[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Notices]
[Pages 50618-50620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20153]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-819]
Certain Pasta From Italy: Preliminary Results and Partial
Rescission of Countervailing Duty Administrative Review; 2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the countervailing duty (CVD) order on certain
pasta (pasta) from Italy. The period of review (POR) is January 1,
2012, through December 31, 2012. This review covers two exporters/
producers of the subject merchandise, DeMatteis Agroalimentare S.p.A.
(DeMatteis) (also known as, ``DeMatteis Agroalimentare SpA'') and
Fratelli DeCecco di Filippo Fara San Martino S.p.A. (DeCecco) (also
known as ``F.lli De Cecco di Filippo Fara San Martino S.p.A.''), as
mandatory company-respondents. We preliminarily find that DeMatteis
received countervailable subsidies during the POR, and that DeCecco
received de minimis countervailable subsidies during the POR. The
Department is also rescinding the review of one company, Delverde
Industrie Alimentari S.p.A., which timely withdrew its request for
review. Interested parties are invited to comment on these preliminary
results.
DATES: Effective Date: August 25, 2014.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Joshua Morris, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6478 or (202) 482-1779, respectively.
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 subject to the order 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 Ronald
K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, dated August 18, 2014 (Preliminary Decision Memorandum),
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 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://trade.gov/enforcement/. The signed and
electronic versions of the Preliminary Decision Memorandum are
identical in content. A list of topics discussed in the Preliminary
Decision Memorandum is provided in the Appendix to this notice.
Partial Rescission of the 2012 Administrative Review
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 notice of
initiation of the instant review was published on August 28, 2013.\1\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
53128, 53130-31 (August 28, 2013).
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On December 11, 2013, Delverde Industrie Alimentari S.p.A.
(Delverde) timely withdrew its request for review of itself.\2\ Because
no other interested party requested a review of Delverde, we are
rescinding the review with respect to Delverde in accordance with 19
CFR 351.213(d)(1).
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\2\ As explained in the Preliminary Decision Memorandum, all
deadlines in this administrative review were tolled by 16 days.
Therefore, the deadline to withdraw review requests was December 12,
2013.
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Methodology
The Department is conducting this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). A full
description of the methodology underlying our conclusions is presented
in the Preliminary Decision Memorandum.
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 did not act to the best of its ability to
respond to the Department's requests for information regarding certain
programs.\3\ For further discussion, see Preliminary Decision
Memorandum at ``Use of Facts Otherwise Available and Adverse
Inferences.''
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\3\ See sections 776(a) and (b) of the Act.
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Finally, the Department was not able to make a preliminary
determination concerning countervailability for certain programs
because it requires additional
[[Page 50619]]
information. See Preliminary Decision Memorandum at ``Analysis of
Programs--B. Programs For Which More Information Is Required.'' We
intend to seek that information prior to our final results and to issue
post-preliminary analysis once we have an opportunity to review that
information.
Preliminary Results of the Review
In accordance with section 751(a) of the Act and 19 CFR
351.221(b)(4)(i), we calculated individual subsidy rates for the
mandatory respondents, DeCecco and DeMatteis.
Three respondents were not selected for individual review: Ghigi
Industria Agroalimentare in San Clemente srl, Pasta Granoro S.r.L.
(also known as, ``Pastifico Attilio Mastromauro Granoro S.r.L''), and
Valdigrano di Flavio Pagani S.r.L. For those non-selected respondents,
we applied a subsidy rate based on an average of the subsidy rates
calculated for those companies selected for individual review (i.e.,
the mandatory respondents), excluding zero and de minimis rates and
rates based entirely on facts available.\4\ Therefore, we preliminarily
assigned to these companies the CVD rate calculated for DeMatteis
because DeCecco received de minimis countervailable subsidies.
Consistent with past practice, we did not calculate an individual rate
for Agritalia S.r.L. (Agritalia) because a review was not requested for
Agritalia. Thus, Agritalia's most recent export-specific rate remains
in effect.\5\ Agritalia was only asked to participate in this review
because of the possible effect of subsidies it received on DeMatteis.
