Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices 64329 

1See Notice of Countervailing Duty Order and 

Amended Final Affirmative Countervailing Duty 

Determination: Certain Pasta (‘‘Pasta’’) from Italy, 

61 FR 38544 (July 24, 1996) (Order). 

2See Certain Pasta from Italy: Preliminary Results 

of Countervailing Duty Administrative Review and 

Partial Rescission; 2016, 83 FR 39418 (August 9, 

2018) (Preliminary Results), and accompanying 

Preliminary Decision Memorandum. 

3See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results of 

Countervailing Duty Administrative Review: 

Certain Pasta from Italy; 2016,’’ dated concurrently 

with this notice (Issues and Decision 

Memorandum). 

4See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regrading benefit; and, section 771(5A) 

of the Act regarding specificity. 5See 19 CFR 351.224(b). 

Comment 5: Use of Revised Data in the 

Final Results of Review 

Comment 6: Failure to Report End-User 

Customer Codes 

VII. Recommendation 

[FR Doc. 2018–27120 Filed 12–13–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–475–819] 

Pasta From Italy: Final Results of 

Countervailing Duty Administrative 

Review; 2016 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) has completed its 

administrative review of the 

countervailing duty (CVD) order on 

pasta from Italy. We have determined 

that GR.A.M.M. S.r.l. (GR.A.M.M.), the 

only mandatory respondent, received 

countervailable subsidies during the 

period of review (POR) January 1, 2016, 

through December 31, 2016. 

DATES: Applicable December 14, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Mary Kolberg, 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. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 24, 1996, Commerce 

published in the Federal Register a CVD 

Order on pasta from Italy.1 On August 

9, 2018, Commerce published the 

Preliminary Results of this CVD 

administrative review in the Federal 

Register.2 Commerce gave interested 

parties an opportunity to comment on 

the Preliminary Results. On September 

11, 2018, we received a case brief from 

GR.A.M.M. No rebuttal comments were 

received. 

Scope of the Order 

The merchandise covered by this 

order is certain non-egg dry pasta from 

Italy. 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 Issues and Decision 

Memorandum, which is hereby adopted 

in this notice.3

Analysis of Comments Received 

All issues raised in the respondent’s 

case brief are listed in the Appendix to 

this notice and are addressed in the 

Issues and Decision Memorandum 

accompanying this notice. 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 http://

access.trade.gov and in the Central 

Records Unit, Room B8024 of the main 

Commerce building. In addition, a 

complete version of the Issues and 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn. The signed and electronic versions 

of the Issues and Decision 

Memorandum are identical in content. 

Changes Since the Preliminary Results 

For the final results, we changed the 

calculation of the countervailable 

subsidy rate for Action 6.1.4, Aid on 

Investment Program Promoted by Micro 

and Small Businesses, based on 

additional information provided 

regarding the specificity of the program 

and no longer find the portion of the 

program funded by the Regional 

Government of Puglia to be 

countervailable. 

Methodology 

We conducted this review in 

accordance with section 751(a)(1)(A) of 

the Tariff Act of 1930, as amended (the 

Act). For each of the subsidy programs 

found to be countervailable during the 

POR, we find that there is a subsidy, i.e., 

a government-provided financial 

contribution that gives rise to a benefit 

to the recipient, and that the subsidy is 

specific.4 For a full description of the 

methodology underlying our 

conclusions, see the Issues and Decision 

Memorandum. 

Final Results of Review 

We determine the following net 

countervailable subsidy rate for 

GR.A.M.M., for the period, January 1, 

2016, through December 31, 2016: 

Producer/exporter 

Net 

subsidy 

rate 

(percent) 

GR.A.M.M. S.r.l .......................... 1.18 

Disclosure 

We intend to disclose to the parties in 

this proceeding the calculations 

performed for these final results within 

five days of the date of publication of 

this notice in the Federal Register.5

Assessment Rates 

In accordance with 19 CFR 

351.212(b)(2), Commerce intends to 

issue assessment instructions to U.S. 

