[Federal Register Volume 89, Number 12 (Thursday, January 18, 2024)]
[Notices]
[Pages 3382-3384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00915]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-819]


Certain Pasta From Italy: Final Results of Countervailing Duty 
Administrative Review; 2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies were provided to certain producers and 
exporters of

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certain pasta (pasta) from Italy during the period of review (POR) 
January 1, 2021, through December 31, 2021.

DATES: Applicable January 18, 2024.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, 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) 482-1395.

SUPPLEMENTARY INFORMATION:

Background

    On July 18, 2023, Commerce published the Preliminary Results of 
this administrative review in the Federal Register.\1\ This review 
covers one mandatory respondent, Pastificio Gentile S.r.l. (Gentile) 
and one non-selected company, Sgambaro SpA. (Sgambaro).
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    \1\ See Certain Pasta from Italy: Preliminary Results and 
Partial Rescission of Countervailing Duty Administrative Review; 
2021, 88 FR 45886 (July 18, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
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    From October 19 through October 24, 2023, we conducted verification 
of Gentile and the Government of Italy's questionnaire responses. On 
November 2, 2023, we released the verification reports,\2\ and, on 
November 6, 2023, we invited parties to comment on the Preliminary 
Results.\3\ For a complete description of the events that occurred 
since the Preliminary Results, see the Issues and Decision 
Memorandum.\4\
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    \2\ See Memorandum, ``Verification of the Questionnaire 
Responses of Pastificio Gentile S.r.l.,'' dated November 2, 2023, 
and Memorandum, ``Verification of the Questionnaire Responses of the 
Government of Italy,'' dated November 2, 2023.
    \3\ See Commerce's Letter, ``Briefing Schedule,'' dated November 
6, 2023.
    \4\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Countervailing Duty Administrative Review of Certain Pasta 
from Italy; 2021,'' concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>5</SUP>
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    \5\ See Notice of Countervailing Duty Order and Amended Final 
Affirmative Countervailing Duty Determination: Certain Pasta from 
Italy, 61 FR 38544 (July 24, 1996) (Order).
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    The product covered by this Order is pasta from Italy. A full 
description of the scope of the Order is contained in the Issues and 
Decision Memorandum.

Analysis of Comments Received

    All issues raised by the interested parties in case and rebuttal 
briefs are addressed in the Issues and Decision Memorandum. A list of 
topics discussed in the Issues and Decision Memorandum is provided in 
the appendix to this notice. The Issues and Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and CVD Centralized Electronic Service System 
(ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on comments received from interested parties and issues 
originating from verification, we are applying total adverse facts 
available (AFA) to Gentile for the final results of this review. For a 
discussion of the issues, see the Issues and Decision Memorandum.

Methodology

    Commerce conducted this administrative 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 countervailable, 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.\6\ For a full description of the methodology underlying all 
of Commerce's conclusions, including our reliance, on facts otherwise 
available, including AFA, pursuant to sections 776(a) and (b) of the 
Act, see the Issues and 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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Final Results of the Administrative Review

    As a result of this review, we determine that the following 
estimated countervailable subsidy rates exist for the period January 1, 
2021, through December 31, 2021:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Pastificio Gentile S.R.L................................           88.67
Sgambaro SpA............................................            1.18
------------------------------------------------------------------------

Final Rate for Non-Selected Company Under Review

    There is one company, Sgambaro, for which a review was requested 
and not rescinded, and which was not selected as a mandatory respondent 
or found to be cross-owned with the mandatory respondent. The statute 
and Commerce's regulations do not directly address the establishment of 
rates to be applied to companies not selected for individual 
examination where Commerce limits its examination in an administrative 
review pursuant to section 777A(e)(2) of the Act. However, Commerce 
normally determines the rates for non-selected companies in reviews in 
a manner that is consistent with section 705(c)(5) of the Act, which 
provides the basis for calculating all-others rate in an investigation.
    Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general 
rule, to calculate an all-others rate equal to the weighted average of 
the countervailable subsidy rates established for exporters and/or 
producers individually examined, excluding any rates that are zero, de 
minimis, or based entirely on facts available. In this review, the 
final rate for Gentile, the sole mandatory respondent, was based 
entirely on facts available. Accordingly, under ``any reasonable 
method,'' we have selected the rate calculated in the most recently 
completed administrative review as the rate to be applied for Sgambaro, 
see the Issues and Decision Memorandum at Comment 3.

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct U.S. Customs and Border Protection (CBP) to collect cash 
deposits of estimated countervailing duties in the amounts shown above 
for the above-listed companies with regard to shipments of subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of these final results of review. These 
cash deposit requirements, effective upon publication of these final 
results, shall remain in effect until further notice.

Assessment Rates

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce shall determine, and CBP shall assess, 
countervailing duties at the applicable ad valorem rates on all 
appropriate entries covered by this review. Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after 
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).

Disclosure

    Commerce intends to disclose our AFA calculations performed for the

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final results of review within five days after the date of publication 
of this notice in the Federal Register, in accordance with 19 CFR 
351.224(b).

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the disposition 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.

Notification to Interested Parties

    The final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: January 11, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Discussion of the Issues
    Comment 1: Whether Commerce Should Apply an Adverse Facts 
Available (AFA) Rate to Gentile
    Comment 2: Whether Commerce Erred in Finding the IRAP Program to 
be Countervailable and its Calculation of the Program
    Comment 3: Calculation of the ``All-Others'' Rate
VII. Recommendation

[FR Doc. 2024-00915 Filed 1-17-24; 8:45 am]
BILLING CODE 3510-DS-P