\3\ --------------------------------------------------------------------------- \3\ See Issues and Decision Memorandum for a complete description of the scope of the Order. --------------------------------------------------------------------------- Analysis of Comments Received In the Issues and Decision Memorandum, we addressed all issues raised in parties' case and rebuttal briefs. In the Appendix to this notice, we provide a list of the issues raised by parties. The Issues and Decision Memorandum is a public document and is on-file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and in the Central Records Unit (CRU), Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our review of the record and comments received from interested parties, these final results do not differ from the Preliminary Results with respect to Ghigi/Zara, Indalco, and the seven firms not subject to individual review.\4\ --------------------------------------------------------------------------- \4\ The seven companies not subject to individual review are listed in the ``Final Results of Review'' section below. --------------------------------------------------------------------------- Final Results of the Review As a result of this review, Commerce calculated a weighted-average dumping margin that is above de minimis for Ghigi/Zara and a zero margin for Indalco for the POR. Therefore, consistent with its practice and the methodology set forth in section 735(c)(5)(A) of the Tariff Act of 1930, as amended (the Act), Commerce assigned the weighted-average dumping margin calculated for Ghigi/Zara to the seven non-selected companies in these final results, as referenced below. ------------------------------------------------------------------------ Weighted- average Producer and/or exporter dumping margin (percent) ------------------------------------------------------------------------ Ghigi 1870 S.p.A. and Pasta Zara S.p.A. (Zara) 5.97 (collectively Ghigi/Zara).............................. Industria Alimentare Colavita S.p.A. (Indalco).......... 0.00 Agritalia S.r.L. (Agritalia)............................ 5.97 Alessio, Panarese Soceieta Agricola (Alessio)........... 5.97 Antico Pastificio Morelli 1860 S.r.l. (Antico).......... 5.97 Colussi SpA (Colussi)................................... 5.97 Liguori Pastificio dal 1820 S.p.A. (Liguori)............ 5.97 Pastificio Menucci SpA (Menucci)........................ 5.97 Tesa SrL (Tesa)......................................... 5.97 ------------------------------------------------------------------------ Duty Assessment Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), Commerce shall determine and Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries.\5\ For any individually examined respondent whose weighted-average dumping margin is above de minimis, we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). Upon issuance of the final results of this administrative review, if any importer-specific assessment rates calculated in the final results are above de minimis (i.e., at or above 0.5 percent), Commerce will issue instructions directly to CBP to assess antidumping duties on appropriate entries. Where either the respondent's weighted-average dumping margin is zero or de minimis, or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. --------------------------------------------------------------------------- \5\ In these final results, Commerce applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). --------------------------------------------------------------------------- In accordance with Commerce's ``automatic assessment'' practice,\6\ for entries of subject merchandise during the POR produced by each respondent for which it did not know that its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. --------------------------------------------------------------------------- \6\ For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). --------------------------------------------------------------------------- We intend to issue assessment instructions directly to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of the final results of this administrative review, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for respondents noted above will be the rate established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most [[Page 63629]] recently completed segment of this proceeding for the manufacturer of the subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 15.45 percent, the all- others rate established in the antidumping investigation as modified by the section 129 determination. These cash deposit requirements, when imposed, shall remain in effect until further notice. Disclosure We intend to disclose the calculations performed to parties in this proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during the POR. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: December 4, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Final Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment: Whether to Recalculate Ghigi/Zara's Material Cost as One Weighted-Average Cost V. Recommendation [FR Doc. 2018-26771 Filed 12-10-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices 63627
intermediate company (or companies) performed in reaching these preliminary countervailing duties prior to
involved in the transaction.5 We intend results within five days of the date of liquidation of the relevant entries
to issue appropriate instructions to CBP publication of this notice in accordance during this review period. Failure to
15 days after the date of publication of with 19 CFR 351.224(b). Interested comply with this requirement could
the final results of this review. parties may submit written comments result in the Secretary’s presumption
For the company for which this (case briefs) at a date to be determined that reimbursement of antidumping
review is rescinded (i.e., Miwon), by Commerce and rebuttal comments duties and/or countervailing duties
antidumping duties shall be assessed at (rebuttal briefs) within five days after occurred and the subsequent assessment
rates equal to the cash deposit of the time limit for filing case briefs.7 of double antidumping duties.