Customs and Border Protection (CBP) 15 

days after the date of publication of 

these final results to liquidate 

shipments of subject merchandise 

entered, or withdrawn from warehouse, 

for consumption, on or after January 1, 

2016 through December 31, 2016, at the 

ad valorem rate listed above. 

Cash Deposit Instructions 

In accordance with section 

751(a)(2)(C) of the Act, we intend to 

instruct CBP to collect cash deposits of 

estimated countervailing duties in the 

amount shown above for shipments of 

subject merchandise by GR.A.M.M.. For 

all non-reviewed firms, we will instruct 

CBP to continue to collect cash deposits 

of estimated countervailing duties at the 

most recent company-specific or allothers rate applicable to the company. 

These cash deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Administrative Protective Orders 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return or 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a sanctionable violation. 

We are issuing and publishing these 

results in accordance with sections 


amozie on DSK3GDR082PROD with NOTICES1
64330 Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices 

1See Certain Polyester Staple Fiber from the 

People’s Republic of China: Final Results of 

Antidumping Duty Administrative Review; 2010– 

2011, 78 FR 2366 (January 11, 2013) (Final Results) 

and accompanying Issues and Decision 

Memorandum (IDM). 

2See Zhaoqing Tifo New Fibre Co., Ltd. v. United 

States, 60 F. Supp. 3d 1328 (CIT 2015) (Zhaoqing 

Tifo I). 

3See Final Results of Redetermination Pursuant 

to Zhaoqing Tifo New Fibre Co., Ltd. v. United 

States, Court No. 13–00044, Slip Op. 15–31 (April 

9, 2015), dated July 9, 2015 (First Remand 

Redetermination). 

4See Zhaoqing Tifo New Fibre Co., Ltd. v. United 

States, 256 F. Supp. 3d 1314, 1334 (CIT 2017) 

(Zhaoqing II). 

5 Id., 256 F. Supp. 3d at 1337. 

6See Viraj Grp, Ltd. v. United States, 343 F.3d 

1371, 1376 (Fed. Cir. 2003). 

7 Final Results, 78 FR at 2368, and accompanying 

IDM at Comment 2. 

8See Final Results of Redetermination Pursuant 

to Court Remand Zhaoqing Tifo New Fibre Co., Ltd. 

v. United States, Court No. 13–00044, Slip Op. 17– 

118 (CIT August 30, 2017), dated November 6, 2017 

(Second Remand Redetermination). 

9See Zhaoqing Tifo New Fibre Co., Ltd. v. United 

States, Court No. 13–00044, Slip Op. 18–168 (CIT 

November 30, 2018). 

10See Timken Co., v United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

11See Diamond Sawblades Mfrs. Coalition v. 

United States, 626 F.3d 1374 (Fed. Cir. 2010) 

(Diamond Sawblades). 

12See Sections 516A(c) and (e) of the Act. 

751(a)(1) and 777(i)(1) of the Act and 19 

CFR 351.221(b)(5). 

Dated: December 7, 2018. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. List of Interested Party Comments 

IV. Scope of the Order 

V. Changes Since the Preliminary Results 

VI. Subsidy Valuation Information 

VII. Analysis of Programs 

VIII. Discussion of the Issues 

Comment 1: Commerce Should Not Make 

Any Changes to the Results Other Than 

Those Raised in Parties’ Briefs 

Comment 2: Commerce Should Exclude 

the Action 6.1.4. Program from the Final 

Results 

Commerce 3: Commerce Should 

Recalculate the Benefit for the ERDF 

Action 4.1 Program 

IX. Conclusion 

[FR Doc. 2018–27119 Filed 12–13–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–905] 

