Notice2022-16524
Certain Pasta From Italy: Preliminary Results of Antidumping Duty Administrative Review and Partial Recission of Review; 2020-2021
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 2, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain pasta (pasta) from Italy was sold in the United States at less than normal value (NV) during the period of review (POR), July 1, 2020, through June 30, 2021. Further, Commerce is rescinding this review for fifteen of the companies for which this review was initiated. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 147 (Tuesday, August 2, 2022)</title>
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[Federal Register Volume 87, Number 147 (Tuesday, August 2, 2022)]
[Notices]
[Pages 47185-47187]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16524]
[[Page 47185]]
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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 Recission of Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain pasta (pasta) from Italy was sold in the United
States at less than normal value (NV) during the period of review
(POR), July 1, 2020, through June 30, 2021. Further, Commerce is
rescinding this review for fifteen of the companies for which this
review was initiated. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable August 2, 2022.
FOR FURTHER INFORMATION CONTACT: Jonathan Hall-Eastman, 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.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, Commerce published the antidumping duty order on
pasta from Italy in the Federal Register.\1\ On July 1, 2021, Commerce
published a notice of opportunity to request an administrative review
of the Order.\2\ On September 7, 2021, based on timely requests for an
administrative review, Commerce initiated an administrative review of
the Order covering the following sixteen companies: Aldino S.R.L.,
Armonie D'Italia srl., Pastificio Di Martino Gaetano e Flli S.p.A. (Di
Martino), F. Divella S.p.A., Falco Molino e Pastificio srl., La
Molisana S.p.A., Pasta Casiglioni, Pastificio C.A.M.S. Srl., Pastificio
Della Forma S.R.L., Pastificio Favellato srl., Pastificio Fratelli De
Luca S.R.L., Liguori Pastificio dal 1820 S.p.A., Pastificio
Mediterranea S.R.L., Pastificio Tamma S.R.L., Rummo S.p.A., and
Valdigrano di Flavio Pagani S.R.L.\3\ Because the review requests for
all companies except for Di Martino were timely withdrawn, on December
13, 2022, we selected Di Martino for individual examination as the sole
mandatory respondent.\4\ Further, we have preliminarily collapsed Di
Martino and its affiliate Pastificio dei Campi (Dei Campi) and have
treated these two companies as 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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 86 FR 35065 (July 1, 2021).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034 (September 7, 2021).
\4\ See Memorandum, ``2020-2021 Antidumping Duty Administrative
Review of Certain Pasta from Italy: Selection of New Respondent,''
dated December 13, 2021
\5\ See Memorandum, ``Preliminary Affiliation and Collapsing
Memorandum for Pastificio Di Martino and Pastificio Dei Campi,''
dated concurrently with this notice.
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On March 3, 2022, Commerce extended the deadline for these
preliminary results to July 29, 2022.\6\ For a complete description of
the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\7\ The Preliminary Decision Memorandum
is a public document and is on file electronically via the 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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\6\ See Memorandum, ``Certain Pasta from Italy: Extension of
Deadline for Preliminary Results of Antidumping Duty Administrative
Review,'' dated March 3, 2022.
\7\ See Memorandum, ``Certain Pasta from Italy: Decision
Memorandum for the Preliminary Results of Antidumping Duty
Administrative Review; 2020-2021,'' 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 Tariff Act of 1930, as amended (the Act). Export
price and constructed export price were calculated in accordance with
sections 772(a) and (b) of the Act, respectively. NV was calculated in
accordance with section 773 of the Act. For a full description of the
methodology underlying these preliminary results, see the Preliminary
Decision Memorandum. A list of topics discussed in the Preliminary
Decision Memorandum is included as Appendix I to this notice.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
the review withdraws its request within 90 days of the publication of
the notice of initiation of the requested review. Because all requests
for administrative review of the 15 companies listed in Appendix II
were timely withdrawn, and no other party requested a review of these
companies, Commerce is rescinding this review, in part, with respect to
these companies, in accordance with 19 CFR 351.213(d)(1).
