Notice2024-27882
Certain Pasta From Italy: Final Results of Countervailing Duty Administrative Review; 2022
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 29, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain producers and exporters of certain pasta (pasta) from Italy received countervailable subsidies during the period of review (POR) January 1, 2022, through December 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 230 (Friday, November 29, 2024)</title>
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[Federal Register Volume 89, Number 230 (Friday, November 29, 2024)]
[Notices]
[Pages 94708-94709]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27882]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-819]
Certain Pasta From Italy: Final Results of Countervailing Duty
Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain producers and exporters of certain pasta (pasta) from Italy
received countervailable subsidies during the period of review (POR)
January 1, 2022, through December 31, 2022.
DATES: Applicable November 29, 2024.
FOR FURTHER INFORMATION CONTACT: Stefan Smith, 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.
SUPPLEMENTARY INFORMATION:
Background
On May 24, 2024, Commerce published the Preliminary Results of this
administrative review in the Federal Register and invited comments from
interested parties.\1\ For a complete description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\2\ Commerce conducted this review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
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\1\ See Certain Pasta from Italy: Preliminary Results and
Partial Rescission of Countervailing Duty Administrative Review;
2022, 89 FR 45837 (May 24, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues and Decision
Memorandum).
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Scope of the Order <SUP>3</SUP>
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\3\ See Notice of Countervailing Duty order and Amended Final
Affirmative Countervailing Duty Determination: Certain Pasta
(``Pasta'') from Italy, 61 FR 38544 (July 24, 1996) (Order).
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The merchandise covered by the Order is pasta from Italy. For a
complete description of the scope of the Order,
[[Page 94709]]
see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised by the interested parties in their case briefs
are addressed in the Issues and Decision Memorandum. The topics
discussed and the issues raised by parties to which we responded in the
Issues and Decision Memorandum are listed 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
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 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 our analysis of the comments received from interested
parties, we made changes to the net countervailable subsidy rates for
Sgambaro SpA. (Sgambaro). For a discussion of these changes, see the
Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Act. For each of the subsidy programs found
to be 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.\4\ For a complete
description of the methodology underlying all of Commerce's
conclusions, including our reliance, in part, on facts otherwise
available, including adverse facts available, pursuant to sections
776(a) and (b) of the Act, see the Issues and Decision Memorandum.
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\4\ 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
Commerce determines that the following net countervailable subsidy
rates exist for the period January 1, 2022, through December 31, 2022:
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Subsidy rate
Producer/exporter (percent ad
valorem)
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Pastificio Gentile S.r.l................................ 0.94
Sgambaro SpA............................................ 2.29
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Disclosure
Commerce intends to disclose calculations and analysis performed
for these 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).
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries of subject merchandise 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).
Cash Deposit Requirements
In accordance with section 751(a)(1) and (a)(2)(C) of the Act,
Commerce also intends to instruct CBP to collect cash deposits of
estimated countervailing duties in the amounts shown for the companies
listed above for shipments of subject merchandise entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
these final results of this administrative review. For all non-reviewed
firms, we will instruct CBP to 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, effective upon publication of these
final results, shall remain in effect until further notice.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an 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: November 21, 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. Analysis of Program
VII. Discussion of Issues
Comment 1: Whether Commerce Erred in the Sales Denominator Used
when Calculating Subsidy Rates for Sgambaro
Comment 2: Whether Commerce Erred in Finding the Preferential
Financing for Export Law 394/81 to be Export Contingent
Comment 3: Whether Commerce Erred in its Calculations for the
Sabatini Law Program
Comment 4: Whether the IRAP Program Is Countervailable
VIII. Recommendation
[FR Doc. 2024-27882 Filed 11-27-24; 8:45 am]
BILLING CODE 3510-DS-P
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