Certain Polyester Staple Fiber From 

the People’s Republic of China: Notice 

of Court Decision Not in Harmony With 

Final Results of Antidumping Duty 

Administrative Review and Notice of 

Amended Final Results of 

Antidumping Duty Administrative 

Review 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On November 30, 2018, the 

United States Court of International 

Trade (CIT or the Court) sustained the 

final results of redetermination 

pertaining to the antidumping duty (AD) 

administrative review of certain 

polyester staple fiber (PSF) from the 

People’s Republic of China (China) for 

the period of review (POR) June 1, 2010, 

through May 31, 2011. The Department 

of Commerce (Commerce) is notifying 

the public that the final judgment in this 

case is not in harmony with the final 

results of the AD administrative review 

of the antidumping duty order on PSF 

from China and that Commerce is 

amending the final results with respect 

to the AD cash deposit rate assigned to 

Zhaoqing Tifo New Fibre Co., Ltd 

(Zhaoqing Tifo). 

DATES: Applicable December 10, 2018. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Huang, AD/CVD Operations, Office V, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone (202) 482–4047. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 11, 2013, Commerce 

published its Final Results of the 2010– 

2011 AD administrative review of PSF 

from China.1 On April 7, 2015, the CIT 

remanded the Final Results to 

Commerce to reconsider the dumping 

margin calculation for Zhaoqing Tifo 

and to consider any potential for double 

counting of energy inputs by the 

inclusion of coal as a factor of 

production (FOP), as alleged by 

Zhaoqing Tifo.2 In its First Remand 

Redetermination, Commerce relied 

upon a different set of financial 

statements that allowed Commerce to 

more accurately calculate Zhaoqing 

Tifo’s dumping margin while also 

addressing any concerns of double 

counting of energy inputs.3 On August 

30, 2017, the Court remanded this issue 

to Commerce a second time, finding that 

Commerce’s selection of financial 

statements was not timely challenged by 

any party and was, thus, beyond the 

scope of the remand in Zhaoqing Tifo I.4

Therefore, the Court instructed 

Commerce to reconsider how the 

surrogate financial ratios originally used 

in Final Results account for energy 

sources and whether the inclusion of 

coal in the FOP database results in 

double-counting.5 In its Second Remand 

Redetermination, under respectful 

protest,6 Commerce relied on the 

financial statements used in the Final 

Results,7 and removed coal as a factor of 

production from the dumping margin 

calculation to address the Court’s 

concern over potential double counting 

of energy inputs.8 On November 30, 

2018, the CIT sustained Commerce’s 

Second Remand Redetermination.9

Timken Notice 

In its decision in Timken,10 as 

clarified by Diamond Sawblades,11 the 

Court of Appeals for the Federal Circuit 

(CAFC) held that, pursuant to section 

516A of the Tariff Act of 1930, as 

amended (the Act), Commerce must 

publish a notice of a court decision that 

is not ‘‘in harmony’’ with a Commerce 

determination and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision.12 The 

CIT’s November 30, 2018, final 

judgment affirming the Second Remand 

Redetermination constitutes a final 

decision of the Court that is not in 

harmony with Commerce’s Final 

Results. This notice is published in 

fulfillment of the publication 

requirements of Timken and section 

516A of the Act. 

Amended Final Results 

Because there is now a final court 

decision, Commerce is amending its 

Final Results. Commerce finds that the 

revised AD dumping margin for 

Zhaoqing Tifo is as follows: 

Producer/exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Zhaoqing Tifo New Fiber 

Co., Ltd ............................. 0.00 

Accordingly, Commerce will continue 

the suspension of liquidation of the 

subject merchandise pending the 

expiration of the period of appeal or, if 

appealed, pending a final and 

conclusive court decision. In the event 

the Court’s ruling is not appealed or, if 

appealed, upheld by the CAFC, 

Commerce will instruct U.S. Customs 

and Border Protection to assess 

antidumping duties on unliquidated 

entries of subject merchandise exported 


amozie on DSK3GDR082PROD with NOTICES1