[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74676-74679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25816]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Ghigi 1870 S.p.A. (Ghigi) and Pasta Zara S.p.A. (Pasta Zara)
(collectively, Ghigi/Zara) and La Molisana SpA (La Molisana) sold
certain pasta (pasta) from Italy at less than normal value (NV) during
the period of review (POR) July 1, 2018 through June 30, 2019. We
further preliminarily determine that Pasta Berruto had no shipments of
subject merchandise during the POR. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable November 23, 2020.
[[Page 74677]]
FOR FURTHER INFORMATION CONTACT: Jonathan Hall-Eastman, 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) 482-1468.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996 Commerce published the Order in the Federal
Register.\1\ On September 9, 2019, pursuant to section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act), Commerce initiated an
administrative review of the Order covering the following companies:
Aldino S.r.L. (Aldino), F. Divella S.p.A., Ghigi/Zara, Industria
Alimentare Colavita S.p.A. (Indalco), La Molisana, Liguori Pastificio
dal 1820 S.p.A., Newlat Food S.p.A., Pasta Berruto S.p.A., Pasta Lensi
S.r.L. (Pasta Lensi), Pastificio Di Martino Gaetano e Flli S.p.A.,
Pastificio Rey S.r.L., Rummo S.p.A., San Remo Macaroni Company, Tesa
S.r.L., and Valdigrano di Flavio Pagani S.r.L.\2\ On December 20, 2019,
Commerce rescinded the review of Pasta Lensi, Indalco, and Aldino.\3\
---------------------------------------------------------------------------
\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 Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84FR 47242 (September 9, 2019).
\3\ See Certain Pasta from Italy: Notice of Partial Rescission
of Antidumping Duty Administrative Review, 84 FR 70149 (December 20,
2019).
---------------------------------------------------------------------------
On March 2, 2020, Commerce extended the deadline for the
preliminary results to July 30, 2020.\4\ On April 24, 2020, Commerce
tolled all deadlines in administrative reviews by 50 days.\5\ On July
21, 2020, Commerce tolled all deadlines in administrative reviews by an
additional 60 days.\6\ The deadline for the preliminary results of this
review is now November 17, 2020.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Certain Pasta: Extension of Time Limit for
Preliminary Results of Antidumping Duty Administrative Review; 2018/
2019,'' dated March 2, 2020.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Issues and Decision Memorandum for the
Preliminary Results of Antidumping Duty Administrative Review:
Certain Pasta from Italy; 2018-2019,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
Imports covered by this order are shipments of certain non-egg dry
pasta in packages of five pounds four ounces or less, whether or not
enriched or fortified or containing milk or other optional ingredients
such as chopped vegetables, vegetable purees, milk, gluten, diastasis,
vitamins, coloring and flavorings, and up to two percent egg white. The
merchandise subject to this order 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. A full description of
the scope of the Order is contained in the Preliminary Decision
Memorandum.
Preliminary Determination of No Shipments
On September 23, 2019, Pasta Berruto S.p.A. (Pasta Berruto)
reported that it had no exports or sales of subject merchandise into
the United States during the POR.\8\ To confirm Pasta Berruto's no-
shipment claim, Commerce issued a no-shipment inquiry to U.S. Customs
and Border Protection (CBP) requesting that it review Pasta Berruto's
no-shipment claims.\9\ CBP reported that it had no information to
contradict Pasta Berruto's claims of no shipments.
---------------------------------------------------------------------------
\8\ See Pasta Berruto's Letter, ``Pasta Berruto S.p.A.: ``No
Shipments'' Letter for Certain Pasta from Italy (7/0l/2018-6/30/
2019),'' dated September 13, 2019.
\9\ See ``No shipments inquiry for certain pasta from Italy
produced and/or exported by Pasta Berruto S.p.A (A-475-818),''
Message Number 9273310, dated September 30, 2019.
---------------------------------------------------------------------------
Given that Pasta Berruto reported that it made no shipments of
subject merchandise to the United States during the POR, and there is
no information calling this claim into question, we preliminarily
determine that Pasta Berruto made no shipments of subject merchandise
during the POR. Consistent with Commerce's practice, we will not
rescind the review with respect to Pasta Berruto but, rather, we will
complete the review and issue instructions to CBP based on the final
results.\10\
---------------------------------------------------------------------------
\10\ See e.g., ``Certain Lined Paper Products from India:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2016-2017,'' 83 FR 50886
(October 10, 2018), unchanged in ``Certain Lined Paper Products from
India: Final Results of Antidumping Duty Administrative Review;
2016-2017,'' 84 FR 23017 (May 21, 2019).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. Export and constructed export price were
calculated in accordance with section 772 of the Act. Normal value was
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
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 https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at http://enforcement.trade.gov/frn/index.html.
The signed Preliminary Decision Memorandum and the electronic version
of the Preliminary Decision Memorandum are identical in content. A list
of topics discussed in the Preliminary Decision Memorandum is attached
as an Appendix to this notice.
