8604 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 

1See Certain Pasta From Italy: Preliminary 

Results of Antidumping Duty Administrative 

Review and Partial Rescission; 2012–2013, 79 FR 

50614 (August 25, 2014) (Preliminary Results). 

2The ‘‘Rummo Group’’ consists of Rummo S.p.A., 

a producer and seller of subject merchandise, Lenta 

Lavorazione, a seller of subject merchandise, Pasta 

Castiglioni, a producer and seller of subject 

merchandise, and the ultimate holding company 

(with no operations), Rummo S.p.A. Molino e 

Pastificio (collectively, ‘‘Rummo’’). 

3The non-selected companies are: Alica srl 

(Alica); Dalla Costa Alimentare srl; Delverde 

Industrie Alimentari S.p.A.; Ghigi Industria 

Agroalimentare in San Clemente srl; Pasta Lensi 

S.r.l (Lensi); Pasta Zara S.p.A.; Pastificio Toscano 

srl; Valdigrano di Flavio Pagani S.r.L. We 

rescinded, in part, this administrative review with 

respect to Alica and Lensi. 

4See Preliminary Results. 

5The Department issued the briefing schedule in 

a Memorandum to the File, dated January 7, 2014. 

This briefing schedule indicated that the case and 

rebuttal briefs were due by close of business 

January 15, 2014 and January 22, 2014, respectively. 

6The Petitioners are New World Pasta Company 

and Dakota Growers Pasta Company. 

7See the hearing transcript dated November 13, 

2014, which 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 (CRU), room 7046 of the main 

Department of Commerce building. 

8Because February 21, 2015, is a Saturday, the 

deadline for the final results will be Monday, 

February 23, 2015. 

9For a full description of the scope of the order, 

see the ‘‘Issues and Decision Memorandum for the 

Final Results of the 17th Antidumping Duty 

Administrative Review: Certain Pasta from Italy; 

2012–2013’’ from Christian Marsh, Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations, to Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance, dated concurrently with this notice 

(Issues and Decision Memorandum). 

10 Id. 

2 Feirongda Weaving Material Co. Ltd. 

3 Hangzhou Qingqing Mechanical Co. Ltd. 

4 Hangzhou Yingqing Material Co. Ltd 

5 Hongye (HK) Group Development Co. Ltd. 

6 Liaoning Metals & Mineral Imp/Exp Corp. 

7 Nanton Eason Foreign Trade Co., Ltd. 

8 Ningbo Bingcheng Import & Export Co., 

Ltd. 

9 Ningbo Peacebird Import & Export Co., 

Ltd. 

10 Shang Zhou Leather Shoes Plant 

11 Shanghai Bao Heng Relay Making Co., 

Ltd. 

12 Shanghai Ding Ying Printing & Dyeing 

Co. Ltd. 

13 Shanghai Ganghun Beddiry Clothing 

Factory 

14 Shanghai Guoxing Metal Products Co. 

Ltd. 

15 Shanghai Jianhai International Trade Co., 

Ltd. 

16 Shanghai Lian Development Co. Ltd. 

17 Shanghai Shuang Qiang Embroidery 

Factory 

18 Shanghai Tonghui 

19 Shangyu Baoli Electro Chemical 

Aluminum Products Co., Ltd. 

20 Shangyu Baoxiang Metal Manufactured 

Co. Ltd. 

21 Shangyu Tongfang Labour Protective 

Articles Co., Ltd. 

22 Shaoxing Guochao Metallic Products Co., 

Ltd. 

23 Shaoxing Liangbao Metal Manufactured 

Co. Ltd. 

24 Shaoxing Meideli Hanger Co. Ltd. 

25 Shaoxing Shunji Metal Clotheshorse Co., 

Ltd. 

26 Shaoxing Shuren Tie Co., Ltd. 

27 Shaoxing Zhongbao Metal Manufactured 

Co., Ltd. 

28 Shaoxing Zhongdi Foreign Trade Co., Ltd. 

29 Tianjin Innovation International 

30 Tianjin Tailai Import and Export Co. Ltd. 

31 Wesken International (Kunshan) Co. Ltd. 

32 Xia Fang Hanger (Cambodia) Co., Ltd. 

33 Zhejiang Hongfei Plastic Industry Co. Ltd. 

34 Zhejiang Jaguar Import and Export Co. 

Ltd. 

