Notice2021-16498
Certain Pasta From Italy: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
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Published
August 3, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on certain pasta (pasta) from Italy, covering the period July 1, 2019, through June 30, 2020. We preliminarily determine that La Molisana S.p.A. (La Molisana) sold pasta from Italy at less than normal value during the period of review (POR), and that Liguori Pastificio dal 1820 S.p.A. (Liguori) and Pastificio Della Forma S.r.l. (Della Forma) did not sell subject merchandise at less than normal value during the POR. Interested parties are invited to comment on these preliminary results.
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<title>Federal Register, Volume 86 Issue 146 (Tuesday, August 3, 2021)</title>
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[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41827-41829]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16498]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Preliminary Results of Antidumping Duty
Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty (AD) order on certain
pasta (pasta) from Italy, covering the period July 1, 2019, through
June 30, 2020. We preliminarily determine that La Molisana S.p.A. (La
Molisana) sold pasta from Italy at less than normal value during the
period of review (POR), and that Liguori Pastificio dal 1820 S.p.A.
(Liguori) and Pastificio Della Forma S.r.l. (Della Forma) did not sell
subject merchandise at less than normal value during the POR.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable August 3, 2021.
FOR FURTHER INFORMATION CONTACT: Jonathan Hall-Eastman and John
Hoffner, 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) 482-1468
and (202) 482-3315, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, Commerce published the AD order in the Federal
Register.\1\ On September 3, 2020, pursuant to section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act), Commerce initiated an
administrative review of the Order covering the following companies:
Agritalia S.r.L., Armonie D'Italia srl, F. Divella S.p.A., La Molisana,
Liguori, Pasta Castiglioni, Pasta Zara, S.p.A, Pastificio Della Forma
S.r.l. (Della Forma), Pastificio C.A.M.S. Srl, and Pastificio Fratelli
De Luca S.r.l, and Rummo S.p.A. (Rummo).\2\ On February 1, 2021,
Commerce rescinded the review of Rummo and its subsidiary Pasta
Castiglioni.\3\ On October 15, 2010, we selected La Molisana and
Liguori for individual examination in this review.\4\ Further, we have
preliminarily collapsed Liguori and Della Forma and have considered
these two companies to constitute a single entity.\5\
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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) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 54983 (September 3, 2020).
\3\ See Certain Pasta from Italy: Notice of Partial Rescission
of Antidumping Duty Administrative Review, 86 FR 7700 (February 1,
2021).
\4\ See Memorandum, ``2019-2020 Antidumping Duty Administrative
Review of Certain Pasta from Italy: Respondent Selection,'' dated
October 15, 2020.
\5\ See Memorandum, ``Preliminary Affiliation and Collapsing
Memorandum for Liguori Pastificio dal 1820 S.p.A. and Pastificio
della Forma S.r.l,'' dated concurrently with this notice.
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On March 2, 2021, Commerce extended the deadline for the
preliminary results to July 30, 2021.\6\ For a complete description of
the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\7\
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\6\ See Memorandum, ``Certain Pasta: Extension of Time Limit for
Preliminary Results of Antidumping Duty Administrative Review; 2019/
2020,'' dated March 2, 2021.
\7\ See Memorandum, ``Issues and Decision Memorandum for the
Preliminary Results of Antidumping Duty Administrative Review:
Certain Pasta from Italy; 2019-2020,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The products covered by this order are certain pasta from Italy.
For a full description of the scope, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. Export price was calculated in accordance with
section 772 of the Act. Normal value was calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying our conclusions, see the 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at <a href="http://enforcement.trade.gov/frn/index.html">http://enforcement.trade.gov/frn/index.html</a>. A
list of topics discussed in the Preliminary Decision Memorandum is
attached as an appendix to this notice.
Rate for Non-Selected Companies
The statute and Commerce's regulations do not address the
determination of a weighted-average dumping margin for individual
companies not selected for individual examination when Commerce limits
its examination in an administrative review pursuant to section
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5)
of the Act, which provides instructions for calculating the all-others
rate in an investigation, for guidance when determining the weighted-
average dumping margin for companies which we did not examine in an
administrative review. Section 735(c)(5)(A) of the Act establishes a
preference to avoid using rates which are zero, de minimis, or based
entirely on facts available in calculating an all-others rate.
Accordingly, Commerce's practice in an administrative review has been
to average the weighted-average dumping margins for the companies
selected for individual examination in the administrative review,
excluding rates that are zero, de minimis, or based entirely on facts
available.\8\ For the preliminary results of this review, we calculated
a weighted-average dumping margin for La Molisana that is not zero, de
minimis or based entirely on facts available, while we have calculated
a weighted-average dumping margin for Liguori/Della Forma that is de
minimis. Therefore, consistent with our practice, we have determined
the weighted-average dumping margin for the companies not selected for
individual examination that is equal to the
[[Page 41828]]
weighted-average dumping margin calculated for La Molisana.