Consistent with our past practice in this proceeding, we preliminarily
find that Agritalia did not receive any subsidies which affected
DeMatteis' rate. However, we intend to reexamine this approach before
the final determination in this review and, therefore, we invite
parties to comment on the treatment of subsidies to Agritalia in
connection with the calculation of DeMatteis' rate in this
administrative review. Comments regarding this issue are due no later
than 14 days after the publication of this notice.
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\4\ See, e.g., Certain Pasta From Italy: Preliminary Results of
the 13th (2008) Countervailing Duty Administrative Review, 75 FR
18806, 18811 (April 13, 2010), unchanged in Certain Pasta from
Italy: Final Results of the 13th (2008) Countervailing Duty
Administrative Review, 75 FR 37386 (June 29, 2010).
\5\ See, e.g., Certain Pasta from Italy: Preliminary Results of
the Tenth Countervailing Duty Administrative Review, 72 FR 43616,
43622 (August 2, 2007), unchanged in Certain Pasta From Italy: Final
Results of the Tenth (2005) Countervailing Duty Administrative
Review, 73 FR 7251-7252 (February 7, 2008). Agritalia is a trading
company through which some of DeMatteis' subject merchandise was
sold to the United States during the POR. It is not affiliated with
DeMatteis.
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We preliminarily find the net subsidy rate for the producers/
exporters under review to be as follows:
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Net subsidy
Producer/Exporter rate
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DeMatteis Agroalimentare S.p.A. (also known as, ``De 0.96
Matteis Agroalimentare SpA'')..........................
Fratelli DeCecco di Filippo Fara San Martino S.p.A. *0.18
(also known as, ``F.lli De Cecco di Filippo Fara San
Martino S.p.A.'')......................................
Ghigi Industria Agroalimentare in San Clemente srl...... 0.96
Pasta Granoro S.r.L. (also known as, ``Pastifico Attilio 0.96
Mastromauro Granoro S.r.L'')...........................
Valdigrano di Flavio Pagani S.r.L....................... 0.96
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*de minimis.
Disclosure and Public Comment
The Department will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within 10
days of the date of public announcement of these preliminary
results.\6\ Due to the anticipated timing of the release of post-
preliminary analysis memoranda, interested parties may submit written
comments (case briefs) for this administrative review no later than one
week after the issuance of the last post-preliminary analysis
memorandum, and rebuttal comments (rebuttal briefs) within five days
after the time limit for filing case briefs.\7\ Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be limited to issues raised in the
case briefs. Parties who submit arguments are requested to submit with
the argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
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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
within 30 days after the date of publication of this notice.\8\
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.\9\
Parties should confirm by telephone the date, time, and location of the
hearing.
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\8\ See 19 CFR 351.310(c).
\9\ See 19 CFR 351.310.
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Parties are reminded that briefs and hearing requests are to be
filed electronically using IA ACCESS and that electronically filed
documents must be received successfully in their entirety by 5 p.m.
Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, the Department intends to 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.
Assessment Rates
For the rescinded company, CVDs shall be assessed at rates equal to
the cash deposit of estimated CVDs required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2012, through December 31, 2012, in accordance with 19 CFR
351.212(c)(1)(i). The Department intends to issue appropriate
assessment instructions directly to U.S. Customs and Border Protection
(CBP) 15 days after publication of this notice.
For the other reviewed companies, consistent with section 751(a)(1)
of the Act, upon issuance of the final results, the Department shall
determine, and CBP shall assess, CVDs on all appropriate entries
covered by this review. We intend to issue instructions to CBP 15 days
after publication of the final results of this review.
Cash Deposit Requirements
Also in accordance with section 751(a)(1) of the Act, the
Department intends to instruct CBP to collect cash deposits of
estimated CVDs in amounts shown above for each of the respective
companies should the final results
[[Page 50620]]
remain the same as these preliminary results. For all non-reviewed
firms, we will instruct CBP to continue to collect cash deposits 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.
These preliminary results of administrative review and notice are
issued and published in accordance with sections 751(a)(1) and 777(i)
of the Act and 19 CFR 351.213 and 351.221(b)(4).
Dated: August 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2014-20153 Filed 8-22-14; 8:45 am]
BILLING CODE 3510-DS-P