Notice2024-00915
Certain Pasta From Italy: Final Results 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
January 18, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were 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.
Full Text
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<title>Federal Register, Volume 89 Issue 12 (Thursday, January 18, 2024)</title>
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[Federal Register Volume 89, Number 12 (Thursday, January 18, 2024)]
[Notices]
[Pages 3382-3384]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00915]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-819]
Certain Pasta From Italy: Final Results of Countervailing Duty
Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies were provided to certain producers and
exporters of
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certain pasta (pasta) from Italy during the period of review (POR)
January 1, 2021, through December 31, 2021.
DATES: Applicable January 18, 2024.
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 18, 2023, Commerce published the Preliminary Results of
this administrative review in the Federal Register.\1\ This review
covers one mandatory respondent, Pastificio Gentile S.r.l. (Gentile)
and one non-selected company, Sgambaro SpA. (Sgambaro).
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\1\ See Certain Pasta from Italy: Preliminary Results and
Partial Rescission of Countervailing Duty Administrative Review;
2021, 88 FR 45886 (July 18, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
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From October 19 through October 24, 2023, we conducted verification
of Gentile and the Government of Italy's questionnaire responses. On
November 2, 2023, we released the verification reports,\2\ and, on
November 6, 2023, we invited parties to comment on the Preliminary
Results.\3\ For a complete description of the events that occurred
since the Preliminary Results, see the Issues and Decision
Memorandum.\4\
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\2\ See Memorandum, ``Verification of the Questionnaire
Responses of Pastificio Gentile S.r.l.,'' dated November 2, 2023,
and Memorandum, ``Verification of the Questionnaire Responses of the
Government of Italy,'' dated November 2, 2023.
\3\ See Commerce's Letter, ``Briefing Schedule,'' dated November
6, 2023.
\4\ See Memorandum, ``Decision Memorandum for the Final Results
of the Countervailing Duty Administrative Review of Certain Pasta
from Italy; 2021,'' concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>5</SUP>
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\5\ See Notice of Countervailing Duty Order and Amended Final
Affirmative Countervailing Duty Determination: Certain Pasta from
Italy, 61 FR 38544 (July 24, 1996) (Order).
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The product covered by this Order is pasta from Italy. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by the interested parties in case and rebuttal
briefs are addressed in the Issues and Decision Memorandum. A list of
topics discussed in the Issues and Decision Memorandum is provided in
the appendix to this notice. The Issues and Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and CVD 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 Issues and
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on comments received from interested parties and issues
originating from verification, we are applying total adverse facts
available (AFA) to Gentile for the final results of this review. For a
discussion of the issues, see the Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found countervailable, we find 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.\6\ For a full description of the methodology underlying all
of Commerce's conclusions, including our reliance, on facts otherwise
available, including AFA, pursuant to sections 776(a) and (b) of the
Act, see the Issues and Decision Memorandum.
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\6\ 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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Final Results of the Administrative Review
As a result of this review, we determine 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................................ 88.67
Sgambaro SpA............................................ 1.18
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Final Rate for Non-Selected Company Under Review
There is one company, Sgambaro, 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 the 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 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
final rate for Gentile, the sole mandatory respondent, was based
entirely on facts available. Accordingly, under ``any reasonable
method,'' we have selected the rate calculated in the most recently
completed administrative review as the rate to be applied for Sgambaro,
see the Issues and Decision Memorandum at Comment 3.
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct U.S. Customs and Border Protection (CBP) to collect cash
deposits of estimated countervailing duties in the amounts shown above
for the above-listed companies with regard to shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of these final results of review. These
cash deposit requirements, effective upon publication of these final
results, shall remain in effect until further notice.
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, and CBP shall assess,
countervailing duties at the applicable ad valorem rates on all
appropriate entries covered by this review. Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after
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).
Disclosure
Commerce intends to disclose our AFA calculations performed for the
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final results of review within five days after the date of publication
of this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Administrative Protective Order
This notice also serves as a final 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 terms of an APO is a sanctionable
violation.
Notification to Interested Parties
The final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: January 11, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Discussion of the Issues
Comment 1: Whether Commerce Should Apply an Adverse Facts
Available (AFA) Rate to Gentile
Comment 2: Whether Commerce Erred in Finding the IRAP Program to
be Countervailable and its Calculation of the Program
Comment 3: Calculation of the ``All-Others'' Rate
VII. Recommendation
[FR Doc. 2024-00915 Filed 1-17-24; 8:45 am]
BILLING CODE 3510-DS-P
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