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[Federal Register Volume 89, Number 230 (Friday, November 29, 2024)]
[Notices]
[Pages 94708-94709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27882]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-819]

Certain Pasta From Italy: Final Results of Countervailing Duty 
Administrative Review; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain producers and exporters of certain pasta (pasta) from Italy 
received countervailable subsidies during the period of review (POR) 
January 1, 2022, through December 31, 2022.

DATES: Applicable November 29, 2024.

FOR FURTHER INFORMATION CONTACT: Stefan Smith, 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) 482-4342.

SUPPLEMENTARY INFORMATION: 

Background

    On May 24, 2024, Commerce published the Preliminary Results of this 
administrative review in the Federal Register and invited comments from 
interested parties.\1\ For a complete description of the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\2\ Commerce conducted this review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Certain Pasta from Italy: Preliminary Results and 
Partial Rescission of Countervailing Duty Administrative Review; 
2022, 89 FR 45837 (May 24, 2024) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Countervailing 
Duty Order on Certain Pasta from Italy; 2022,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Order 3
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    \3\ See Notice of Countervailing Duty order and Amended Final 
Affirmative Countervailing Duty Determination: Certain Pasta 
(``Pasta'') from Italy, 61 FR 38544 (July 24, 1996) (Order).
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    The merchandise covered by the Order is pasta from Italy. For a 
complete description of the scope of the Order,

[[Page 94709]]

see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised by the interested parties in their case briefs 
are addressed in the Issues and Decision Memorandum. The topics 
discussed and the issues raised by parties to which we responded in the 
Issues and Decision Memorandum are listed 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 
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 Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the comments received from interested 
parties, we made changes to the net countervailable subsidy rates for 
Sgambaro SpA. (Sgambaro). For a discussion of these changes, see the 
Issues and Decision Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Act. For each of the subsidy programs found 
to be 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.\4\ For a complete 
description of the methodology underlying all of Commerce's 
conclusions, including our reliance, in part, on facts otherwise 
available, including adverse facts available, pursuant to sections 
776(a) and (b) of the Act, see the Issues and Decision Memorandum.
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    \4\ 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

    Commerce determines that the following net countervailable subsidy 
rates exist for the period January 1, 2022, through December 31, 2022:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                       (percent ad
                                                             valorem)
------------------------------------------------------------------------
Pastificio Gentile S.r.l................................            0.94
Sgambaro SpA............................................            2.29
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose calculations and analysis performed 
for these 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).

Assessment Rates

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries of subject merchandise 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).

Cash Deposit Requirements

    In accordance with section 751(a)(1) and (a)(2)(C) of the Act, 
Commerce also intends to instruct CBP to collect cash deposits of 
estimated countervailing duties in the amounts shown for the companies 
listed above for shipments of subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
these final results of this administrative review. For all non-reviewed 
firms, we will instruct CBP to continue to collect cash deposits of 
estimated countervailing duties at the all-others rate or the most 
recent company-specific rate applicable to the company, as appropriate. 
These cash deposit requirements, effective upon publication of these 
final results, shall remain in effect until further notice.

Administrative Protective Order (APO)

    This notice also serves as a final reminder to parties subject to 
an 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: November 21, 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. Analysis of Program
VII. Discussion of Issues
    Comment 1: Whether Commerce Erred in the Sales Denominator Used 
when Calculating Subsidy Rates for Sgambaro
    Comment 2: Whether Commerce Erred in Finding the Preferential 
Financing for Export Law 394/81 to be Export Contingent
    Comment 3: Whether Commerce Erred in its Calculations for the 
Sabatini Law Program
    Comment 4: Whether the IRAP Program Is Countervailable
VIII. Recommendation

[FR Doc. 2024-27882 Filed 11-27-24; 8:45 am]
BILLING CODE 3510-DS-P
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