estimated antidumping duties required Rebuttal briefs must be limited to issues We are issuing and publishing these
at the time of entry, or withdrawal from raised in the case briefs.8 Commerce preliminary results in accordance with
warehouse, for consumption, during the will notify interested parties when it has sections 751(a)(1) and 777(i)(1) of the
period in accordance with 19 CFR determined a deadline for case briefs. Act.
351.212(c)(1)(i). Commerce intends to Parties who submit case or rebuttal Dated: December 3, 2018.
issue appropriate assessment briefs are requested to submit with the Gary Taverman,
instructions with respect to the argument: (1) A statement of the issue;
Deputy Assistant Secretary for Antidumping
company for which this review is being (2) a brief summary of the argument; and Countervailing Duty Operations,
rescinded to CBP 15 days after the and (3) a table of authorities.9 performing the non-exclusive functions and
publication of this notice. Interested parties who wish to request duties of the Assistant Secretary for
a hearing must do so within 30 days of Enforcement and Compliance.
Cash Deposit Requirements publication of these preliminary results
The following cash deposit by submitting a written request to the Appendix
requirements will be effective for all Assistant Secretary for Enforcement and List of Topics Discussed in the Preliminary
shipments of the subject merchandise Compliance, U.S. Department of Decision Memorandum
entered, or withdrawn from warehouse, Commerce, using Enforcement and I. Summary
for consumption on or after the Compliance’s ACCESS system.10 II. Background
publication date of the final results of Hearing requests should contain the III. Scope of the Order
this administrative review, as provided party’s name, address, and telephone IV. Partial Rescission of Administrative
by section 751(a)(2)(C) of the Act: (1) number, the number of participants, and Review
a list of the issues to be discussed. If a V. Discussion of the Methodology
The cash deposit rate for CJ Indonesia
request for a hearing is made, we will A. Comparison to Normal Value
will be the rate established in the final 1. Determination of Comparison Method
results of this review, except if the rate inform parties of the scheduled date for
2. Results of Differential Pricing Analysis
is less than 0.5 percent and, therefore, the hearing, which will be held at the
B. Product Comparisons
de minimis within the meaning of 19 U.S. Department of Commerce, 14th C. Date of Sale
CFR 351.106(c)(1), in which case the Street and Constitution Avenue NW, D. Constructed Export Price
cash deposit rate will be zero; (2) for Washington, DC 20230, at a time and VI. Normal Value
previously reviewed or investigated location to be determined.11 Parties A. Home Market Viability as Comparison
companies not participating in this should confirm by telephone the date, Market
review, the cash deposit rate will time, and location of the hearing. Issues B. Affiliated Party Transactions and Arm’s-
addressed at the hearing will be limited Length Test
continue to be the company-specific rate C. Level of Trade
published for the most recent period; (3) to those raised in the briefs.12 All briefs
and hearing requests must be filed D. Cost of Production Analysis
if the exporter is not a firm covered in 1. Calculation of Cost of Production
this review, a prior review, or the less- electronically and received successfully
2. Test of Comparison Market Sales Prices
than-fair-value (LTFV) investigation, but in their entirety through ACCESS by 3. Results of Cost of Production Test
the manufacturer is covered in this 5:00 p.m. Eastern Time by their 4. Calculation of Normal Value Based on
review, the cash deposit rate will be the respective deadlines. Comparison Prices
rate established for the most recent Commerce intends to issue the final VII. Currency Conversion
period for the manufacturer of the results of this administrative review, VIII. Verification
merchandise; and (4) the cash deposit including the results of its analysis of IX. Recommendation
rate for all other manufacturers or issues raised in any written briefs, not [FR Doc. 2018–26772 Filed 12–10–18; 8:45 am]
exporters will continue to be 6.19 later than 120 days after the date of BILLING CODE 3510–DS–P
percent, the all-others rate established publication of this notice, unless
in the LTFV investigation.6 These otherwise extended.13
deposit requirements, when imposed, Notification to Importers DEPARTMENT OF COMMERCE
shall remain in effect until further This notice serves as a preliminary International Trade Administration
notice. reminder to importers of their
[A–475–818]
Disclosure and Public Comment responsibility under 19 CFR 351.402(f)
to file a certificate regarding the Certain Pasta From Italy: Final Results
Commerce intends to disclose to reimbursement of antidumping and/or
interested parties the calculations of Antidumping Duty Administrative
7 See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
Review; 2016–2017
amozie on DSK3GDR082PROD with NOTICES1
5 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
Interested parties will be notified through ACCESS AGENCY: Enforcement and Compliance,
regarding the deadline for submitting case briefs. International Trade Administration,
FR 23954 (May 6, 2003). 8 See 19 CFR 351.309(d)(2).
