Notice2026-00188
Certain Pasta From Italy: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2023
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 8, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that countervailable subsidies were provided to producers and exporters of certain pasta (pasta) from Italy, during the period of review (POR) January 1, 2023, through December 31, 2023. In addition, Commerce is rescinding this review, in part, 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 91 Issue 5 (Thursday, January 8, 2026)</title>
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[Federal Register Volume 91, Number 5 (Thursday, January 8, 2026)]
[Notices]
[Pages 676-678]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00188]
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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; 2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that countervailable subsidies were provided to producers and exporters
of certain pasta (pasta) from Italy, during the period of review (POR)
January 1, 2023, through December 31, 2023. In addition, Commerce is
rescinding this review, in part, with respect to one company.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable January 8, 2026.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg or 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) 482-1785 or (202) 482-4342,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 14, 2024, Commerce published in the Federal Register the
notice of initiation of an administrative review of the Order.\1\ On
September 13, 2024, Commerce selected DeMatteis Agroalimentare S.p.A.
(De Matteis) and Gruppo Milo SpA (Gruppo Milo) for individual
examination as the mandatory respondents in this review.\2\ On October
16, 2024, Gruppo Milo timely withdrew its request for a review,\3\ and,
on October 22, 2024, we selected Pastificio Attilo Mastromauro-Granoro
Srl (Granoro) as a replacement mandatory respondent.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 66035 (August 14, 2024) (Initiation
Notice); see also 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 Memorandum, ``Countervailing Duty Administrative Review
of Certain Pasta from Italy; Respondent Selection; 2023,'' dated
September 13, 2024.
\3\ See Gruppo Milo's Letter, ``Withdrawal Request,'' dated
October 16, 2024.
\4\ See Memorandum, ``Selection of Replacement Mandatory
Respondent,'' dated October 22, 2024.
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On December 9, 2024, Commerce tolled certain deadlines in this
administrative proceeding by an additional 90 days.\5\ On June 12,
2025, Commerce extended the deadline for the preliminary results of
this review by 90 days.\6\ Due to the lapse in appropriations and
Federal Government shutdown, on November 14, 2025, Commerce tolled all
deadlines in administrative proceedings by 47 days.\7\ Additionally,
due to a backlog of documents that were electronically filed via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS) during the Federal
Government shutdown, on November 24, 2025, Commerce tolled all
deadlines in administrative proceedings by an additional 21 days.\8\
Accordingly, the deadline for the preliminary results is now January 5,
2026.
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\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated June
12, 2025.
\7\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\8\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
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[[Page 677]]
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\9\
A list of topics included 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="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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\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Pasta from Italy; 2023,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The product covered by the Order is pasta from Italy. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
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 the review withdraw their requests within 90 days of the date
of publication of the notice of initiation. Commerce received a timely-
filed withdrawal from Gruppo Milo. Because the withdrawal request was
timely filed, and no other parties requested a review of this company,
in accordance with 19 CFR 351.213(d)(1), we are rescinding this review
for Gruppo Milo.
Methodology
Commerce is conducting 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 program found countervailable, Commerce
preliminarily determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\10\ For a full description
of the methodology underlying our conclusions, including our reliance,
in part, on facts otherwise available with adverse inferences pursuant
to sections 776(a) and (b) of the Act, see the Preliminary Decision
Memorandum.
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\10\ 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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Rate for Non-Selected Companies Under Review
There are two companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross owned with a mandatory respondent. The Act and
Commerce's regulations do not address the establishment of a rate to
apply to companies not selected for individual examination when
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
instructions 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 rates calculated for De Matteis and Granoro were above de
minimis and not based entirely on facts available. Therefore, we are
applying to the non-selected companies the weighted average of the net
subsidy rates calculated for De Matteis and Granoro, which we
calculated using publicly-ranged sales data.\11\ This methodology to
establish the rate for the non-selected companies uses section
705(c)(5)(A) of the Act, which governs the calculation of the all-
others rate in an investigation, as guidance. For further information
on the calculation of the non-selected respondent rate, see the
Preliminary Decision Memorandum.
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\11\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and Decision Memorandum
at Comment 1. As complete publicly ranged sales data were available,
Commerce based the all-others rate on the publicly ranged sales data
of the mandatory respondents. For a complete analysis of the data,
see the All-Others Rate Calculation Memorandum.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rates exist for the POR, January
1, 2023, through December 31, 2023:
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\12\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with De
Matteis: De Matteis Costruzioni S.r.l., and De Matteis Natural Food
Srl.
\13\ This rate is based on the rate for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis, or based entirely on facts available. See section
705(c)(5)(A) of the Act.
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Subsidy rate (percent
Company ad valorem)
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DeMatteis Agroalimentare S.p.A \12\............ 3.04
Pastificio Attilo Mastromauro-Granoro Srl...... 5.92
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Review-Specific Rate For Non-Examined Companies \13\
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Antiche Tradizioni di Gragnano S.R.L........... 3.14
Pastificio Sgambaro............................ 3.14
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Disclosure
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).
[[Page 678]]
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon in making its final results.
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than seven days after the date of the last
verification report issued in this administrative review. Rebuttal
briefs, limited to issues raised in the case briefs, may be filed not
later than five days after the date for filing case briefs.\14\
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.\15\ All briefs must be filed electronically
using ACCESS. An electronically filed document must be received
successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the
established deadline.
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\14\ 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).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\16\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the 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).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ 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 by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of issues to be discussed. Oral presentations at the
hearing will be limited to issues raised in the briefs. If a request
for a hearing is made, Commerce will inform parties of the scheduled
date for the hearing.\18\
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\18\ See 19 CFR 351.310(d).
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Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce
intends, upon publication of the final results, to instruct CBP to
collect cash deposits of estimated countervailing duties in the amounts
calculated in the final results of this review for the respective
companies 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 administrative review.
For all non-reviewed firms, CBP will continue to collect cash
deposits of estimated countervailing duties at the all-others rate
(i.e., 3.85 percent) \19\ or the most recent company-specific rate
applicable to the company, as appropriate. These cash deposit
instructions, when imposed, shall remain in effect until further
notice.
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\19\ See Order.
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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. For the company listed
above 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, 2023, through
December 31, 2023, in accordance with 19 CFR 351.212(c)(1)(i). Commerce
intends to issue rescission instructions to CBP no earlier than 35 days
after the date of publication of this rescission in the Federal
Register.
For the companies remaining in the review, 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).
Final Results of Administrative Review
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 after the date
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
The preliminary results and notice 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: January 5, 2025.
Christoper Abbott,
Deputy Assistance 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
IV. Non-Selected Companies Under Review
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2026-00188 Filed 1-7-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 8, 2026.
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