Notice2025-16911
Certain Pasta From Italy: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2023-2024
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
September 4, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that La Molisana, S.p.A. (La Molisana) and Pastificio Lucio Garofalo S.p.A (Garofalo) made sales of certain pasta (pasta) from Italy at less than normal value during the period of review (POR), July 1, 2023, through June 30, 2024. Additionally, Commerce is rescinding this administrative review with respect to certain companies. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 90 Issue 169 (Thursday, September 4, 2025)</title>
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[Federal Register Volume 90, Number 169 (Thursday, September 4, 2025)]
[Notices]
[Pages 42743-42746]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16911]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Preliminary Results and Rescission, in
Part, of Antidumping Duty Administrative Review; 2023-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that La Molisana, S.p.A. (La Molisana) and Pastificio Lucio Garofalo
S.p.A (Garofalo) made sales of certain pasta (pasta) from Italy at less
than normal value during the period of review (POR), July 1, 2023,
through June 30, 2024. Additionally, Commerce is rescinding this
administrative review with respect to certain companies. We invite
interested parties to comment on these preliminary results.
DATES: Applicable September 4, 2025.
FOR FURTHER INFORMATION CONTACT: Patrick Barton, 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) 482-0012.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, Commerce published the antidumping duty order on
pasta from Italy.\1\ On July 1, 2024, we published in the Federal
Register a notice of opportunity to request an administrative review of
the Order.\2\ On August 14, 2024, based on timely requests for review,
and pursuant to section 751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act), Commerce initiated an administrative review of the
Order covering 18 entities.\3\ On December 9, 2024, Commerce tolled
certain deadlines in this administrative
[[Page 42744]]
proceeding by 90 days.\4\ On June 25, 2025, Commerce extended the
deadline for these preliminary results until July 31, 2025.\5\ On July
29, 2025, Commerce further extended the deadline for these preliminary
results until August 28, 2025.\6\ The deadline for these preliminary
results is now August 28, 2025.
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\1\ 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 89 FR 54437 (July 1,
2024).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 66035, 66037 (August 14, 2024)
(Initiation Notice).
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated June 25,
2025.
\6\ See Memorandum, ``Second Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review,''
dated July 29, 2025.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
A list of topics discussed in the Preliminary Decision Memorandum is
attached as Appendix I 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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\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Certain Pasta
from Italy; 2023-2024,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The product covered by this Order is pasta from Italy. A full
description of the scope of the Order is contained in the Preliminary
Decision Memorandum.
Rescission of Review, in Part
As noted above, we initiated this review with respect to 18
companies.\8\ During the course of the review, we selected two
mandatory respondents, Garofalo and La Molisana.\9\ As a consequence,
there are 16 companies upon which a review was requested, and which
were not selected for individual examination.
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\8\ See Initiation Notice, 89 FR at 66037.
\9\ See Memorandum, ``Respondent Selection,'' dated October 4,
2024.
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Pursuant to 19 CFR 351.213(d)(1), based on the timely withdrawal of
the request for review, we are rescinding this administrative review
with respect to Pastificio Di Martino Gaetano e Flli S.p.A.; Pastificio
Dei Campi S.p.A. (Di Martino).\10\ Furthermore, in accordance with 19
CFR 351.213(d)(3), Commerce will rescind an administrative review when
there are no reviewable suspended entries of the subject merchandise
during the POR for which liquidation was suspended.\11\ Normally, upon
completion of an administrative review, the suspended entries are
liquidated at the antidumping duty assessment rate calculated for the
review period.\12\ Therefore, to conduct an administrative review of a
company, there must be a suspended entry that Commerce can instruct
U.S. Customs and Border Protection (CBP) to liquidate at the
antidumping duty assessment rate calculated for the POR.\13\
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\10\ See Di Martino's Letter, ``Withdrawal of Request for
Administrative Review,'' dated October 16, 2024. We previously found
that Pastificio Di Martino Gaetano e Flli S.p.A. and Di Martino with
Pastificio Dei Campi S.p.A. are affiliated, and continue to treat
them as a single entity. See Certain Pasta from Italy: Preliminary
Results of Antidumping Duty Administrative Review and Partial
Recission of Review; 2020-2021, 87 FR 47185 (August 2, 2022),
unchanged in Certain Pasta from Italy: Final Results of Antidumping
Duty Administrative Review; 2020-2021, 87 FR 67868 (November 10,
2022). We therefore initiated the instant review upon the single
entity (i.e., Di Martino). See Initiation Notice, 89 FR at 66037.
Accordingly, we are rescinding the review on the collapsed entity.
\11\ See, e.g., Large Diameter Welded Pipe from Greece:
Rescission of Antidumping Duty Administrative Review; 2022-2023, 89
FR 4274 (January 23, 2024).
\12\ See 19 CFR 351.212(b)(1).