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\8\ See, e.g., Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews and Rescission of Reviews in
Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying
Issues and Decision Memorandum at Comment 16.
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Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins exist for the POR:
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\9\ Though there was no request for review of Ghigi 1870 S.p.A.,
Commerce previously collapsed Ghigi 1870 S, p, A, and Pasta Zara
S.p.A. See Certain Pasta from Italy: Preliminary Results of
Antidumping Duty Administrative Review; 2015-2016, 82 FR 36126
(August 3, 2017), and accompanying Preliminary Decision Memorandum
at 5; unchanged in Certain Pasta from Italy: Final Results of
Antidumping Duty Administrative Review; 2015-2016, 82 FR 5742
(December 5, 2017).
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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La Molisana S.p.A........................................... 1.61
Liguori Pastificio dal 1820 S.p.A. and Pastificio Della 0.00
Forma S.r.l................................................
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Review-Specific Average Rate Applicable to the Following Companies
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Agritalia S.r.L............................................. 1.61
Armonie D'Italia srl........................................ 1.61
F. Divella S.p.A............................................ 1.61
Pasta Zara, S.p.A./Ghigi 1870 S.p.A.\9\..................... 1.61
Pastificio C.A.M.S. Srl..................................... 1.61
Pastificio Fratelli De Luca S.r.l........................... 1.61
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review. If a mandatory respondent's weighted-average dumping
margin is not zero or de minimis in the final results of this review,
we will calculate importer-specific assessment rates based on the ratio
of the total amount of dumping calculated for each importer's examined
sales and the total entered value of those sales in accordance with 19
CFR 351.212(b)(1).\10\ If a respondent's weighted-average dumping
margin or an importer-specific assessment rate is zero or de minimis in
the final results of review, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\10\ In these preliminary results, Commerce 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).
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In accordance with Commerce's reseller policy, for entries of
subject merchandise during the POR produced or exported by produced by
La Molisana or Liguori/Della Forma which did not know that its
merchandise was destined for the United States, we will instruct CBP to
liquidate entries not reviewed at the all-others rate of 15.45 percent,
the all-others rate established in the less-than-fair-value (LTFV)
investigation as modified by the section 129 determination.\11\
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\11\ 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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For the companies which were not individually examined, we will
instruct CBP to assess antidumping duties at a rate that is equal to
the company-specific weighted-average dumping margin determined in the
final results of review.
The final results of this administrative review shall be the basis
for the assessment of antidumping duties on entries of merchandise
under review and for future deposits of estimated duties, where
applicable.
We intend to issue liquidation instructions to CBP no earlier than
35 days after date of publication of the final results of this review
in the Federal Register. If a timely summons is filed at the U.S. Court
of International Trade, the assessment instructions will direct CBP not
to liquidate relevant entries until the time for parties to file a
request for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The cash deposit rate for companies subject to this review will be
as follows: (1) For the companies listed above in the final results of
review, the cash deposit rate will be equal to the weighted-average
dumping margin established in the final results of the review; (2) for
merchandise exported by a company not covered in this review but
covered in a prior completed segment of this proceeding, then the cash
deposit rate will continue to be the company-specific rate published
for the most recent period; (3) if the exporter is not a firm covered
in this review, a prior completed review, or the LTFV investigation but
the producer is, then the cash deposit rate will be the company-
specific rate established for the most recently completed segment for
the producer of the merchandise; (4) the cash deposit rate for all
other producers and exporters will continue to be the 15.45 percent,
the all-others rate established in the section 129 review subsequent to
the LTFV investigation.\12\
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\12\ Id.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Disclosure
We intend to disclose the calculations performed in these
preliminary results to parties in this proceeding within five days of
the date of publication of this notice.\13\
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\13\ See 19 CFR 351.224(b).
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Public Comment
Pursuant to 19 CFR 351.309(c)(1)(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 seven days after the date for filing
case briefs.\14\ Parties who submit case briefs or rebuttal briefs in
this proceeding are requested to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\15\
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\14\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(March 26, 2020); and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (collectively, Temporary Rule).
\15\ 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, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, within 30 days after the date of
publication of this notice. 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. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location hearing two days before the scheduled date.
All briefs must be filed electronically using ACCESS.\16\ An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m.
Eastern Time on the date that the submission is due. Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information, until further
notice.\17\
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\16\ See generally 19 CFR 351.303.
\17\ See Temporary Rule.
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Final Results of Review
We intend to issue the final results of this administrative review,
including
[[Page 41829]]
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.
Notification to Importers
This notice also 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 period.
Failure to comply with this requirement could result in Commerce'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: July 28, 2021.
Christian Marsh,
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. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2021-16498 Filed 8-2-21; 8:45 am]
BILLING CODE 3510-DS-P
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