Application of Adverse Facts Available
Pursuant to section 776(a) of the Act, Commerce is preliminarily
relying upon facts otherwise available to assign a weighted-average
dumping margin to Ghigi/Zara in this review. Preliminarily, Commerce
finds that Ghigi/Zara withheld necessary information that was requested
by Commerce, significantly impeded the review, and provided information
that could not be verified, warranting a determination on the basis of
the facts available under section 776(a) of the Act. Further, Commerce
preliminarily determines that Ghigi/Zara failed to cooperate by not
acting to the best of its ability to comply with requests for
information and, thus, Commerce is applying adverse facts available
(AFA) to Ghigi/Zara, in accordance with section 776(b) of the Act. For
a full description of the methodology underlying our conclusions
regarding the application of AFA, see the Preliminary Decision
Memorandum.
Rate for Non-Selected Companies
We are applying to the non-selected companies the rate
preliminarily applied to La Molisana in this administrative review,
which is the only calculated rate in this administrative review that is
not zero, de minimis or based entirely on section 776 of the Act. For a
detailed discussion, see the Preliminary Decision Memorandum.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following
[[Page 74678]]
weighted-average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-
Exporter or producer average dumping
margin (percent)
------------------------------------------------------------------------
Ghigi 1870 S.p.A. (Ghigi) and Pasta Zara S.p.A. (Pasta 91.76
Zara)................................................
La Molisana SpA....................................... 18.51
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
F. Divella S.p.A...................................... 18.51
Liguori Pastificio dal 1820 S.p.A..................... 18.51
Newlat Food S.p.A..................................... 18.51
Pasta Berruto S.p.A................................... 18.51
Pastificio Di Martino Gaetano e Flli S.p.A............ 18.51
Pastificio Fratelli DeLuca S.r.l...................... 18.51
Pastificio Rey S.r.L.................................. 18.51
Rummo S.p.A........................................... 18.51
Tesa S.r.L............................................ 18.51
Valdigrano di Flavio Pagani S.r.L..................... 18.51
------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.
Pursuant to 19 CFR 351.212(b)(1), for La Molisana we calculated
importer-specific ad valorem antidumping duty assessment rates based on
the ratio of the total amount of dumping calculated for the examined
sales to the total entered value of the sales. Where a respondent did
not report entered value, we calculated the entered value in order to
calculate the assessment rate. 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.
For Ghigi/Zara and the companies listed above which were not selected
for individual examination, we will direct CBP to assess antidumping
duties at an ad valorem rate equal to each company's weighted-average
dumping margin.
In accordance with Commerce's reseller policy, for entries of
subject merchandise during the POR produced or exported by Pasta
Berruto, or produced by La Molisana which did not know that its
merchandise was destined for the United States, we will instruct CBP to
liquidate entries not reviewed at the all-others rate of 15.45 percent,
the all-others rate established in the less-than-fair-value
investigation as modified by the section 129 determination.\11\ We
intend to issue instructions to CBP 15 days after publication of the
final results of this review.\12\
---------------------------------------------------------------------------
\11\ 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).
\12\ See 19 CFR 356.8(a).
---------------------------------------------------------------------------
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 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 of the firms listed above will be equal to each
company's weighted-average dumping margin as 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 rate will be zero; (2) for merchandise produced or exported by
a company 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 review subsequent to the
less-than-fair-value investigation.\13\
---------------------------------------------------------------------------
\13\ See Order.
---------------------------------------------------------------------------
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Disclosure
We intend to disclose the calculations performed in these
preliminary results to parties in this proceeding within five days of
the date of publication of this notice.\14\
---------------------------------------------------------------------------
\14\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs not later than 30 days after the date of publication of
this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than seven days after the date for filing
case briefs.\15\ Parties who submit case briefs or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\16\ All briefs must be filed electronically using
ACCESS.\17\ An electronically filed document must be received
successfully in its entirety by the established deadline. Note that
Commerce has temporarily modified certain of its requirements for
serving documents
[[Page 74679]]
containing business proprietary information, until further notice.\18\
---------------------------------------------------------------------------
\15\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(March 26, 2020); and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (collectively, Temporary Rule).
\16\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
\17\ See generally 19 CFR 351.303.
\18\ See Temporary Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, 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. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location hearing two days before the scheduled date.
We intend to issue the final results of this administrative review,
including the results of our analysis of the issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, pursuant to section 751(a)(3)(A) of the Act.
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 doubled antidumping
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, and 19 CFR 351.213(h)(1).
Dated: November 17, 2020.
Jeffrey I. Kessler,
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. Preliminary Determination of No Shipments
V. Application of Facts Available and Use of Adverse Inferences
VI. Discussion of the Methodology
VII. Rate for Non-Selected Companies
VIII. Recommendation
[FR Doc. 2020-25816 Filed 11-20-20; 8:45 am]
BILLING CODE 3510-DS-P