[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39685-39687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17047]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Preliminary Results of Antidumping Duty
Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
Ghigi 1870 S.p.A. (previously known as Ghigi lndustria Agroalimentare
Srl) (Ghigi) and Pasta Zara S.p.A. (Pasta Zara) (collectively Ghigi/
Zara) made sales of subject merchandise at less than normal value
during the period of review (POR) and that Industria Alimentare
Colavita S.p.A. (Indalco) did not. We invite interested parties to
comment on these preliminary results.
DATES: Effective Applicable August 10, 2018.
FOR FURTHER INFORMATION CONTACT: Joy Zhang or George McMahon, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1168 or (202) 482-1167,
respectively.
Background
Commerce is conducting an administrative review of the antidumping
duty order on certain pasta (pasta) from Italy. The period of review
(POR) is July 1, 2016, through June 30, 2017.
Scope of the Order
The merchandise subject to the Order \1\ is certain pasta from
Italy and 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 Preliminary Decision Memorandum.\2\
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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) (AD Order).
\2\ See the ``Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Certain Pasta from Italy;
2016-2017,'' dated concurrently and hereby adopted by this notice
(Preliminary Decision Memorandum).
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Methodology
Commerce is conducting 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. 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 (ACCESS).
ACCESS is available to registered users at http://access.trade.gov and
is available to all parties in the Central Records Unit, Room B-8024 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision memorandum can be accessed directly
at http://enforcement.trade.gov/frn/index.html. A list of the topics
discussed in the Preliminary Decision Memorandum is attached as an
Appendix to this notice.
Preliminary Results of the Review
As a result of this review, we calculated a weighted-average
dumping margin of 5.97 percent for Ghigi/Zara and a de minimis margin
for Indalco for the period July 1, 2016, through June 30, 2017.
Therefore, in accordance with section 735(c)(5)(A) of the Act, we
assigned the weighted-average dumping margin of 5.97 percent calculated
for Ghigi/Zara to the seven non-selected companies in these preliminary
results, as referenced below.
[[Page 39686]]
------------------------------------------------------------------------
Weighted-
average
Producer and/or exporter dumping margin
(percent)
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Ghigi 1870 S.p.A. and Pasta Zara S.p.A. (Zara) 5.97
(collectively Ghigi/Zara) \3\..........................
Industria Alimentare Colavita S.p.A. (Indalco).......... 0.00
Agritalia S.r.L. (Agritalia)............................ 5.97
Alessio, Panarese Soceieta Agricola (Alessio)........... 5.97
Antico Pastificio Morelli 1860 S.r.l. (Antico).......... 5.97
Colussi SpA (Colussi)................................... 5.97
Liguori Pastificio dal 1820 S.p.A. (Liguori)............ 5.97
Pastificio Menucci SpA (Menucci)........................ 5.97
Tesa SrL (Tesa)......................................... 5.97
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Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the
preliminary results.\4\
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\3\ See Certain Pasta from Italy: Final Results of Antidumping
Duty Administrative Review; 2015-2016, 82 FR 57428, December 5,
2017, and the accompanying Issues and Decision Memorandum at comment
3.
\4\ See 19 CFR 351.224(b).
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Public Comment
Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit
case 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 no later than five days after the date for filing
case briefs.\5\ Parties who submit case briefs or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\6\
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\5\ See 19 CFR 351.309(d).
\6\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
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Pursuant to 19 CFR 351.310(c), 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. All documents must be filed electronically using ACCESS,
which is available to registered users at http://acess.trade.gov. An
electronically filed request must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the
date of publication of this notice.\7\ Requests should contain: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
and rebuttal briefs.
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\7\ See 19 CFR 351.310(c).
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We intend to issue the final results of this administrative review,
including the results of our analysis of the issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rate
Upon issuance of the final results, Commerce 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 Ghigi/Zara or Indalco is above de
minimis (i.e., more than 0.5 percent) in the final results of this
review, we will calculate importer-specific assessment rates on the
basis of the ratio of the total amount of antidumping duties calculated
for each importer's examined sales and the total entered value of sales
in accordance with 19 CFR 351.212(b)(1).\8\ If the weighted-average
dumping margin for Ghigi/Zara or Indalco is zero or de minimis in the
final results of review, we will instruct CBP not to assess duties on
any of their entries in accordance with the Final Modification for
Reviews.\9\
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\8\ In these preliminary results, we applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and Assessment Rate in
Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for Reviews).
\9\ See Final Modification for Reviews, 77 FR at 8102.
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For entries of subject merchandise during the POR produced by each
respondent for which they did not know that their merchandise was
destined for the United States, 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.
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 pasta from Italy 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 producers 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 producer is, the
cash deposit rate will be the rate established for the most recently
completed segment of this proceeding for the producer of the subject
merchandise; and (4) the cash deposit rate for all other producers 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.\10\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\10\ 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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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 and/or countervailing duties
prior to liquidation of the relevant entries during this review
[[Page 39687]]
period. Failure to comply with this requirement could result in the
Secretary's presumption that reimbursement of antidumping and/or
countervailing duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1).
Dated: August 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations performing the duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
A. Comparisons to Normal Value
1. Determination of Comparison Method
2. Results of the Differential Pricing (DP) Analysis
B. Product Comparisons
C. Date of Sale
D. Export Price/Constructed Export Price
E. Normal Value
1. Home Market Viability
2. Affiliated Party Transactions and the Arm's-Length Test
3. Cost of Production
a. Calculation of Cost of Production
b. Test of Comparison Market Prices
c. Results of the COP Test
F. Level of Trade
G. Calculation of Normal Value Based on Comparison Market Prices
H. Calculation of Normal Value Based on Constructed Value
I. Margins for Companies Not Selected for Individual Examination
J. Currency Conversion
V. Recommendation
[FR Doc. 2018-17047 Filed 8-9-18; 8:45 am]
BILLING CODE 3510-DS-P