[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Pages 69793-69794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28219]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-819]
Certain Pasta From Italy; Final Results of Countervailing Duty
Administrative Review; 2010
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 1, 2012, the Department of Commerce (the
``Department'') published in the Federal Register its preliminary
results of administrative review of the countervailing duty order on
certain pasta from Italy for the period January 1, 2010, through
December 31, 2010. We received no comments on those preliminary results
and we continue to determine that Molino e Pastificio Tomasello S.p.A.
(``Tomasello'') received countervailable subsidies during the period of
review.
DATES: Effective Date: November 21, 2012.
FOR FURTHER INFORMATION CONTACT: Joseph Shuler, AD/CVD Operations,
Office 1, Import Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone
(202) 482-1293.
SUPPLEMENTARY INFORMATION:
Background
The Department published the preliminary results of this
administrative review on August 1, 2012. See Certain Pasta From Italy:
Preliminary Results of the 15th (2010) Countervailing Duty
Administrative Review and Rescission, In Part, 77 FR 45582 (August 1,
2012) (``Preliminary Results''). We invited interested parties to file
comments following the release of the Preliminary Results. No comments
were received.
Period of Review
The period for which we are measuring subsidies is January 1, 2010,
through December 31, 2010.
Certification of Organic Pasta
As discussed further under ``Scope of the Order,'' pasta from Italy
that is certified as organic by European Union authorized agents and
accompanied by a U.S. Department of Agriculture's National Organic
Program import certificate is excluded from the order.
Scope of the Order
Imports covered by the order are shipments of certain non-egg dry
pasta in packages of five pounds four ounces or less, whether or not
enriched or fortified or containing milk or other optional ingredients
such as chopped vegetables, vegetable purees, milk, gluten, diastasis,
vitamins, coloring and flavorings, and up to two percent egg white. The
pasta covered by the scope of the order is typically sold in the retail
market, in fiberboard or cardboard cartons, or polyethylene or
polypropylene bags of varying dimensions.
Excluded from the scope of the order are refrigerated, frozen, or
canned pastas, as well as all forms of egg pasta, with the exception of
non-egg dry pasta containing up to two percent egg white. Also excluded
are imports of organic pasta from Italy that are certified by a
European Union authorized body and accompanied by a National Organic
Program import certificate for organic products. See Memorandum from
Yasmin Nair to Susan Kuhbach, entitled ``Recognition of EU Organic
Certifying Agents for Certifying Organic Pasta from Italy,'' dated
October 10, 2012, which is on file in the Department's CRU. Pursuant to
the Department's May 12, 2011 changed circumstances review, effective
January 1, 2009, gluten-free pasta is also excluded from the scope of
the countervailing duty order. See Certain Pasta From Italy: Final
Results of Countervailing Duty Changed Circumstances Review and
Revocation, In Part, 76 FR 27634 (May 12, 2011).
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.
Use of Facts Otherwise Available and Adverse Inferences
Sections 776(a)(1) and (2) of the Tariff Act of 1930, as amended
(``the Act''), provide that the Department shall apply ``facts
otherwise available'' if necessary information is not on the record or
an interested party or any other person: (A) Withholds information that
has been requested; (B) fails to provide information within the
deadlines established, or in the form and manner requested by the
Department, subject to subsections (c)(1) and (e) of section 782 of the
Act; (C) significantly impedes a proceeding; or (D) provides
information that cannot be verified as provided by section 782(i) of
the Act. Section 776(b) of the Act further provides that the Department
may use an adverse inference in applying the facts otherwise available
when a party has failed to cooperate by not acting to the best of its
ability to comply with a request for information.
As explained in our Preliminary Results, we find that the
Government of Italy (``GOI'') failed to respond to our request for
usage information regarding Measure 3.14 of the POR Sicilia 2000/2006.
Therefore, consistent with section 776(a)(2)(B) of the Act, we have
relied on facts otherwise available. Furthermore, because the GOI
failed to provide this information, which was in its possession, we
determine that the GOI did not act to the best of its ability.
Consequently, an adverse inference is warranted in accordance with
section 776(b) of the Act. As adverse facts available, we determine
that the assistance received by Tomasello under Measure 3.14 of the POR
Sicilia 2000/2006 is specific within the meaning of section 771(5A) of
the Act. See Preliminary Results, 77 FR at 45585.
Final Results of Review
We have made no changes to our findings announced in the
Preliminary Results. See Preliminary Results, 77 FR at 45586; see also
Memorandum from Joseph Shuler, International Trade Analyst, to the
File, ``2010 Preliminary Results Calculation Memorandum for Molino e
Pastificio Tomasello, S.p.A.,'' dated July 24, 2012.
For the period January 1, 2010, through December 31, 2010, we find
that the ad valorem net subsidy rate for Tomasello to be:
[[Page 69794]]
------------------------------------------------------------------------
Net subsidy
Producer/Exporter rate (percent)
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Molino e Pastificio Tomasello S.p.A.................... 2.49
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Assessment Rates
Consistent with 19 CFR 351.212(b), the Department intends to issue
assessment instructions to U.S. Customs and Border Protection (``CBP'')
fifteen days after the date of publication of these final results. For
Tomasello, the Department will instruct CBP to assess countervailing
duties at the net subsidy rate listed above.
For all other companies that were not reviewed (except Barilla G. e
R. F.lli S.p.A., and Gruppo Agricoltura Sana S.r.l., which are excluded
from the order, and Pasta Lensi S.r.l., which was revoked from the
order), the Department has directed CBP to assess countervailing duties
on all entries between January 1, 2010, and December 31, 2010, at the
rates in effect at the time of entry.
Cash Deposit Instructions
For Tomasello, the Department intends to instruct CBP to collect
cash deposits of estimated countervailing duties in the amounts shown
above.
For all non-reviewed firms (except Barilla G. e R. F.lli S.p.A. and
Gruppo Agricoltura Sana S.r.l., which are excluded from the order, and
Pasta Lensi S.r.l. which was revoked from the order), we will instruct
CBP to collect cash deposits of estimated countervailing duties at the
most recent company-specific or all-others rate applicable to the
company. The cash deposit rates for all companies not covered by this
review are not changed by the results of this review.
Administrative Protective Order
This notice serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or 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 these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: November 13, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-28219 Filed 11-20-12; 8:45 am]
BILLING CODE 3510-DS-P