83 FR 64329 - Pasta From Italy: Final Results of Countervailing Duty Administrative Review; 2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 240
(December 14, 2018)
International Trade Administration
Federal Register Volume 83, Issue 240 (December 14, 2018)
| Page Range | 64329-64330 | |
| FR Document | 2018-27119 |
[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)] [Notices] [Pages 64329-64330] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-27119] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-475-819] Pasta From Italy: Final Results of Countervailing Duty Administrative Review; 2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) has completed its administrative review of the countervailing duty (CVD) order on pasta from Italy. We have determined that GR.A.M.M. S.r.l. (GR.A.M.M.), the only mandatory respondent, received countervailable subsidies during the period of review (POR) January 1, 2016, through December 31, 2016. DATES: Applicable December 14, 2018. FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1785. SUPPLEMENTARY INFORMATION: Background On July 24, 1996, Commerce published in the Federal Register a CVD Order on pasta from Italy.\1\ On August 9, 2018, Commerce published the Preliminary Results of this CVD administrative review in the Federal Register.\2\ Commerce gave interested parties an opportunity to comment on the Preliminary Results. On September 11, 2018, we received a case brief from GR.A.M.M. No rebuttal comments were received. --------------------------------------------------------------------------- \1\ See Notice of Countervailing Duty Order and Amended Final Affirmative Countervailing Duty Determination: Certain Pasta (``Pasta'') from Italy, 61 FR 38544 (July 24, 1996) (Order). \2\ See Certain Pasta from Italy: Preliminary Results of Countervailing Duty Administrative Review and Partial Rescission; 2016, 83 FR 39418 (August 9, 2018) (Preliminary Results), and accompanying Preliminary Decision Memorandum. --------------------------------------------------------------------------- Scope of the Order The merchandise covered by this order is certain non-egg dry pasta from Italy. The merchandise subject to this order 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. A full description of the scope of the order is contained in the Issues and Decision Memorandum, which is hereby adopted in this notice.\3\ --------------------------------------------------------------------------- \3\ See Memorandum, ``Issues and Decision Memorandum for the Final Results of Countervailing Duty Administrative Review: Certain Pasta from Italy; 2016,'' dated concurrently with this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the respondent's case brief are listed in the Appendix to this notice and are addressed in the Issues and Decision Memorandum accompanying this notice. 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 http://access.trade.gov and in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results For the final results, we changed the calculation of the countervailable subsidy rate for Action 6.1.4, Aid on Investment Program Promoted by Micro and Small Businesses, based on additional information provided regarding the specificity of the program and no longer find the portion of the program funded by the Regional Government of Puglia to be countervailable. Methodology We conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable during the POR, we find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.\4\ For a full description of the methodology underlying our conclusions, see the Issues and Decision Memorandum. --------------------------------------------------------------------------- \4\ See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regrading benefit; and, section 771(5A) of the Act regarding specificity. --------------------------------------------------------------------------- Final Results of Review We determine the following net countervailable subsidy rate for GR.A.M.M., for the period, January 1, 2016, through December 31, 2016: ------------------------------------------------------------------------ Net subsidy Producer/exporter rate (percent) ------------------------------------------------------------------------ GR.A.M.M. S.r.l............................................. 1.18 ------------------------------------------------------------------------ Disclosure We intend to disclose to the parties in this proceeding the calculations performed for these final results within five days of the date of publication of this notice in the Federal Register.\5\ --------------------------------------------------------------------------- \5\ See 19 CFR 351.224(b). --------------------------------------------------------------------------- Assessment Rates In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these final results to liquidate shipments of subject merchandise entered, or withdrawn from warehouse, for consumption, on or after January 1, 2016 through December 31, 2016, at the ad valorem rate listed above. Cash Deposit Instructions In accordance with section 751(a)(2)(C) of the Act, we intend to instruct CBP to collect cash deposits of estimated countervailing duties in the amount shown above for shipments of subject merchandise by GR.A.M.M.. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company. These cash deposit requirements, when imposed, shall remain in effect until further notice. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. We are issuing and publishing these results in accordance with sections [[Page 64330]] 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: December 7, 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 Issues and Decision Memorandum I. Summary II. Background III. List of Interested Party Comments IV. Scope of the Order V. Changes Since the Preliminary Results VI. Subsidy Valuation Information VII. Analysis of Programs VIII. Discussion of the Issues Comment 1: Commerce Should Not Make Any Changes to the Results Other Than Those Raised in Parties' Briefs Comment 2: Commerce Should Exclude the Action 6.1.4. Program from the Final Results Commerce 3: Commerce Should Recalculate the Benefit for the ERDF Action 4.1 Program IX. Conclusion [FR Doc. 2018-27119 Filed 12-13-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices 64329
Comment 5: Use of Revised Data in the items 1901.90.90.95 and 1902.19.20 of conclusions, see the Issues and Decision
Final Results of Review the Harmonized Tariff Schedule of the Memorandum.
