Notice2026-21042
Certain Pasta From Italy: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2024-2025
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
October 15, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that producers/exporters subject to this review made sales of subject merchandise at less than normal value (NV) during the period of review (POR), July 1, 2024, through June 30, 2025. In addition, we are rescinding the review with respect to 15 companies. Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 91 Issue 198 (Thursday, October 15, 2026)</title>
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[Federal Register Volume 91, Number 198 (Thursday, October 15, 2026)]
[Notices]
[Pages 65525-65527]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21042]
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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; 2024-2025
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that producers/exporters subject to this review made sales
of subject merchandise at less than normal value (NV) during the period
of review (POR), July 1, 2024, through June 30, 2025. In addition, we
are rescinding the review with respect to 15 companies. Interested
parties are invited to comment on these preliminary results of review.
DATES: Applicable October 15, 2026.
FOR FURTHER INFORMATION CONTACT: Walter Ankner or T.J. Worthington, 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) 482-8374 or (202)
482-4567, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 22, 2025, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping duty order on certain pasta (pasta) from
Italy.\1\ On September 24, 2025, Commerce selected La Molisana, S.p.A.
(La Molisana) and Pastificio Lucio Garofalo S.p.A. (Garofalo) as the
mandatory respondents in this review.\2\ On September 3, 2025, La Doria
Pasta PL S.r.l. (La Doria) timely withdrew its request for review.\3\
On October 28, 2025, 8th Avenue Food & Provisions, Inc. and Winland
Foods, Inc. (collectively, the domestic interested parties) timely
withdrew their request for review of 17 companies.\4\ On October 29,
2025, Pastificio Di Martino Gaetano e Flli S.p.A. (Di Martino) timely
withdrew its request for review.\5\ On November 10, 2025, Marchesi
Frescobaldi Soc. Agricola S.r.l. (Frescobaldi) timely withdrew its
request for review.\6\ On January 27, 2026, Barilla America Inc. and
Barilla G. e R. Fratelli Societ[agrave] per Azioni Socio Unico
(collectively, Barilla) timely withdrew their request for review.\7\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 90 FR 41043 (August 22, 2025); see also
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 Memorandum, ``Respondent Selection,'' dated September
24, 2025.
\3\ See La Doria's Letter, ``Withdrawal of Request for
Administrative Review,'' dated September 3, 2025.
\4\ See Domestic Interested Parties' Letter, ``Domestic
Industry's Withdrawal of Request for 2024-2025 Administrative Review
of the Antidumping Duty Order,'' dated October 28, 2025.
\5\ See Di Martino's Letter, ``Withdrawal of request for
Administrative Review,'' dated October 29, 2025.
\6\ See Frescobaldi's Letter, ``Withdrawal of Request for
Administrative Review,'' dated November 10, 2025.
\7\ See Barilla's Letter, ``Barilla Withdrawal of Request for
Administrative Review,'' dated January 27, 2026.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\8\
A list of the topics discussed in the Preliminary Decision Memorandum
is attached as Appendix I of 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), which 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/frnotices">https://access.trade.gov/frnotices</a>.
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\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Pasta from Italy; 2024-2025,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The merchandise subject to the Order is pasta from Italy. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Rescission 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 a party who requested a
review withdraws its request within 90 days of the date of publication
of notice of initiation. As noted above, Commerce received timely-filed
withdrawal requests with respect to the companies listed in Appendix
III, and no other parties requested an administrative review of these
companies. Therefore, we are rescinding this administrative review with
respect to these companies, pursuant to 19 CFR 351.213(d)(1).
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price and constructed export price are calculated in accordance
with section 772 of the Act. NV is calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
Rate for Non-Individually Examined Companies
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(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 examination 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 rates that are zero,
de minimis (i.e., less than 0.5 percent), or determined entirely on the
basis of facts available. Where the weighted-average dumping margin for
each of the individually examined companies is zero, de minimis, or
based entirely on facts available, section 735(c)(5)(B) of the Act
provides that Commerce may use ``any reasonable method to establish the
estimated all-others rate for exporters and producers
[[Page 65526]]
not individually investigated, including averaging the estimated
weighted-average dumping margins determined for the exporters and
producers individually investigated.''
In this administrative review, we preliminarily calculated
weighted-average dumping margins for the mandatory respondents, La
Molisana and Garofalo, that are not zero, de minimis, or based entirely
on facts available. Accordingly, we are preliminarily assigning to the
companies under review that were not selected for individual
examination a weighted-average dumping margin equal to the simple
average of the estimated weighted-average dumping margins calculated
for La Molisana and Garofalo, consistent with 19 CFR 351.109(g).\9\
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\9\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the dumping margins calculated
for the examined respondents; (B) a simple average of the dumping
margins calculated for the examined respondents; and (C) a weighted-
average of the dumping margins calculated for the examined
respondents using each company's publicly ranged U.S. sale
quantities 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
19 CFR 351.109(f)(2)(ii); see also Memorandum, ``Preliminary
Calculation of the Dumping Margin for the Companies Not Selected for
Individual Examination,'' dated concurrently with this notice.
