[Federal Register Volume 79, Number 42 (Tuesday, March 4, 2014)]
[Notices]
[Pages 12154-12155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04747]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-819]
Certain Pasta From Italy; Final Results of Countervailing Duty
Administrative Review; 2011
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (the ``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 find that Molino e Pastificio Tomasello S.p.A.
(Tomasello) received countervailable subsidies during the POR, and find
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.
DATES: Effective Date: March 4, 2014.
FOR FURTHER INFORMATION CONTACT: Joseph Shuler or Christopher Siepmann,
AD/CVD Operations, Office I, Enforcement and Compliance, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone (202) 482-1293 or (202) 482-7958,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 13, 2013, 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 POR of
January 1, 2011, through December 31, 2011.\1\ We deferred our analysis
of some programs to a post-preliminary analysis in order to gather more
information regarding those programs. On December 2, 2013, the
Department issued its Post-Preliminary Analysis.\2\
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\1\ See Certain Pasta From Italy: Preliminary Results of the
Countervailing Duty Administrative Review; 2011, 78 FR 49256 (August
13, 2013) (Preliminary Results).
\2\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Post-Preliminary Analysis of
Countervailing Duty Administrative Review: Certain Pasta (``Pasta'')
from Italy,'' dated December 2, 2013 (Post-Preliminary Analysis).
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We invited interested parties to file comments following the
release of the Post-Preliminary Analysis. No comments were received.
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 Preliminary Decision Memorandum.
Methodology
The Department 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 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.\3\ In making these findings, we relied, in part, on an
adverse inference in selecting from among the facts otherwise available
because the Government of Italy (GOI) did not act to the best of its
ability to respond to the Department's requests for information
regarding certain programs.\4\ For further discussion, see Preliminary
Results, and accompanying Preliminary Decision Memorandum at ``Use of
Facts Otherwise Available and Adverse Inferences.''
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\3\ 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 Results and Post-Preliminary Analysis.
\4\ See sections 776(a) and (b) of the Act.
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Developments Since the Preliminary Results
Post-Preliminary Results
Law 56/87
Delverde reported that it enjoyed reduced social security payments
``pursuant to Italy's apprenticeship laws 25/55 and 56/87 as modified
by Legislative Decree 276/03.'' \5\ Law 25/55 and Legislative Decree
276/03 were previously found to be
[[Page 12155]]
noncountervailable in the Twelfth Administrative Review.\6\ In the
instant review, we reviewed relevant excerpts of Law 56/87 provided by
the GOI and, in the Post-Preliminary Analysis, we found that Law 56/87
does not, in and of itself, establish a subsidy program or provide for
subsidy benefits beyond those already authorized by Law 25/55.\7\
Because Law 56/87 merely modifies some provisions of Law 25/55, and
because Law 25/55 and Legislative Decree 276/03 were previously found
to be noncountervailable, we found in the Post-Preliminary Analysis
that Law 56/87 is similarly non-countervailable.\8\ No information has
been submitted causing us to make a different determination. Therefore,
we continue to do so for these final results.
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\5\ See Letter from Delverde, ``Certain Pasta from Italy: CVD
Questionnaire Response of Delverde Industrie Alimentari S.p.A.''
(November 19, 2012) at 15-17.
\6\ See Certain Pasta from Italy: Preliminary Results of the
12th (2007) Countervailing Duty Administrative Review, 74 FR 25489,
25495-96 (May 28, 2009), unchanged in Certain Pasta from Italy:
Final Results of the 12th (2007) Countervailing Duty Administrative
Review, 74 FR 47204 (September 15, 2009) (collectively, ``Twelfth
Administrative Review).
\7\ See Post-Preliminary Analysis at 3.
\8\ Id.
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PON Program
In the Preliminary Results, we stated that we intended to seek
additional information from the GOI to confirm whether Tomasello
received funds under Piano Operativo Nazionale (National Operating
Plan) (PON Program) in the POR, and would address this program in a
post-preliminary analysis. As noted in the Post-Preliminary Analysis,
the GOI confirmed that Tomasello did not receive funding under this
program during the POR.\9\ Therefore, we found that Tomasello did not
use this program during the POR.\10\ We continue to do so for these
final results.