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the POR:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Pastificio Di Martino Gaetano e Flli S.p.A. and Pastificio 6.60
dei Campi S.p.A.\8\........................................
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Disclosure
Commerce intends to disclose under Administrative Protective Order
the calculations performed in connection with these preliminary results
to interested parties in this preliminary determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b).
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\8\ Commerce preliminarily determines that Di Martino and Dei
Campi are a single entity. See Preliminary Decision Memorandum.
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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.\9\ Parties who submit case or rebuttal briefs in this
proceeding are requested to submit with each argument: (1) a statement
of the issue;
[[Page 47186]]
(2) a brief summary of the argument; and (3) a table of
authorities.\10\
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\9\ 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).
\10\ See 19 CFR 351.309(c)(2) and (d)(2); see also 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, filed electronically via ACCESS, 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 submissions must be filed electronically using ACCESS.\11\ An
electronically filed document must be received successfully in its
entirety via 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.\12\
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\11\ See generally 19 CFR 351.303.
\12\ See Temporary Rule.
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Final Results of Review
Unless extended, 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 these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment of Antidumping Duties
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. Commerce
intends to issue assessment instructions to CBP for the rescinded
companies no earlier than 35 days after the date of publication of the
preliminary results of this administrative 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).
If the weighted-average dumping margin for Di Martino/Dei Campi is
not zero or de minimis (i.e., less than 0.5 percent) in the final
results of this review, we will calculate importer-specific ad valorem
assessment rates for the merchandise based on the ratio of the total
amount of dumping calculated for the examined sales made during the POR
to each importer and the total entered value of those same sales, in
accordance with 19 CFR 351.212(b)(1). Where an importer-specific ad
valorem 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, in accordance with 19 CFR
351.106(c)(2). If Di Martino/Dei Campi's weighted-average dumping
margin is zero or de minimis in the final results of review, we will
instruct CBP not to assess duties on any of its entries in accordance
with the Final Modification for Reviews, i.e., ``{w{time} here the
weighted-average margin of dumping for the exporter is determined to be
zero or de minimis, no antidumping duties will be assessed.'' \13\ For
entries of subject merchandise during the POR produced by Di Martino/
Dei Campi for which the producer did not know its 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 (or companies) involved in the transaction.\14\
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\13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
\14\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies for which we have rescinded this review, Commerce
intends to instruct CBP to assess antidumping duties on all appropriate
entries at a rate equal to the cash deposit rate of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, during the POR, in accordance with 19 CFR
351.212(c)(1)(i).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for Di Martino/Dei
Campi will be equal to the weighted-average dumping margin established
in the final results of this administrative review (unless that rate is
de minimis where the cash deposit rate will be zero percent); (2) for
previously reviewed or investigated companies not listed above, the
cash deposit rate will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which the company participated; (3) if the exporter is not a firm
covered in this review, a prior review, or in the investigation, but
the producer is, then the cash deposit rate will be the rate
established for the most recently completed segment of this proceeding
for the producer of the 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 less-than-fair-value investigation
as modified by the section 129 determination.\15\
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\15\ 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, 25263 (May 4,
2007).
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
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 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 preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Dated: July 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Partial Rescission of Review
[[Page 47187]]
VI. Discussion of the Methodology
VII. Recommendation
Appendix II
Companies Rescinded From Review
1. Aldino S.r.l.
2. Armonie D'Italia srl
3. F. Divella S.p.A.
4. Falco Molino e Pastificio srl
5. La Molisana SpA
6. Pasta Castiglioni
7. Pastificio C.A.M.S. Srl
8. Pastificio Della Forma S.r.l.
9. Pastificio Favellato srl
10. Pastificio Fratelli De Luca S.r.l.
11. Pastificio Liguori dal 1870 SpA
12. Pastificio Mediterranea S.R.L.
13. Pastificio Tamma S.r.l.
14. Rummo S.p.A.
15. Valdigrano di Flavio Pagani S.r.L
[FR Doc. 2022-16524 Filed 8-1-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 2, 2022.
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