Comment 6: Failure to Report End-User United States (HTSUS). Although the
Customer Codes Final Results of Review
HTSUS subheadings are provided for
VII. Recommendation We determine the following net
convenience and customs purposes, the
[FR Doc. 2018–27120 Filed 12–13–18; 8:45 am] written description of the merchandise countervailable subsidy rate for
BILLING CODE 3510–DS–P subject to the order is dispositive. A full GR.A.M.M., for the period, January 1,
description of the scope of the order is 2016, through December 31, 2016:
contained in the Issues and Decision
DEPARTMENT OF COMMERCE Memorandum, which is hereby adopted Net
subsidy
in this notice.3 Producer/exporter rate
International Trade Administration
Analysis of Comments Received (percent)
[C–475–819]
All issues raised in the respondent’s GR.A.M.M. S.r.l .......................... 1.18
Pasta From Italy: Final Results of case brief are listed in the Appendix to
Countervailing Duty Administrative this notice and are addressed in the Disclosure
Review; 2016 Issues and Decision Memorandum We intend to disclose to the parties in
accompanying this notice. The Issues this proceeding the calculations
AGENCY: Enforcement and Compliance, and Decision Memorandum is a public
International Trade Administration, performed for these final results within
document and is on file electronically five days of the date of publication of
Department of Commerce. via Enforcement and Compliance’s
SUMMARY: The Department of Commerce this notice in the Federal Register.5
Antidumping and Countervailing Duty
(Commerce) has completed its Centralized Electronic Service System Assessment Rates
administrative review of the (ACCESS). ACCESS is available to In accordance with 19 CFR
countervailing duty (CVD) order on registered users at http:// 351.212(b)(2), Commerce intends to
pasta from Italy. We have determined access.trade.gov and in the Central issue assessment instructions to U.S.
that GR.A.M.M. S.r.l. (GR.A.M.M.), the Records Unit, Room B8024 of the main Customs and Border Protection (CBP) 15
only mandatory respondent, received Commerce building. In addition, a days after the date of publication of
countervailable subsidies during the complete version of the Issues and these final results to liquidate
period of review (POR) January 1, 2016, Decision Memorandum can be accessed shipments of subject merchandise
through December 31, 2016. directly at http://enforcement.trade.gov/ entered, or withdrawn from warehouse,
DATES: Applicable December 14, 2018. frn. The signed and electronic versions for consumption, on or after January 1,
FOR FURTHER INFORMATION CONTACT: of the Issues and Decision 2016 through December 31, 2016, at the
Mary Kolberg, AD/CVD Operations, Memorandum are identical in content. ad valorem rate listed above.
Office I, Enforcement and Compliance, Changes Since the Preliminary Results Cash Deposit Instructions
International Trade Administration,
For the final results, we changed the In accordance with section
U.S. Department of Commerce, 1401
calculation of the countervailable 751(a)(2)(C) of the Act, we intend to
Constitution Avenue NW, Washington,
subsidy rate for Action 6.1.4, Aid on instruct CBP to collect cash deposits of
DC 20230; telephone: (202) 482–1785.
Investment Program Promoted by Micro estimated countervailing duties in the
SUPPLEMENTARY INFORMATION: and Small Businesses, based on amount shown above for shipments of
Background additional information provided subject merchandise by GR.A.M.M.. For
regarding the specificity of the program all non-reviewed firms, we will instruct
On July 24, 1996, Commerce and no longer find the portion of the
published in the Federal Register a CVD CBP to continue to collect cash deposits
program funded by the Regional of estimated countervailing duties at the
Order on pasta from Italy.1 On August Government of Puglia to be
9, 2018, Commerce published the most recent company-specific or all-
countervailable. others rate applicable to the company.
