[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Notices]
[Pages 39418-39420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17048]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-819]


Certain Pasta From Italy: Preliminary Results of Countervailing 
Duty Administrative Review and Partial Rescission; 2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the countervailing duty (CVD) order on certain 
pasta from Italy. The period of review (POR) is January 1, 2016, 
through December 31, 2016.

DATES: Applicable August 9, 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 September 13, 2017, Commerce published a notice of initiation of 
an administrative review of the CVD order on certain pasta from Italy 
for the POR.\1\ From October 10, 2017 to December 12, 2017, eight of 
the producers/exporters of subject merchandise subject to this review 
timely withdrew their request for review. Thus, we are rescinding this 
review with respect to these eight producers/exporters. Commerce is 
conducting this review of one remaining producer/exporter of subject 
merchandise: GR.A.M.M. S.r.l.

[[Page 39419]]

(GR.A.M.M.). On March 29, 2018, Commerce postponed the deadline for 
issuing the preliminary results of this administrative review until 
August 3, 2018.\2\ For a complete description of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum.\3\ A list of topics discussed in the Preliminary Decision 
Memorandum is provided 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 https://access.trade.gov and in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic 
version of the Preliminary Decision Memorandum are identical in 
content.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 42974 (September 13, 2017) (Initiation 
Notice).
    \2\ See Memorandum, ``Certain Pasta from Italy: Extension of 
Time Limit for Preliminary Results of the Countervailing Duty 
Administrative Review,'' dated March 29, 2018.
    \3\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Countervailing Duty Administrative Review and Partial 
Rescission: Certain Pasta from Italy; 2016,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Order

    Imports covered by the 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 
pasta covered by the scope of the order is typically sold in the retail 
market, in fiberboard or cardboard cartons, or polyethylene or 
polypropylene bags of varying dimensions. A full description of the 
scope of the order is contained in the Preliminary Decision Memorandum, 
which is hereby adopted by this notice.\4\
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    \4\ See Preliminary Decision Memorandum.
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Partial Rescission

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, ``in whole or in part, if a party that requested 
a review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review.'' The 
requests for review for the following companies were withdrawn within 
the 90-day limit: Alessio Panarese Soceieta Agricola, Antico Pastificio 
Morelli 1860 S.r.l., Colussi Spa, Ghigi 1870 S.p.A., Industria 
Alimentare Colavita, S.p.A., Pastificio Fratelli DeLuca S.r.l., 
Pastificio Mennucci SpA, and Tesa SrL.\5\ Therefore, Commerce is 
rescinding the review, in part, with respect to these companies.
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    \5\ See Tesa SrL's, ``Pasta from Italy; Withdrawal of Request 
for Administrative Review,'' dated October 10, 2017; see also Ghigi 
1870 S.p.A.'s, ``Pasta from Italy; Withdrawal of Request for 
Administrative Review,'' dated October 17, 2017; see also Industria 
Alimentare Colavita, S.p.A.'s Letter, ``Certain Pasta from Italy: 
Withdrawal of Request for CVD Administrative Review of Indalco 
S.p.A.,'' dated December 10, 2017; see also Pastificio Mennucci 
SpA's Letter, ``Pasta from Italy; Withdrawal of Request for 
Administrative Review,'' dated December 12, 2017; see also Colussi 
Spa's Letter, ``Pasta from Italy; Withdrawal of Request for 
Administrative Review,'' dated December 12, 2017; see also Alessio 
Panarese Soceieta Agricola's, Pastificio Fratelli DeLuca S.r.l.'s, 
and Antico Pastificio Morelli 1860 S.r.l.'s Letter, ``Certain Dry 
Pasta from Italy, C-475-819; Withdrawal of Request for Review,'' 
dated December 12, 2017.
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Methodology

    We are conducting 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, we preliminarily 
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.\6\ For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.
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    \6\ 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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Preliminary Results of the Review

    We preliminarily find the following net countervailable subsidy 
rate for the mandatory respondent, GR.A.M.M. for the period January 1, 
2016 through December 31, 2016:

------------------------------------------------------------------------
                  Company                   Net subsidy rate  ad valorem
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GR.A.M.M. S.r.l...........................  1.21 percent.
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Assessment Rates

    Consistent with section 751(a)(1) of the Act and 19 CFR 
351.212(b)(2), upon issuance of the final results, Commerce will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
countervailing duties on all appropriate entries covered by this 
review. For companies for which this review is rescinded, Commerce 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, 2016, through December 31, 
2016, in accordance with 19 CFR 351.212(c)(1)(i). We intend to issue 
instructions to CBP 15 days after publication of the final results of 
this review.

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amount shown above for GR.A.M.M. with 
regard to shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this review. For all non-reviewed firms, we will 
instruct CBP to continue to collect cash deposits at the most recent 
company specific or all-others rate applicable to the company. These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.

Disclosure and Public Comment

    We will disclose to parties in this review the calculations 
performed in reaching the preliminary results within five days of 
publication of these preliminary results.\7\ Interested parties may 
submit written comments (case briefs) on the preliminary results no 
later than 30 days from the date of publication of this Federal 
Register notice, and rebuttal comments (rebuttal briefs) within five 
days after the time limit for filing case briefs.\8\ Pursuant to 19 CFR 
351.309(d)(2), rebuttal briefs must be limited to issues raised in the 
case briefs. Parties who submit arguments are requested to submit with 
the argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\9\ All briefs must be filed 
electronically using ACCESS.
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    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
    \9\ 19 CFR 351.309(c)(2) and (d)(2).
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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 p.m. Eastern Time within 30 days after the date of 
publication of this notice. Hearing requests should contain: (1) The 
party's name, address, and telephone number; (2) the number

[[Page 39420]]

of participants; and (3) a list of the issues to be discussed. Issues 
addressed at the hearing will be limited to those raised in the briefs. 
If a request for a hearing is made, parties will be notified of the 
date and time for the hearing to be held at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.\10\ 
Commerce intends to issue the final results of this administrative 
review, including the results of our analysis of the issues raised by 
the parties in their comments, no later than 120 days after the date of 
publication of this notice, pursuant to section 751(a)(3)(A) of the Act 
and 19 CFR 351.213(h), unless this deadline is extended.
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    \10\ See 19 CFR 351.310(d).
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    These preliminary results and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 
351.221(b)(4).

    Dated: August 3, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum:
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of the Administrative Review
V. Subsidy Valuation Information
VI. Analysis of Programs
VII. Recommendation

[FR Doc. 2018-17048 Filed 8-8-18; 8:45 am]
BILLING CODE 3510-DS-P