6 See Monosodium Glutamate from the People’s
9 See 19 CFR 351.309(c)(2) and (d)(2).
Department of Commerce.
Republic of China, and the Republic of Indonesia: 10 See 19 CFR 351.310(c). SUMMARY: The Department of Commerce
Antidumping Duty Orders; and Monosodium
Glutamate from the People’s Republic of China:
11 See 19 CFR 351.310. (Commerce) determines that Ghigi 1870
Amended Final Determination of Sales at Less 12 See 19 CFR 351.310(c). S.p.A. and Pasta Zara S.p.A.
Than Fair Value, 79 FR 70505 (November 26, 2014). 13 See section 751(a)(3)(A) of the Act. (collectively, Ghigi/Zara) sold pasta
VerDate Sep<11>2014 17:51 Dec 10, 2018 Jkt 247001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\11DEN1.SGM 11DEN1](https://thefederalregister.org/doc/83_FR_63864/page/1.svg)
![Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices 63629
recently completed segment of this Dated: December 4, 2018. manages these fisheries in the Exclusive
proceeding for the manufacturer of the Gary Taverman, Economic Zone (EEZ) of the
subject merchandise; and (4) the cash Deputy Assistant Secretary for Antidumping Northeastern United States through the
deposit rate for all other manufacturers and Countervailing Duty Operations, Atlantic Surfclam and Ocean Quahog
or exporters will continue to be 15.45 performing the non-exclusive functions and Fishery Management Plan (FMP). The
duties of the Assistant Secretary for Mid-Atlantic Fishery Management
percent, the all-others rate established
Enforcement and Compliance. Council prepared the FMP pursuant to
in the antidumping investigation as
modified by the section 129 Appendix the Magnuson-Stevens Fishery
determination. These cash deposit Conservation and Management Act
List of Topics Discussed in the Final Issues (Magnuson-Stevens Act). The
requirements, when imposed, shall and Decision Memorandum
remain in effect until further notice. regulations implementing the FMP are
I. Summary specified at 50 CFR part 648.
Disclosure II. Background
The recordkeeping and reporting
III. Scope of the Order
IV. Discussion of the Issues requirements at §§ 648.74, 648.75, and
We intend to disclose the calculations 648.76 form the basis for this collection
Comment: Whether to Recalculate Ghigi/
performed to parties in this proceeding of information. We request information
Zara’s Material Cost as One Weighted-
within five days of the date of Average Cost from surfclam and ocean quahog
publication of this notice in accordance V. Recommendation individual transferable quota (ITQ)
with 19 CFR 351.224(b). [FR Doc. 2018–26771 Filed 12–10–18; 8:45 am] permit holders to issue ITQ permits and
Notification to Importers Regarding the BILLING CODE 3510–DS–P to process and track requests from
permit holders to transfer quota share or
Reimbursement of Duties
cage tags. We also request information
This notice also serves as a final DEPARTMENT OF COMMERCE from surfclam and ocean quahog ITQ
reminder to importers of their permit holders to track and properly
responsibility under 19 CFR 351.402(f) National Oceanic and Atmospheric account for surfclam and ocean quahog
to file a certificate regarding the Administration harvest shucked at sea. Because there is
reimbursement of antidumping and/or not a standard conversion factor for
Submission for OMB Review; estimating unshucked product from
countervailing duties prior to Comment Request
liquidation of the relevant entries shucked product, NMFS requires
The Department of Commerce will vessels that shuck product at sea to
during the POR. Failure to comply with
submit to the Office of Management and carry on board the vessel a NMFS-
this requirement could result in
Budget (OMB) for clearance the approved observer to certify the amount
Commerce’s presumption that
following proposal for collection of of these clams harvested. This
reimbursement of antidumping and/or information, upon receipt, results in an
countervailing duties occurred and the information under the provisions of the
Paperwork Reduction Act (44 U.S.C. efficient and accurate database for
subsequent assessment of doubled management and monitoring of fisheries
antidumping duties. chapter 35).
