[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Notices]
[Pages 49256-49257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19617]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-819]
Certain Pasta From Italy: Preliminary Results of the
Countervailing Duty Administrative Review; 2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting an
administrative review of the countervailing duty order on certain pasta
from Italy. The period of review (``POR'') is January 1, 2011, through
December 31, 2011. We preliminarily determine that Molino e Pastificio
Tomasello S.p.A. (``Tomasello'') received countervailable subsidies
during the POR, and that Delverde Industrie Alimentari S.p.A.
(``Delverde'') and Valdigrano di Flavio Pagani S.r.L. (``Valdigrano'')
received de minimis countervailable subsidies during the POR.
Interested parties are invited to comment on the preliminary results.
DATES: Effective Date: August 13, 2013.
FOR FURTHER INFORMATION CONTACT: Joseph Shuler or Christopher Siepmann,
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 and (202) 482-7958, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The scope of the order consists of certain pasta from Italy. The
merchandise subject to the 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 is dispositive. A full description of the scope of the
order is contained in the ``Decision Memorandum for Preliminary Results
of Countervailing Duty Administrative Review: Certain Pasta from
Italy,'' from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration, dated August 2, 2013
(``Preliminary Decision Memorandum''), and hereby adopted by this
notice.
The Preliminary Decision Memorandum is a public document and is on
file electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit (``CRU''), room 7046
of the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
on the Internet at http://www.trade.gov/ia/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Methodology
The Department has 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 countervailable, we preliminarily
determine 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. See sections 771(5)(B) and (D) of the
Act regarding financial contribution; section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity. For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum.
[[Page 49257]]
In making these findings, we have relied, in part, on an adverse
inference in selecting from among the facts otherwise available because
the Government of Italy did not act to the best of its ability to
respond to the Department's requests for information regarding certain
programs. See sections 776(a) and (b) of the Act. For further
discussion, see Preliminary Decision Memorandum at ``Use of Facts
Otherwise Available and Adverse Inferences.''
Finally, we were not able to make a preliminary determination of
countervailability for certain programs because we require further
information. See Preliminary Decision Memorandum at ``Programs for
Which More Information is Required.'' We intend to seek that
information and address those programs in a post-preliminary analysis
prior to our final results.
Preliminary Results of Review
In accordance with section 751(a)(1)(A) of the Act and 19 CFR
351.221(b)(4)(i), we calculated individual subsidy rates for the
respondents, Delverde, Tomasello, and Valdigrano. For the period
January 1, 2011, through December 31, 2011, we preliminarily find the
net subsidy rates for the producers/exporters under review to be as
follows:
------------------------------------------------------------------------
Net subsidy
Producer/Exporter rate (percent)
------------------------------------------------------------------------
Delverde Industrie Alimentari S.p.A..................... .42
Molino e Pastificio Tomasello S.p.A..................... 1.82
Valdigrano di Flavio Pagani S.r.L....................... .35
------------------------------------------------------------------------
Assessment Rates
If these preliminary net subsidy rates are adopted in the final
results of the review, the Department will instruct U.S. Customs and
Border Protection (``CBP'') to assess countervailing duties on POR
entries in the amounts shown above, except that entries of merchandise
produced and exported by Delverde and Valdigrano will be liquidated
without regard to countervailing duties because their subsidies are de
minimis. The Department intends to issue these assessment instructions
to CBP 15 days after the date of publication of the final results of
this review.
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, 2011, and December 31, 2011, at the
rates in effect at the time of entry.
Cash Deposit Requirements
If the final results remain the same as these preliminary results,
the Department will instruct CBP to collect cash deposits on shipments
of the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review in the amounts shown above, except that cash deposits at
zero percent will be required for entries from Delverde and Valdigrano
because their rates are de minimis.
For non-reviewed companies, we will instruct CBP to continue to
collect cash deposits of estimated countervailing duties at the most
recent company-specific or country-wide rate applicable to the company.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Disclosure and Public Comment
Pursuant to 19 CFR 351.224(b), the Department will disclose to
parties to this proceeding the calculations performed in connection
with these preliminary results not later than ten days after the date
of the public announcement of this determination.
Interested parties may submit case and rebuttal briefs, and request
a hearing in accordance with 19 CFR 351.309 and 351.310. For a schedule
of the deadlines, see Preliminary Decision Memorandum.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, the Department will issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
publication of these preliminary results.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: August 2, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
Scope of the Order
Use of Facts Otherwise Available and Adverse Inferences
Subsidies Valuation Information
Loan Benchmarks and Discount Rates
Analysis of Programs
I. Programs Preliminarily Determined To Be Countervailable
II. Programs Preliminarily Determined To Be Terminated
III. Programs Preliminarily Determined to be Non-Countervailable
IV. Programs For Which More Information Is Required
V. Programs Preliminarily Found to Be Not Used or that Provided
No Benefit During the POR
[FR Doc. 2013-19617 Filed 8-12-13; 8:45 am]
BILLING CODE 3510-DS-P