Notice2023-15123
Certain Pasta from Italy: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 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
July 18, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to certain producers and exporters of certain pasta (pasta) from Italy during the period of review (POR) January 1, 2021, through December 31, 2021. Additionally, Commerce is rescinding the review with respect to two companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 136 (Tuesday, July 18, 2023)</title>
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[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Notices]
[Pages 45886-45888]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15123]
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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; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to certain
producers and exporters of certain pasta (pasta) from Italy during the
period of review (POR) January 1, 2021, through December 31, 2021.
Additionally, Commerce is rescinding the review with respect to two
companies. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable July 18, 2023.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1395.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1998, Commerce published in the Federal Register the
countervailing duty order on pasta from Italy.\1\ On September 6, 2022,
Commerce published in the Federal Register the
[[Page 45887]]
notice of initiation of an administrative review of the Order.\2\ We
initiated an administrative review of four producers/exporters of pasta
from Italy for the POR. On March 22, 2023, Commerce extended the
deadline for the preliminary results of this administrative review to
no later than July 11, 2023.\3\
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\1\ See Notice of Countervailing Duty Order and Amended Final
Affirmative Countervailing Duty Determination: Certain Pasta from
Italy, 61 FR 38544 (July 24, 1996) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54463, 54473 (September 6, 2022).
\3\ See Memorandum, `` Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated March
22, 2023.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included as the appendix to 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 (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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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Countervailing Duty Administrative Review: Certain Pasta
from Italy,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by this Order is pasta from Italy. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.\5\
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\5\ Id.
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Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received timely-filed
withdrawal requests with respect to: (1) Pastificio Mediterranea
S.R.L.; \6\ and (2) Pastificio Favellato Srl.\7\ Because the withdrawal
requests were timely filed, and no other parties requested a review of
these companies, in accordance with 19 CFR 351.213(d)(1), Commerce is
rescinding this review of the Order with respect to these two
companies.
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\6\ See Pastificio Mediterranea S.R.L.'s letter, ``Withdrawal of
Request for Administrative Review on Behalf of Pastificio
Mediterranea S.R.L,'' dated October 31, 2022.
\7\ See Pastificio Favetello Srl's letter, ``Withdraw Request
for Administrative Review,'' dated November 2, 2022.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found to be countervailable, we preliminarily
determine that there is a subsidy, i.e., a government-provided
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific.\8\ For a full description of the
methodology, see the Preliminary Decision Memorandum.
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\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Preliminary Results of Review
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist for the period January 1, 2021,
through December 31, 2021:
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Subsidy rate
Company (percent ad
valorem)
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Pastificio Gentile S.R.L................................ 1.79
Sgambaro SpA............................................ 1.79
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Preliminary Rate for Non-Selected Companies Under Review
There is one company for which a review was requested and not
rescinded, and which was not selected as a mandatory respondent or
found to be cross-owned with a mandatory respondent. The statute and
Commerce's regulations do not directly address the establishment of
rates to be applied to companies not selected for individual
examination where Commerce limits its examination in an administrative
review pursuant to section 777A(e)(2) of the Act. However, Commerce
normally determines the rates for non-selected companies in reviews in
a manner that is consistent with section 705(c)(5) of the Act, which
provides the basis for calculating the all-others rate in an
investigation.
Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general
rule, to calculate an all-others rate equal to the weighted average of
the countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any rates that are zero, de
minimis, or based entirely on facts available. In this review, the
preliminary rate calculated for Pastificio Gentile S.r.l. (Gentile),
the sole mandatory respondent, was not zero, de minimis, or based
entirely on facts available. Therefore, for the company for which a
review was requested that was not selected as a mandatory company
respondent, and for which Commerce did not receive a timely request for
withdrawal of review, we are applying to the non-selected company the
net subsidy rate calculated for Gentile.
Cash Deposit Requirements
Pursuant to section 751(a)(1) of the Act, Commerce intends, upon
publication of the final results, to instruct U.S. Customs and Border
Protection (CBP) to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the respondents listed above on
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review. If the rate calculated in the
final results is zero or de minimis, no cash deposit will be required
on shipments of the subject merchandise entered or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review.
For all non-reviewed firms, CBP will continue to collect cash
deposits of estimated countervailing duties at the all-others rate or
the most recent company-specific rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Consistent with section 751(a)(1) of the Act and
19 CFR 351.212(b)(2), upon issuance of the final results, Commerce
shall determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review. We intend 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).
For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess countervailing
duties on
[[Page 45888]]
all appropriate entries at a rate equal to the cash deposit of
estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2021, through December 31, 2021, in accordance with 19 CFR
351.212(c)(l)(i).
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon for the final results of review.
Disclosure
Commerce intends to disclose its calculations and analysis
performed in reaching the preliminary results within five days of
publication of these preliminary results, in accordance with 19 CFR
351.224(b).\9\
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\9\ See 19 CFR 351.224(b).
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Public Comment
Case briefs or other written documents may be submitted to the
Assistant Secretary for Enforcement and Compliance.\10\ A timeline for
the submission of case and rebuttal briefs and written comments will be
provided to interested parties at a later date.
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\10\ See 19 CFR 351.309(c)-(d).
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Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit
case or rebuttal briefs in this administrative review 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.\11\ All briefs
must be filed electronically using ACCESS. Note that Commerce has
temporarily modified certain of its requirements for service documents
containing business proprietary information, until further notice.\12\
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\11\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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, U.S. Department of Commerce, filed
electronically using ACCESS. An electronically-filed request must be
received successfully, and in its entirety by 5:00 p.m. Eastern Time,
within 30 days after the date of publication of this notice. Hearing
requests should contain the party's name, address, and telephone
number, the number of participants, whether any participant is a
foreign national, and a list of the issues to be discussed. If a
request for a hearing is made, parties will be notified of the date and
time for the hearing to be determined.
Final Results
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of the issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 351.221(b)(4).
Dated: July 11, 2023.
Lisa W. Wang,
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
V. Non-Selected Companies Under Review
V.Partial Rescission of Administrative Review
VI. Use of Facts Otherwise Available and Adverse Inferences
VII.Subsidies Valuation
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2023-15123 Filed 7-17-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 18, 2023.
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