\13\ See 19 CFR 351.213(d)(3).
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Based on our analysis of U.S. Customs and Border Protection (CBP)
information, five companies listed in the Initiation Notice had no
reviewable suspended entries of subject merchandise during the POR.\14\
On September 9, 2024, we notified parties of our intent to rescind this
administrative review with respect to the five companies that had no
reviewable suspended entries during the POR.\15\ As discussed in more
detail in the Preliminary Decision Memorandum, we received comments
from one of these parties, Pastificio Sgambaro, and have determined
that the record supports a finding that the party did have entries of
subject merchandise during the POR.\16\ Consequently, we are not
rescinding the review with regard to Pastificio Sgambaro. As a result,
we are also rescinding this review, in part, with respect to the four
entities which had no entries in the POR, and for which withdrawal
requests were not previously received from all parties requesting
review.\17\ Consequently, we are rescinding this review, in part, with
respect to a total of five companies.\18\
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\14\ See Memorandum, ``Release of Customs and Border Protection
Data,'' dated August 26, 2024.
\15\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated September 9, 2024 (Intent to Rescind Notice).
\16\ See Preliminary Decision Memorandum at section ``Recission
of Review, in Part.''
\17\ See Appendix II.
\18\ Id.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. Pursuant to sections 776(a) and (b) of the
Act, Commerce has preliminarily relied entirely upon facts otherwise
available with adverse inferences (AFA) for both Garofalo and La
Molisana. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
Rate for Non-Examined Companies
The Act and Commerce's regulations do not directly address the
establishment of a rate to be applied to individual companies not
selected for examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual review in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .'' Section 735(c)(5)(B) of the Act
provides that, where all rates are zero, de minimis, or based entirely
on facts available, Commerce may use ``any reasonable method'' for
assigning the rate to all other respondents.
As discussed in the Preliminary Decision Memorandum, we
preliminarily based Garofalo's and La Molisana's weighted-average
dumping margins entirely on AFA. We preliminarily find that the
mandatory respondents' weighted-average dumping margin (i.e., 91.74
percent) is reasonably reflective of the non-selected companies'
potential dumping margins during the POR.\19\ Therefore, consistent
[[Page 42745]]
with the U.S. Court of Appeals for the Federal Circuit's decision in
Albemarle,\20\ and Commerce's practice,\21\ we preliminarily assigned
the weighted-average dumping margin of 91.74 percent to the 11
companies not individually examined in this review.\22\ For further
discussion, see the Preliminary Decision Memorandum.
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\19\ See Preliminary Decision Memorandum at section
``Application of Facts Available and Use of Adverse Inferences'';
see also Certain Pasta from Italy: Notice of Court Decision Not in
Harmony with the Results of Antidumping Duty Administrative Review;
Notice of Amended Final Results, 87 FR 34844, 34845 (June 8, 2022)
(Pasta from Italy 17-18 Amended Final).
\20\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016) (Albemarle).
\21\ See, e.g., Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from the Republic of Turkey: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2017-2018, 84 FR 64455 (November 22, 2019) (applying to
the companies not selected for individual examination a rate based
on the mandatory respondent's total AFA rate); see also Certain
Steel Nails from Taiwan: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2018-2019, 85 FR 19138 (April 6, 2020) (applying to the companies
not selected for individual examination a rate based on the
mandatory respondents' total AFA rates), unchanged in Certain Steel
Nails from Taiwan: Final Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments; 2018-2019, 85 FR
76014 (November 27, 2020).
\22\ See Appendix III.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following estimated weighted-average dumping margins exist for the
period July 1, 2023, through June 30, 2024:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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La Molisana, S.p.A.......................................... 91.74
Pastificio Lucio Garofalo S.p.A............................. 91.74
Non-Individually Examined Companies \23\.................... 91.74
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Verification
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\23\ Id.
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On November 22, 2024, 8th Avenue Food & Provisions, Inc., and
Winland Foods, Inc. (collectively, domestic interested parties),
requested that Commerce conduct verification of the questionnaire
responses submitted in this administrative review.\24\ However, because
the individually examined respondents in this administrative review did
not provide information requested by Commerce, Commerce preliminarily
determines each of the examined respondents to have been uncooperative,
and thus, we will not conduct verification.
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\24\ See Domestic Interested Parties' Letter, ``Verification
Request,'' dated November 22, 2024.
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Disclosure and Public Comment
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of
preliminary results in the Federal Register, in accordance with 19 CFR
351.224(b). However, because Commerce preliminarily applied total AFA
to each of the individually examined companies in this investigation,
in accordance with section 776 of the Act, and the applied AFA rate is
based solely on a rate calculated for a respondent in a prior segment
of this proceeding,\25\ there are no calculations to disclose.