Preliminary Results of this CVD
administrative review in the Federal Methodology These cash deposit requirements, when
Register.2 Commerce gave interested imposed, shall remain in effect until
We conducted this review in
parties an opportunity to comment on further notice.
accordance with section 751(a)(1)(A) of
the Preliminary Results. On September the Tariff Act of 1930, as amended (the Administrative Protective Orders
11, 2018, we received a case brief from Act). For each of the subsidy programs This notice also serves as a reminder
GR.A.M.M. No rebuttal comments were found to be countervailable during the to parties subject to administrative
received. POR, we find that there is a subsidy, i.e., protective order (APO) of their
Scope of the Order a government-provided financial responsibility concerning the
contribution that gives rise to a benefit destruction of proprietary information
The merchandise covered by this to the recipient, and that the subsidy is disclosed under APO in accordance
order is certain non-egg dry pasta from specific.4 For a full description of the with 19 CFR 351.305(a)(3). Timely
Italy. The merchandise subject to this methodology underlying our written notification of the return or
order is currently classifiable under
3 See Memorandum, ‘‘Issues and Decision
destruction of APO materials or
conversion to judicial protective order is
amozie on DSK3GDR082PROD with NOTICES1
1 See Notice of Countervailing Duty Order and Memorandum for the Final Results of
Amended Final Affirmative Countervailing Duty Countervailing Duty Administrative Review: hereby requested. Failure to comply
Determination: Certain Pasta (‘‘Pasta’’) from Italy, Certain Pasta from Italy; 2016,’’ dated concurrently with the regulations and terms of an
61 FR 38544 (July 24, 1996) (Order). with this notice (Issues and Decision APO is a sanctionable violation.
2 See Certain Pasta from Italy: Preliminary Results Memorandum). We are issuing and publishing these
of Countervailing Duty Administrative Review and 4 See sections 771(5)(B) and (D) of the Act
Partial Rescission; 2016, 83 FR 39418 (August 9, regarding financial contribution; section 771(5)(E)
results in accordance with sections
2018) (Preliminary Results), and accompanying of the Act regrading benefit; and, section 771(5A)
Preliminary Decision Memorandum. of the Act regarding specificity. 5 See 19 CFR 351.224(b).
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![64330 Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices
751(a)(1) and 777(i)(1) of the Act and 19 Zhaoqing Tifo New Fibre Co., Ltd production from the dumping margin
CFR 351.221(b)(5). (Zhaoqing Tifo). calculation to address the Court’s
Dated: December 7, 2018. DATES: Applicable December 10, 2018. concern over potential double counting
Gary Taverman, FOR FURTHER INFORMATION CONTACT: Jerry of energy inputs.8 On November 30,
Huang, AD/CVD Operations, Office V, 2018, the CIT sustained Commerce’s
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, Enforcement and Compliance, Second Remand Redetermination.9
performing the non-exclusive functions and International Trade Administration, Timken Notice
duties of the Assistant Secretary for U.S. Department of Commerce, 1401
Enforcement and Compliance. Constitution Avenue NW, Washington, In its decision in Timken,10 as
DC 20230; telephone (202) 482–4047. clarified by Diamond Sawblades,11 the
Appendix Court of Appeals for the Federal Circuit
SUPPLEMENTARY INFORMATION:
List of Topics Discussed in the Issues and (CAFC) held that, pursuant to section
Decision Memorandum Background 516A of the Tariff Act of 1930, as
I. Summary On January 11, 2013, Commerce amended (the Act), Commerce must
II. Background published its Final Results of the 2010– publish a notice of a court decision that
III. List of Interested Party Comments 2011 AD administrative review of PSF is not ‘‘in harmony’’ with a Commerce
IV. Scope of the Order from China.1 On April 7, 2015, the CIT determination and must suspend
V. Changes Since the Preliminary Results remanded the Final Results to liquidation of entries pending a
VI. Subsidy Valuation Information ‘‘conclusive’’ court decision.12 The
Commerce to reconsider the dumping
VII. Analysis of Programs CIT’s November 30, 2018, final
VIII. Discussion of the Issues margin calculation for Zhaoqing Tifo
Comment 1: Commerce Should Not Make and to consider any potential for double judgment affirming the Second Remand
Any Changes to the Results Other Than counting of energy inputs by the Redetermination constitutes a final
Those Raised in Parties’ Briefs inclusion of coal as a factor of decision of the Court that is not in
Comment 2: Commerce Should Exclude production (FOP), as alleged by harmony with Commerce’s Final
the Action 6.1.4. Program from the Final Zhaoqing Tifo.2 In its First Remand Results. This notice is published in
Results Redetermination, Commerce relied fulfillment of the publication
Commerce 3: Commerce Should upon a different set of financial requirements of Timken and section
Recalculate the Benefit for the ERDF statements that allowed Commerce to 516A of the Act.
