[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Notices]
[Pages 50614-50616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20152]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (the Department) is conducting an administrative
review of the antidumping duty order on certain
[[Page 50615]]
pasta (pasta) from Italy,\1\ covering the period July 1, 2012, through
June 30, 2013. The review covers 10 companies, two of which are
mandatory respondents: Rummo S.p.A. Molino e Pastificio and its two
affiliates (Rummo S.p.A., Lenta Lavorazione, and Pasta Castiglioni)
(collectively, the Rummo Group), and Molino e Pastificio Tomasello
S.p.A. (Tomasello). The remaining eight companies were not selected for
individual examination.\2\ We preliminarily determine that the Rummo
Group made sales of subject merchandise at less than normal value
during the period of review (POR), and that Tomasello did not.
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\1\ See Notice of Antidumping Duty Order and Amended Final
Determination of Sales at Less Than Fair Value: Certain Pasta From
Italy, 61 FR 38547 (July 24, 1996).
\2\ The eight companies are: Alica srl (Alica); Dalla Costa
Alimentare srl; Delverde Industrie Alimentari S.p.A.; Ghigi
Industria Agroalimentare in San Clemente srl; Pasta Lensi S.r.l
(Lensi); Pasta Zara S.p.A.; Pastificio Toscano srl; Valdigrano di
Flavio Pagani S.r.L.
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In addition, as noted below, we are rescinding the review of Alica
and Lensi. Interested parties are invited to comment on these
preliminary results.
DATES: Effective Date: August 25, 2014.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Tomasello) or Cindy
Robinson (the Rummo Group), AD/CVD Operations, Office III, Enforcement
and Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-3692 or (202) 482-3797, respectively.
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\
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\3\ For a full description of the scope of the order, see the
``Decision Memorandum for the Preliminary Results of Antidumping
Duty Administrative Review and Partial Rescission: Certain Pasta
from Italy; 2012-2013'' from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, dated concurrently with this notice (Preliminary
Decision Memorandum).
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Partial Rescission of the 2012-2013 Administrative Review
On November 26, 2013, and December 10, 2013, respectively, Lensi
and Alica timely withdrew their requests for the 2012-2013
administrative review.\4\ In accordance with 19 CFR 351.213(d)(1),\5\
and consistent with our practice,\6\ we are rescinding this review with
respect to Alica and Lensi.
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\4\ See Lensi's letter dated November 26, 2013, and Alica's
letter dated December 10, 2013.
\5\ In accordance with 19 CFR 351.213(d)(1), the Department will
rescind an administrative review ``if a party that requested the
review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review.'' The
instant review was initiated on August 28, 2013. Therefore, the
deadline to withdraw review requests, which included 16 days for the
tolling of all deadlines by reason of the government shutdown, was
December 12, 2013. See Memorandum for the Record from Paul Piquado,
Assistant Secretary for Enforcement and Compliance, regarding
``Deadlines Affected by the Shutdown of the Federal Government''
(October 18, 2013). Thus, Alica's and Lensi's withdrawal requests
are timely.
\6\ See, e.g., Brass Sheet and Strip from Germany: Notice of
Rescission of Antidumping Duty Administrative Review, 73 FR 49170
(August 20, 2008); see also Certain Lined Paper Products from India:
Notice of Partial Rescission of Antidumping Duty Administrative
Review and Extension of Time Limit for the Preliminary Results of
Antidumping Duty Administrative Review, 74 FR 21781 (May 11, 2009).
SUPPLEMENTARY INFORMATION:
Methodology
The Department conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed
export price or export price is calculated in accordance with section
772 of the Act. Normal Value is calculated in accordance with section
773 of the Act. For a full description of the methodology underlying
our preliminary results, see Preliminary Decision Memorandum dated
concurrently with this notice and hereby adopted by this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
IA ACCESS is available to registered users at http://iaaccess.trade.gov, and is available to all parties in the Central
Records Unit, 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://enforcement.trade.gov/frn. The signed Preliminary Decision Memorandum and the electronic
version of the Preliminary Decision Memorandum are identical in
content.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period July 1, 2012,
through June 30, 2013:
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Weighted- average dumping
Producer and/or exporter \7\ margin (percent)
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Rummo S.p.A. Molino e Pastificio, Rummo 8.33.
S.p.A., Lenta Lavorazione, and Pasta
Castiglioni (collectively the Rummo
Group).
Molino e Pastificio Tomasello S.p.A...... de minimis.
Dalla Costa Alimentare srl............... 8.33.
Delverde Industrie Alimentari S.p.A...... 8.33.
Ghigi Industria Agroalimentare in San 8.33.
Clemente srl.
Valdigrano di Flavio Pagani S.r.L........ 8.33.
Pasta Zara S.p.A......................... 8.33.
Pastificio Toscano srl................... 8.33.
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\7\ The margin for the non-selected companies was based on the
calculated weighted-average margin of the Rummo Group (the sole
mandatory respondent receiving an above de minimis margin in theses
preliminary results). For further discussion, see the Preliminary
Decision Memorandum at 12.
Assessment Rate
Upon issuance of the final results, the Department shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. If the
weighted-average dumping margin for Tomasello or Rummo is not zero or
de minimis (i.e., less than 0.5 percent), we will calculate importer-
specific ad valorem antidumping 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). We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate calculated in the final
results of this review is not zero or de minimis. 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. The final results of this review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by the final results of this review where applicable.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise
[[Page 50616]]
during the POR produced by each respondent for which they did not know
that their merchandise was destined for the United States. In such
instances, 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. 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 instructions 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
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.\8\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\8\ See Implementation of the Findings of the WTO Panel in US--
Zeroing (EC): Notice of Determinations Under Section 129 of the
Uruguay Round Agreements Act and Revocations and Partial Revocations
of Certain Antidumping Duty Orders, 72 FR 25261 (May 4, 2007).
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Disclosure and Public Comment
The Department will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\9\
Pursuant to 19 CFR 351.309(c), interested parties may submit cases
briefs not later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\10\ Parties who submit comments are requested to submit: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities. All briefs must be filed electronically using IA
ACCESS. An electronically filed document must be received successfully
in its entirety by the Department's electronic records system, IA
ACCESS.
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(d).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
using Enforcement and Compliance's IA ACCESS system within 30 days of
publication of this notice.\11\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. If a request for a hearing is made,
we will inform parties of the scheduled date for the hearing which will
be held at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, at a time and location
to be determined.\12\ Parties should confirm by telephone the date,
time, and location of the hearing.
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\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section
751(a)(2)(B)(iv) 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 case briefs,
within 120 days after issuance of these preliminary results.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and increase the
subsequent assessment of the antidumping duties by the amount of
antidumping duties reimbursed.
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Discussion of Methodology
[FR Doc. 2014-20152 Filed 8-22-14; 8:45 am]
BILLING CODE 3510-DS-P