Notice2024-11527
Certain Pasta From Italy: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022
Primary source
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Published
May 24, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and exporters of certain pasta (pasta) from Italy, during the period of review (POR) January 1, 2022, through December 31, 2022. In addition, Commerce is rescinding the review with respect to one company. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 102 (Friday, May 24, 2024)</title>
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[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Notices]
[Pages 45837-45839]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11527]
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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; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to producers
and exporters of certain pasta (pasta) from Italy, during the period of
review (POR) January 1, 2022, through December 31, 2022. In addition,
Commerce is rescinding the review with respect to one company.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable May 24, 2024.
FOR FURTHER INFORMATION CONTACT: Stefan Smith or 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) 482-4342 or (202)
482-1395, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1998, Commerce published in the Federal Register the
countervailing duty order on pasta from Italy.\1\ On July 3, 2023,
Commerce published in the Federal Register the notice of initiation of
an administrative review of the Order.\2\ On October 6, 2023, Commerce
selected Gruppo Alimentare Mediterraneo Milo S.r.l. (Milo) and
Pastificio Gentile S.r.l. (Gentile) as the mandatory respondents in
this review.\3\ On October 26, 2023, Milo withdrew its request for a
review.\4\ On November 13, 2023, we also selected Sgambaro SpA.
(Sgambaro) for individual examination as a mandatory respondent.\5\ On
March 21, 2024, we extended the deadline for the preliminary results of
this administrative review until May 21, 2024.\6\
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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, 88 FR 62322 (September 11, 2023).
\3\ See Memorandum, ``Respondent Selection Memorandum,'' dated
October 6, 2023.
\4\ See Milo's Letter, ``Withdraw Request for Administrative
Review,'' dated October 26, 2023 (Milo's Withdrawal of Review
Request).
\5\ See Memorandum, ``Second Respondent Selection Memorandum,''
dated November 13, 2023.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated March
21, 2024.
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\7\ A list of topics discussed in the Preliminary Decision
Memorandum is included in 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="http://access.trade.gov">http://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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\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Certain Pasta from Italy; 2022,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The merchandise covered by the Order is pasta from Italy. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found to be countervailable, Commerce
preliminarily determines 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 underlying our conclusions, including our reliance,
in part, on facts otherwise available with an adverse inference
pursuant to sections 776(a) and (b) of the Act, 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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Recission of Administrative Review, in Part
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
[[Page 45838]]
review withdraw the request within 90 days of the date of publication
of the notice of initiation. On October 26, 2023, Milo withdrew its
request for an administrative review.\9\ Because the withdrawal request
was timely filed, and no other party requested a review of this
company, we are rescinding this review of the Order with respect to
Milo, in accordance with 19 CFR 351.213(d)(1).
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\9\ See Milo's Withdrawal of Review Request.
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Preliminary Results of Review
We preliminary find that the following net countervailable subsidy
rates exist for the period January 1, 2022, through December 31, 2022:
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Subsidy rate
Company (percent ad
valorem)
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Pastificio Gentile S.r.l................................ 0.94
Sgambaro SpA............................................ 2.37
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Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends upon publication of the final results, to instruct U.S. Customs
and Border Protection (CBP) to collect cash deposits of the estimated
countervailing duties in the amounts calculated in the final results of
this review for the respective companies listed above with regard to
shipment of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this 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 section 751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminary determined subsidy rates in the
amounts shown above for the producer/exporters shown above. Upon
issuance of the final results of the administrative review, consistent
with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce
shall determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review.
For the company for which this review is rescinded with these
preliminary results, we will instruct CBP to assess countervailing
duties on 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, 2022, through December 31, 2022, in accordance with 19 CFR
351.212(c)(1)(i). For the companies remaining in the 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).
Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results 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).
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs no 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 five days after the date for filing case
briefs.\10\ Interested parties who submit case or rebuttal briefs in
this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\11\
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\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\12\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Hearing requests should contain: (1) the party's name, address,
and telephone number; (2) the number of participants; and (3) a list of
the issues to be discussed. Issues raised in the hearing will be
limited to those raised in the respective case briefs. An
electronically filed hearing request must be received successfully in
its entirety by Commerce's electronic records system, ACCESS, by 5 p.m.
Eastern Time within 30 days after the date of publication of this
notice.
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: May 20, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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
[[Page 45839]]
IV. Rescission of Administrative Review, in Part
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024-11527 Filed 5-23-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 24, 2024.
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