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\9\ See Letter from the GOI, ``Sixteenth Administrative Review
of the Countervailing Duty Order on Certain Pasta from Italy
(January 1, 2011-December 31, 2011). Fourth Supplemental
Questionnaire,'' (September 6, 2013) at 11.
\10\ See Post-Preliminary Analysis at 3-4.
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Training Grants from the Fondo Impresa
While Delverde received grants from the Fondo Impresa during 2011
and 2012,\11\ we found that this program did not result in a measurable
benefit during the POR.\12\ Accordingly, it was not necessary to
analyze whether the program satisfies the other elements of a
countervailable subsidy under section 771(5) of the Act.\13\ We
continue to reach the same conclusion for these final results.
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\11\ See Letter from Delverde, ``Certain Pasta from Italy:
Second Supplemental CVD Questionnaire Response of Delverde Industrie
Alimentari S.p.A.'' (June 26, 2013) at 5.
\12\ See Post-Preliminary Analysis at 4.
\13\ Id.
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Changes Since the Preliminary Results
Law 46/82
In preliminarily calculating the benefit for this program, we did
not adjust our calculation methodology to reflect the number of days of
the interest payment period Tomasello reported because we were not
certain that the information requested had been properly reported.
However, after we issued the Preliminary Results, Tomasello confirmed
that it had correctly reported the number of days between interest
payments for this loan.\14\ We have modified the calculation to
properly account for the number of days between interest payments
confirmed by Tomasello, thereby changing the subsidy rate for this
program from 0.12 percent to 0.13 percent.\15\
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\14\ See Letter from Tomasello, ``Pasta From Italy; Tomasello
supplemental questionnaire response'' (September 6, 2013) at 1.
\15\ See Memorandum from Joseph Shuler, International Trade
Compliance Analyst, to Nancy Decker, Program Manager, ``Final
Results Calculation Memorandum for Molino e Pastificio Tomasello
S.p.A.,'' dated concurrently with the signature of this notice.
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Final Results of Review
For the period January 1, 2011, through December 31, 2011, we find
the ad valorem net subsidy rate for Delverde, Tomasello, and Valdigrano
to be:
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Producer/exporter Net subsidy rate
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Delverde Industrie Alimentari S.p.A... 0.42 (de minimis).
Molino e Pastificio Tomasello S.p.A... 1.83
Valdigrano di Flavio Pagani S.r.L..... 0.35 (de minimis).
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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. The
Department will instruct CBP to assess countervailing duties on POR
entries in the amounts shown above, except that entries of merchandise
produced and/or exported by both Delverde and Valigrano will be
liquidated without regard to countervailing duties because their
subsidy rates are de minimis.
Cash Deposit Instructions
The Department intends to instruct CBP to collect cash deposits of
estimated countervailing duties in the amounts shown above on shipments
of the subject merchandise entered or withdrawn from warehouse for
consumption on or after the date of publication of these final results
in the amounts shown above, except that cash deposits of zero percent
will be required for entries from Delverde and Valdigrano because their
subsidy rates are de minimis.
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,\16\
and Pasta Lensi S.r.l. which was revoked from the order),\17\ 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.
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\16\ See Notice of Countervailing Duty Order and Amended Final
Affirmative Countervailing Duty Determination: Certain Pasta
(``Pasta'') From Italy, 61 FR 38544, 38545 (July 24, 1996).
\17\ See Certain Pasta from Italy: Final Results of the Ninth
Countervailing Duty Administrative Review and Notice of Revocation
of Order, in Part, 71 FR 36318, 36319-36320 (June 26, 2006).
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These cash deposit requirements shall remain in effect until
further notice.
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: February 25, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-04747 Filed 3-3-14; 8:45 am]
BILLING CODE 3510-DS-P