Notice2022-24566
Certain Pasta From Italy: Final Results of Antidumping Duty Administrative 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
November 10, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that sales of certain pasta (pasta) from Italy have been made at less than normal value by Pastificio Di Martino Gaetano e Flli S.p.A./Pastificio dei Campi S.p.A. (Di Martino/Dei Campi) during the period of review (POR) from July 1, 2020, through June 30, 2021.
Full Text
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<title>Federal Register, Volume 87 Issue 217 (Thursday, November 10, 2022)</title>
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[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Pages 67868-67869]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24566]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Final Results of Antidumping Duty
Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
sales of certain pasta (pasta) from Italy have been made at less than
normal value by Pastificio Di Martino Gaetano e Flli S.p.A./Pastificio
dei Campi S.p.A. (Di Martino/Dei Campi) during the period of review
(POR) from July 1, 2020, through June 30, 2021.
DATES: Applicable November 10, 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 August 2, 2022, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ This review covers only one
respondent, Di Martino/Dei Campi. No interested party submitted
comments on the Preliminary Results or requested a hearing in this
administrative review. Accordingly, the final results remain unchanged
from the Preliminary Results. Commerce conducted this review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
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\1\ See Certain Pasta from Italy: Preliminary Results of
Antidumping Duty Administrative Review and Partial Recission of
Review; 2020-2021, 87 FR 47815 (August 2, 2022) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
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Scope of the Order \2\
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\2\ 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); see also Certain Pasta
from Italy: Final Results of Antidumping and Countervailing Duty
Changed Circumstances Reviews, 82 FR 4291 (January 13, 2017).
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Imports covered by the Order are shipments of certain non-egg dry
pasta in packages of five pounds four ounces or less, whether or not
enriched or fortified or containing milk or other optional ingredients
such as chopped vegetables, vegetable purees, milk, gluten, diastasis,
vitamins, coloring and flavorings, and up to two percent egg white. The
pasta covered by the scope of the Order is typically sold in the retail
market, in fiberboard or cardboard cartons, or polyethylene or
polypropylene bags of varying dimensions.
Excluded from the scope of the Order are refrigerated, frozen, or
canned pastas, as well as all forms of egg pasta, with the exception of
non-egg dry pasta containing up to two percent egg white. Multicolored
pasta, imported in kitchen display bottles of decorative glass that are
sealed with cork or paraffin and bound with raffia, is excluded from
the scope of the Order.\3\ Pursuant to Commerce's August 14, 2009,
changed circumstances review, effective July 1, 2008, gluten-free pasta
is also excluded from the scope of the Order.\4\ Effective January 1,
2012, ravioli and tortellini filled with cheese and/or vegetables are
also excluded from the scope of the Order.\5\
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\3\ See Memorandum to Richard Moreland, dated August 25, 1997,
which is on file in the Central Records Unit.
\4\ See Certain Pasta from Italy: Notice of Final Results of
Antidumping Duty Changed Circumstances Review and Revocation, in
Part, 74 FR 41120 (August 14, 2009).
\5\ See Certain Pasta from Italy: Final Results of Antidumping
Duty and Countervailing Duty Changed Circumstances Reviews and
Revocation, in Part, 79 FR 58319, 58320 (September 29, 2014).
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Also excluded are imports of organic pasta from Italy that are
certified by an EU authorized body in accordance with the United States
Department of Agriculture's National Organic Program for organic
products. The organic pasta certification must be retained by exporters
and importers and made available to U.S. Customs and Border Protection
(CBP) or the Department of Commerce upon request.
The merchandise subject to this Order is currently classifiable
under subheadings 1901.90.9095 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.
Final Results of Review
We determine that the following weighted-average dumping margin
exists for the respondent for the POR, July 1, 2020, through June 30,
2021:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Pastificio Di Martino Gaetano e Flli S.p.A. and 6.60
Pastificio dei Campi S.p.A.............................
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Disclosure and Public Comment
Because Commerce received no comments on its Preliminary Results,
we have not modified our analysis, and no decision memorandum
accompanies this Federal Register notice. Consequently, there are no
new calculations to disclose in accordance with 19 CFR 351.224(b) for
these final results.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the
[[Page 67869]]
final results of this review. We will calculate importer-specific
assessment rates on the basis of the ratio of the total amount of
dumping calculated for each importer's examined sales and the total
entered value of the importer's sales in accordance with 19 CFR
351.212(b)(1). Where the respondent's weighted-average dumping margin
is either zero or de minimis within the meaning of 19 CFR 351.106(c),
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.
Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed company did not know
that the merchandise they sold to the intermediary (e.g., a reseller,
trading company, or exporter) 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.\6\
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\6\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the 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 following cash deposit requirements for estimated antidumping
duties will be effective for all shipments of 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 its weighted-average dumping
margin established in the final results of this administrative review
(except if that rate is de minimis, in which situation the cash deposit
rate will be zero); (2) for merchandise exported by a company not
covered in this review but covered in a prior completed segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment for the most recent
period; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation but the producer has been
covered in a prior complete segment of this proceeding, the cash
deposit rate will be the company-specific rate established in the
completed segment for the most recent period for the producer of the
merchandise; (4) the cash deposit rate for all other producers and
exporters will continue to be 15.45 percent, the all-others rate
established in the section 129 determination.\7\
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\7\ 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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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a final 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, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act, and
19 CFR 351.221(b)(5).
Dated: November 4, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-24566 Filed 11-9-22; 8:45 am]
BILLING CODE 3510-DS-P
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