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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, 2024, through June 30, 2025:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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La Molisana, S.p.A.......................................... 3.62
Pastificio Lucio Garofalo S.p.A............................. 6.47
Companies Not Selected for Individual Review \10\........... 5.05
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Disclosure
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\10\ The exporters or producers not selected for individual
review are listed in Appendix II.
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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 the Federal Register, in accordance with 19 CFR 351.224(b).
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 on which the
last verification report is issued in this 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.\11\ 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.\12\ 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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\11\ 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).
\12\ 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.\13\ 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).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ 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 whether any participant is a foreign national; 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.\15\
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\15\ See 19 CFR 351.310(d).
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
If La Molisana's or Garofalo's weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.50 percent) in the final
results of this review, Commerce intends to calculate importer-specific
assessment rates on the basis of the ratio of the total amount of
dumping calculated for each importer's examined sales to the total
entered value of those sales. Where we do not have entered values for
all U.S. sales to a particular importer, we will calculate an importer-
specific, per-unit assessment rate on the basis of the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total quantity of those sales.\16\ To determine whether an
importer-specific, per-unit assessment rate is de minimis, in
accordance with 19 CFR 351.106(c)(2), we also will calculate an
importer-specific ad valorem ratio based on estimated entered values.
If La Molisana's or Garofalo's weighted-average dumping margin is zero
or de minimis or where an importer-specific ad valorem assessment rate
is zero or de minimis, we will instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\17\
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\16\ See 19 CFR 351.212(b)(1).
\17\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by La
Molisana or Garofalo for which they did not know that the merchandise
was destined for the United States, we intend to instruct CBP to
liquidate those entries at the all-others rate calculated in the less-
than-fair-value (LTFV) investigation if there is no rate for the
intermediate company(ies) involved in the transaction.\18\
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\18\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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[[Page 65527]]
For the companies listed in Appendix II which were not selected for
individual review, we will assign an assessment rate based on the
review-specific rate, calculated as noted in the ``Rate for Non-
Individually Examined Companies'' section, above. The final results of
this review shall be the basis for the assessment of antidumping duties
on entries of merchandise covered by the final results of this review
and for future deposits of estimated duties, where applicable.\19\
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\19\ See section 751(a)(2)(C) of the Act.
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For the companies listed in Appendix III for which the review is
being rescinded, Commerce will instruct CBP to assess antidumping
duties on all appropriate entries. Antidumping duties shall be assessed
at rates equal to the cash deposit rate for estimated antidumping
duties required at the time of entry, or withdrawal from warehouse, for
consumption, 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 notice in the Federal Register.
Commerce intends to issue assessment instructions to CBP regarding
La Molisana, Garofalo, and the companies listed in Appendix II 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).
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
listed above will be that established in the final results of this
review, except if the rate is less than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for previously investigated or
reviewed companies not covered by this review, the cash deposit rate
will continue to be the company-specific cash deposit rate published
for the most recently completed segment of this proceeding in which the
company participated; (3) if the exporter is not a firm covered in this
review, or the LTFV investigation, but the manufacturer is, then the
cash deposit rate will be the rate established for the most recent
segment for the manufacturer of the merchandise; and (4) the cash
deposit rate for all other manufacturers or exporters will continue to
be 15.45 percent, the rate established in the Section 129
Determination.\20\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\20\ 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 (May 4, 2007)
(Section 129 Determination).
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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 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 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 preliminary results of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: October 7, 2026.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Recission of Review, In Part
V. Affiliation
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
Appendix II
Review-Specific Rate Applicable to Companies Not Selected for
Individual Review
1. Gruppo Milo SpA
2. Rummo S.p.A; Pasta Castiglioni S.r.l.; Molino e Pastifico; Rummo
Lenta Lavorazione S.p.A.
Appendix III
Companies for Which We Are Rescinding This Administrative Review
1. Agritalia S.r.L.
2. Andriani S.p.A.
3. Antiche Tradizioni Di Gragnano S.R.L
4. Barilla G. e R. Fratelli Societ[agrave] per Azioni Socio Unico
5. George DeLallo Company, Inc.
6. La Doria Pasta PL S.r.l.
7. Marchesi Frescobaldi Soc. Agricola S.r.l.
8. Pastificio Artigiano Cav. Giuseppe Cocco S.R.L.
9. Pastificio Di Martino Gaetano e Flli S.p.A.
10. Pastificio Fratelli Cellino S.P.A
11. Pastificio Fratelli Cellino S.R.L.
12. Pastificio Ligouri S.p.A.; PAM S.P.A.; PAM S.R.L.; Liguori
Pastificio Dal 1820 S.P.A.; Pastificio Della Forma S.r.l.
13. Pastificio Mediterranea S.R.L
14. Pastificio Sgambaro
15. The Aldino Group: Aldino S.r.l.; Pastificio Tamma S.r.l,
Pastificio Chiavenna S.r.l., Pastificio Rigo S.P.A.
[FR Doc. 2026-21042 Filed 10-14-26; 8:45 am]
BILLING CODE 3510-DS-P
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