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\25\ See Certain Pasta from Italy: Final Results of Antidumping
Duty Administrative Review; 2017-2018, 85 FR 2714 (January 16,
2020); see also Pasta from Italy 17-18 Amended Final, 87 FR at
34844-45.
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Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 21
days after the date of publication of these preliminary results.\26\
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.\27\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and, (2) a table of authorities.\28\
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\26\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs. See 19 CFR 351.309(c)(1)(ii).
\27\ 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).
\28\ 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 briefs 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.\29\ 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 public 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).\30\
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\29\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\30\ See APO and Service Procedures.
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\31\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. Issues raised in the hearing will be limited to those
raised in the case and rebuttal briefs. If a request for a hearing is
made, we will inform parties of the scheduled date for the hearing at a
time and location to be determined.\32\ Parties should confirm by
telephone the date, time, and location of the hearing no fewer than two
days before the scheduled date. Parties are reminded that all briefs
and hearing requests must be filed electronically using ACCESS and
received successfully in their entirety by 5:00 p.m. Eastern Time on
the due date.
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\31\ See 19 CFR 351.310(c).
\32\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results
of this administrative review, including the results of our analysis of
the issues raised by the parties in their case briefs, not later than
120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\33\ If, in
the final results of this administrative review, Commerce continues to
base Garofalo's and La Molisana's weighted-average dumping margins upon
total AFA, then Commerce will instruct CBP to assess antidumping duties
on subject merchandise sold by Garofalo and La Molisana and entered, or
withdrawn from warehouse, for consumption during the POR at a rate
equal to the weighted-average dumping margin in the final results. The
final results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this
[[Page 42746]]
review and for future deposits of estimated duties, where
applicable.\34\
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\33\ See 19 CFR 351.212(b)(1).
\34\ See section 751(a)(2)(C) of the Act.
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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).
For the companies for which this review is rescinded, we will
instruct CBP to assess antidumping duties on all appropriate entries at
a rate equal to the cash deposit of estimated antidumping duties
required at the time of entry, or withdrawal from warehouse, for
consumption, during the POR, in accordance with 19 CFR
351.212(c)(l)(i). For the companies rescinded from review, Commerce
intends to issue assessment instructions to CBP no earlier than 35 days
after the publication of this notice in the Federal Register.
Cash Deposit Requirements
The following cash deposit requirements will be effective on or
after publication of the notice of the final results of the
administrative review for all shipments of pasta from Italy entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results, as provided by section 751(a)(2) of
the Act: (1) the cash deposit rate for each company listed above will
be equal to the dumping margins established in the final results of
this review, except if the ultimate rate is de minimis within the
meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rates
will be zero; (2) for merchandise exported by producers or exporters
not covered in this administrative review but covered in a prior
segment of the proceeding, the cash deposit rate will continue to be
the company-specific rate published for the most recently completed
segment of this proceeding in which the producer or exporter
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or the original less-than-fair-value investigation, but
the producer is, then the cash deposit rate will be the rate
established for the most recently completed segment of the proceeding
for the producer of the merchandise; and (4) the cash deposit rate for
all other producers or exporters will continue to be 15.45 percent, the
all-others rate established in the section 129 determination.\35\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\35\ 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, 25263 (May 4,
2007).
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Notification to Importers
This notice also serves as a preliminary 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.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(d)(3), 19
CFR 351.213(h)(2), and 19 CFR 351.221(b)(4).
Dated: August 28, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Review, In Part
V. Application of Facts Available and Use of Adverse Inferences
VI. Companies Not Selected for Individual Examination
VII. Recommendation
Appendix II
Companies Rescinded From Administrative Review
1. Andriani S.p.A
2. George DeLallo Company, Inc.
3. Pastificio Di Martino Gaetano e Flli S.p.A.; Pastificio Dei Campi
S.p.A.
4. Pastificio Mediterranea S.R.L.
5. Pastificio Rigo S.P.A
Appendix III
Non-Individually Examined Companies Receiving a Review-Specific Rate
1. Agritalia S.r.L
2. Aldino S.r.l
3. Antiche Tradizioni Di Gragnano S.R.L.
4. Barilla G. e R. Fratelli Societa per Azioni Socio Unico
5. Gruppo Milo SpA
6. Pastificio Artigiano Cav. Giuseppe Cocco S.R.L.
7. Pastificio Chiavenna S.r.l
8. Pastificio Liguori S.p.A.; PAM S.P.A.; PAM S.R.L.; Liquori
Pastificio Dal 1820 S.P.A.; Pastificio Della Forma S.r.L.
9. Pastificio Sgambaro
10. Pastificio Tamma S.r.l.
11. Rummo S.p.A.; Pasta Castiglioni S.r.l.; Molino e Pastificio
(Rummo); Rummo Lenta Lavorazione S.p.A.
[FR Doc. 2025-16911 Filed 9-3-25; 8:45 am]
BILLING CODE 3510-DS-P
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