Action 4.1 Program
IX. Conclusion
more accurately calculate Zhaoqing Amended Final Results
Tifo’s dumping margin while also
[FR Doc. 2018–27119 Filed 12–13–18; 8:45 am] addressing any concerns of double Because there is now a final court
BILLING CODE 3510–DS–P counting of energy inputs.3 On August decision, Commerce is amending its
30, 2017, the Court remanded this issue Final Results. Commerce finds that the
to Commerce a second time, finding that revised AD dumping margin for
DEPARTMENT OF COMMERCE Commerce’s selection of financial Zhaoqing Tifo is as follows:
International Trade Administration statements was not timely challenged by
any party and was, thus, beyond the Weighted-
average
[A–570–905] scope of the remand in Zhaoqing Tifo I.4 Producer/exporter dumping
Therefore, the Court instructed margin
Certain Polyester Staple Fiber From Commerce to reconsider how the (percent)
the People’s Republic of China: Notice surrogate financial ratios originally used
of Court Decision Not in Harmony With in Final Results account for energy Zhaoqing Tifo New Fiber
Final Results of Antidumping Duty sources and whether the inclusion of Co., Ltd ............................. 0.00
Administrative Review and Notice of coal in the FOP database results in
Amended Final Results of double-counting.5 In its Second Remand Accordingly, Commerce will continue
Antidumping Duty Administrative Redetermination, under respectful the suspension of liquidation of the
Review protest,6 Commerce relied on the subject merchandise pending the
financial statements used in the Final expiration of the period of appeal or, if
AGENCY: Enforcement and Compliance, appealed, pending a final and
International Trade Administration, Results,7 and removed coal as a factor of
conclusive court decision. In the event
Department of Commerce. the Court’s ruling is not appealed or, if
1 See Certain Polyester Staple Fiber from the
SUMMARY: On November 30, 2018, the appealed, upheld by the CAFC,
People’s Republic of China: Final Results of
United States Court of International Antidumping Duty Administrative Review; 2010– Commerce will instruct U.S. Customs
Trade (CIT or the Court) sustained the 2011, 78 FR 2366 (January 11, 2013) (Final Results) and Border Protection to assess
final results of redetermination and accompanying Issues and Decision
Memorandum (IDM).
antidumping duties on unliquidated
pertaining to the antidumping duty (AD) 2 See Zhaoqing Tifo New Fibre Co., Ltd. v. United entries of subject merchandise exported
administrative review of certain States, 60 F. Supp. 3d 1328 (CIT 2015) (Zhaoqing
polyester staple fiber (PSF) from the Tifo I). 8 See Final Results of Redetermination Pursuant
People’s Republic of China (China) for 3 See Final Results of Redetermination Pursuant to Court Remand Zhaoqing Tifo New Fibre Co., Ltd.
the period of review (POR) June 1, 2010, to Zhaoqing Tifo New Fibre Co., Ltd. v. United v. United States, Court No. 13–00044, Slip Op. 17–
States, Court No. 13–00044, Slip Op. 15–31 (April 118 (CIT August 30, 2017), dated November 6, 2017
through May 31, 2011. The Department 9, 2015), dated July 9, 2015 (First Remand (Second Remand Redetermination).
of Commerce (Commerce) is notifying Redetermination).
amozie on DSK3GDR082PROD with NOTICES1
9 See Zhaoqing Tifo New Fibre Co., Ltd. v. United
the public that the final judgment in this 4 See Zhaoqing Tifo New Fibre Co., Ltd. v. United States, Court No. 13–00044, Slip Op. 18–168 (CIT
case is not in harmony with the final States, 256 F. Supp. 3d 1314, 1334 (CIT 2017) November 30, 2018).
results of the AD administrative review (Zhaoqing II). 10 See Timken Co., v United States, 893 F.2d 337
5 Id., 256 F. Supp. 3d at 1337. (Fed. Cir. 1990) (Timken).
of the antidumping duty order on PSF 6 See Viraj Grp, Ltd. v. United States, 343 F.3d 11 See Diamond Sawblades Mfrs. Coalition v.
from China and that Commerce is 1371, 1376 (Fed. Cir. 2003). United States, 626 F.3d 1374 (Fed. Cir. 2010)
amending the final results with respect 7 Final Results, 78 FR at 2368, and accompanying (Diamond Sawblades).
to the AD cash deposit rate assigned to IDM at Comment 2. 12 See Sections 516A(c) and (e) of the Act.
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Document Created: 2018-12-14 03:50:16
Document Modified: 2018-12-14 03:50:16
| 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 14, 2018. | |
| Contact | Mary Kolberg, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1785. | |
| FR Citation | 83 FR 64329 |
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