Agency: National Oceanic and of the Northeastern U.S. EEZ.
Notification Regarding Administrative Atmospheric Administration (NOAA). Georges Bank has been closed to the
Protective Order Title: Greater Atlantic Region harvest of surfclams and ocean quahogs
Surfclam and Ocean Quahog ITQ since 1990 due to red tide blooms that
This notice also serves as a reminder Administration. cause paralytic shellfish poisoning
to parties subject to administrative OMB Control Number: 0648–0240. (PSP). We reopened a portion of the
protective orders (APO) of their Form Number(s): None. Georges Bank Closed Area starting in
responsibility concerning the return or Type of Request: Regular (extension of 2012 under certain conditions. We
destruction of proprietary information a currently approved information request information from surfclam and
disclosed under APO in accordance collection). ocean quahog ITQ permit holders who
with 19 CFR 351.305(a)(3), which Number of Respondents: 177. fish in the reopened area to ensure
continues to govern business Average Hours per Response:: ITQ compliance with the Protocol for
proprietary information in this segment permit application form, review of a Onboard Screening and Dockside
of the proceeding. Timely written pre-filled form for renewing entities, Testing in Molluscan Shellfish. The U.S.
notification of the return/destruction of ITQ transfer form, 5 minutes each; 1 Food and Drug Administration, the
APO materials, or conversion to judicial hour to complete the ITQ ownership commercial fishing industry, and NMFS
form for new applicants and 30 minutes developed the PSP protocol to test and
protective order, is hereby requested.
for the application to shuck surfclams verify that clams harvested from
Failure to comply with the regulations
and ocean quahogs at sea. The Georges Bank continue to be safe for
and the terms of an APO is a human consumption. The National
requirements under the PSP protocol are
sanctionable violation. Shellfish Sanitation Program adopted
based on the number of vessels that land
We are issuing and publishing this surfclams or ocean quahogs and the the PSP protocol at the October 2011
notice in accordance with sections number of trips taken into the area, with Interstate Shellfish Sanitation
751(a)(1) and 777(i)(1) of the Act and 19 a total estimated annual burden of 3 Conference.
CFR 351.221(b)(5). hours per vessel. Affected Public: Business or other for-
amozie on DSK3GDR082PROD with NOTICES1
Burden Hours: 2,473. profit organizations; individuals or
Needs and Uses: This request is for an households.
extension of a currently approved Frequency: Annually and on occasion.
collection associated with the Atlantic Respondent’s Obligation: Mandatory.
surfclam and ocean quahog fisheries. This information collection request
National Marine Fisheries Service may be viewed at reginfo.gov. Follow
(NMFS) Greater Atlantic Region the instructions to view Department of
VerDate Sep<11>2014 17:51 Dec 10, 2018 Jkt 247001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\11DEN1.SGM 11DEN1](https://thefederalregister.org/doc/83_FR_63864/page/3.svg)
Document Created: 2018-12-11 01:06:51
Document Modified: 2018-12-11 01:06:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable December 11, 2018. | |
| Contact | Joy Zhang (Ghigi/Zara) or George McMahon (Indalco), AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1168 or (202) 482-1167, respectively. | |
| FR Citation | 83 FR 63627 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR