[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2714-2715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00640]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Final Results of Antidumping Duty
Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 12, 2019, the Department of Commerce (Commerce)
published the preliminary results of the antidumping duty
administrative review of certain pasta (pasta) from Italy. The period
of review (POR) is July 1, 2017 through June 30, 2018. As a result of
our analysis of the comments and information received, these final
results differ from the Preliminary Results with respect to Ghigi 1870
S.p.A. and Pasta Zara S.p.A. (collectively, Ghigi/Zara) and Industria
Alimentare Colavita S.p.A. (Indalco). For the final weighted-average
dumping margins, see the ``Final Results of Review'' section.
DATES: Applicable January 16, 2020.
FOR FURTHER INFORMATION CONTACT: Joy Zhang (Ghigi/Zara) or George
McMahon (Indalco), 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) 482-1168 or (202) 482-1167, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 12, 2019, Commerce published the Preliminary
Results.\1\ In accordance with 19 CFR 351.309(c)(1)(ii), we invited
parties to comment on our Preliminary Results. On October 23 and
October 24, 2019, we received case briefs from the Domestic
Producers,\2\ Ghigi/Zara, Agritalia S.r.L. and Tesa S.r.L.\3\ On
October 31, 2019, we received rebuttal briefs from the Domestic
Producers and Indalco.\4\ On December 3, 2019, Commerce held a public
hearing at the joint request of Ghigi/Zara, Agritalia, and Tesa.\5\
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\1\ See Certain Pasta From Italy: Preliminary Results of
Antidumping Duty Administrative Review; 2017-2018, 84 FR 48114
(September 12, 2019) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ The domestic producers are: Dakota Growers Pasta Company,
Riviana Foods and Treehouse Foods (collectively, Domestic
Producers).
\3\ See Domestic Producers' Letters, ``Petitioners' Case Brief
for Ghigi 1870 S.p.A/Pasta Zara S.p.A,'' dated October 24, 2019, and
``Petitioners' Case Brief for Industria Alimentare Colavita
S.p.A.,'' dated October 24, 2019; see also Ghigi/Zara's Letter,
``Pasta from Italy; Ghigi/Zara case brief,'' dated October 23, 2019,
Agritalia S.r.L's Letter from, ``Pasta from Italy; Agritalia case
brief,'' dated October 23, 2019, and Tesa SrL's letter, ``Pasta from
Italy; Tesa case brief,'' dated October 23, 2019.
\4\ See Domestic Producers' Letters, ``Petitioners' Rebuttal
Brief for Ghigi 1870 S.p.A/Pasta Zara S.p.A,'' dated October 31,
2019 and ``Petitioners' Rebuttal Brief for Agritalia S.r.L,'' dated
October 31, 2019; see also Indalco's Letter, ``Certain Pasta From
Italy: Rebuttal Brief of Indalco S.p.A,'' dated October 31, 2019.
\5\ See Public Hearing Transcript, dated December 10, 2019.
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Scope of the Order
Imports covered by the order are shipments of certain non-egg dry
pasta.\6\ The merchandise subject to review is currently classifiable
under items 1901.90.90.95 and 1902.19.20 of the Harmonized Tariff
Schedule of the United States (HTSUS). Although the HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the merchandise subject to the order is dispositive.
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\6\ For a full description of the scope of the order, see the
``Issues and Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review on Certain Pasta from Italy;
2017-2018,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum. A list of the issues that parties raised and to which we
responded is attached to this notice as an Appendix. 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 https://access.trade.gov, and to all parties in the
Central Records Unit, Room B8024 of the main Department of Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision
Memorandum and the electronic versions of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we have
recalculated the weighted-average dumping margin for both Ghigi/Zara
and Indalco.\7\ As a result of the recalculation of the rates for
Ghigi/Zara and Indalco, the weighted-average dumping margin for each of
the non-selected companies has changed.
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\7\ See Issues and Decision Memorandum; see also Memorandum,
``Certain Pasta from Italy: Calculation Memorandum--Ghigi/Zara,''
dated concurrently with this notice; and Memorandum, ``Certain Pasta
from Italy: Calculation Memorandum--Indalco,'' dated concurrently
with this notice.
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Final Results of the Review
As a result of this review, Commerce calculated weighted-average
dumping margins that are above de minimis for Ghigi/Zara and Indalco
for the period July 1, 2017 through June 30, 2018. Therefore, in
accordance with section 735(c)(5)(A) of the Tariff Act of 1930, as
amended (the Act), Commerce assigned an average of the weighted-average
dumping margins calculated for Ghigi/Zara and Indalco to the two non-
selected companies \8\ in these final results, as referenced below.
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\8\ The rate applied to the two non-selected companies is a
weighted average based on the publicly-ranged U.S. volumes of the
two examined companies with weighted-average dumping margins that
are not zero or de minimis, for the period July 1, 2017 through June
30, 2018. See Memorandum, ``Certain Pasta from Italy: Weighted-
Average Dumping Margin for Respondents Not Selected for Individual
Examination,'' dated concurrently with this notice.
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Ghigi 1870 S.p.A. and Pasta Zara S.p.A...................... 91.76
Industria Alimentare Colavita S.p.A......................... 0.50
Agritalia S.r.L............................................. 44.56
Tesa SrL (Tesa)............................................. 44.56
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Duty Assessment
Commerce shall determine and U.S. Customs and Border Protection
(CBP) shall assess antidumping duties on all appropriate entries. For
an individually-examined respondent whose weighted-average dumping
margin is not zero or a de minimis margin (i.e., less than 0.50
percent), we calculated importer-
[[Page 2715]]
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total entered value of those same sales in accordance with 19 CFR
351.212(b)(1). Upon issuance of the final results of this
administrative review, if an importer-specific assessment rate
calculated in the final results is not zero or de minimis, Commerce
will issue instructions directly to CBP to assess antidumping duties on
appropriate entries. Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent for which it did not know that its merchandise was destined
for the United States, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\9\
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\9\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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We intend to issue assessment instructions directly to CBP 15 days
after publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section 751(a)(2)
of the Act: (1) The cash deposit rate for respondents noted above will
be equal to the weighted-average dumping margin established in the
final results of this administrative review; (2) for merchandise
exported by producers or exporters not covered in this administrative
review but covered in a prior completed 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;
(3) if the exporter is not a firm covered in this review, a prior
review, or the original investigation, but the producer is, then the
cash deposit rate will be the rate established for the most recently
completed segment of this proceeding for the producer of the subject
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 less-than-fair-value investigation as modified by
the section 129 determination.\10\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\10\ 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).
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Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping and/or countervailing duties prior to
liquidation of the relevant entries during the POR. 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 doubled antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: January 10, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Ghigi 1870 S.p.A. (Ghigi) and Zara S.p.A
(Zara) (Ghigi/Zara) Correctly Reported Protein Content
Comment 2: Whether Ghigi/Zara Correctly Reported Shape Codes
Comment 3: Whether Partial Facts Available (AFA) is Warranted
with Respect to Ghigi/Zara's U.S. Payment Dates
Comment 4: Whether to Recalculate Credit expense for Zara
Comment 5: Whether Zara Double-Counted the Scrap Offset
Comment 6: Whether Billing Adjustments Were Correctly Applied
for Ghigi/Zara
Comment 7: Whether to Make Certain Adjustments to the Comparison
and Margin Programs for the Final Results with Respect to Ghigi/Zara
Comment 8: Whether to Apply Ghigi/Zara's Preliminary Rate to
Agritalia/Tesa
Comment 9: Whether to Apply AFA to Industria Alimentare Colavita
S.p.A.'s (Indalco) Commission Expenses
Comment 10: Whether to Deny All Reported Billing Adjustments to
Indalco's U.S. Sales Value
Comment 11: Whether to Adjust Indalco's Rebates Based on
Verification Findings
Comment 12: Whether to Reject Indalco's Home Market Quantity
Adjustments
Comment 13: Whether to Include U.S. Advertising Expenses in the
Margin Program for Indalco
V. Recommendation
[FR Doc. 2020-00640 Filed 1-15-20; 8:45 am]
BILLING CODE 3510-DS-P