35 Zhejiang Lucky Cloud Hanger Co., Ltd. 

[FR Doc. 2015–03193 Filed 2–17–15; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–475–818] 

Certain Pasta From Italy: Final Results 

of Antidumping Duty Administrative 

Review; 2012–2013 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On August 25, 2014, the 

Department of Commerce (the 

Department) published the Preliminary 

Results of the antidumping duty 

administrative review of certain pasta 

from Italy and provided interested 

parties an opportunity to comment.1

The review initially covered two 

mandatory respondents, Molino e 

Pastificio Tomasello S.p.A. (Tomasello), 

and Rummo,2 and eight non-selected 

companies.3 We rescinded the review 

with respect to Alica and Lensi in the 

Preliminary Results.4 The period of 

review (POR) is July 1, 2012, through 

June 30, 2013. As a result of our analysis 

of the comments and information 

received, these final results differ from 

the Preliminary Results. For the final 

weighted-average dumping margin, see 

the ‘‘Final Results of Review’’ section 

below. 

DATES: Effective Date: February 18, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Moore (Tomasello) or Cindy 

Robinson (Rummo), AD/CVD 

Operations, Office III, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone: (202) 482–3692 or (202) 482– 

3797, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 25, 2014, the Department 

published the Preliminary Results. In 

accordance with 19 CFR 

351.309(c)(1)(ii), we invited parties to 

comment on our Preliminary Results.5

On September 24, 2014, Rummo and 

Tomasello submitted case briefs. On 

September 24, 2014, Rummo also 

requested a hearing. On October 3, 2014, 

Petitioners 6 filed a rebuttal brief with 

respect to Rummo. On November 13, 

2014, the Department held a public 

hearing.7 On December 19, 2014, the 

Department issued a memorandum 

extending the time period for issuing 

the final results of this administrative 

review from December 23, 2013 to 

February 21, 2014.8

Scope of the Order 

Imports covered by the order are 

shipments of certain non-egg dry pasta. 

The merchandise subject to review 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.9

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

administrative review are addressed in 

the Issues and Decision 

Memorandum.10 A list of the issues that 

parties raised and to which we 

responded is attached to this notice as 

an Appendix. The Issues and Decision 

Memorandum is a public document and 

is on-file electronically via ACCESS. 

ACCESS is available to registered users 

at http://access.trade.gov and in the 

CRU. In addition, a complete version of 

the Issues and Decision Memorandum 

can be accessed directly on the Internet 

at http://enforcement.ita.doc.gov/frn/

index.html. The signed Issues and 

Decision Memorandum and the 

electronic versions of the Issues and 

Decision Memorandum are identical in 

content. 

Changes Since the Preliminary Results 

Based on a review of the record and 

comments received from interested 

parties regarding our Preliminary 

Results, we recalculated Rummo’s and 

Tomasello’s weighted-average dumping 

margins for these final results. 


emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8605 

11See Issues and Decision Memorandum at 

comment 4; see also Memorandum to the File, 

Through Eric B. Greynolds, Program Manager, 

Office III, from Cindy Robinson, Case Analyst, 

Office III, titled ‘‘Certain Pasta from Italy: 

Calculation Memorandum—the Rummo Group,’’ 

dated December 23, 2014 (Rummo Calc. Memo), for 

details. 

12See Issues and Decision Memorandum at 

comment 5 and Rummo Calc. Memo for details. 

13See Sales Analysis Memorandum for the Final 

Results for Molino e Pastificio Tomasello S.p.A. 

(Tomasello). 

14The rate applied to the non-selected companies 

is a weighted-average percentage margin calculated 

based on the publicly-ranged U.S. volumes of the 

two reviewed companies with an affirmative 

dumping margin, for the period July 1, 2012, 

through June 30, 2013. See Memorandum to the 

File, titled, ‘‘Certain Pasta from Italy: Margin for 

Respondents Not Selected for Individual 

Examination,’’ from Stephanie Moore, Case Analyst, 

through Eric B. Greynolds, Program Manager, dated 

concurrently with this notice. 

15 In these final results, the Department applied 

the assessment rate calculation method adopted in 

Antidumping Proceedings: Calculation of the 

Weighted-Average Dumping Margin and 

Assessment Rate in Certain Antidumping 

Proceedings: Final Modification, 77 FR 8101 

(February 14, 2012). 

16See Antidumping and Countervailing Duty 

Proceedings: Assessment of Antidumping Duties, 

68FR 23954 (May 6, 2003) (Automatic Assessment 

Clarification). 

For Rummo, we revised our margin 

program by utilizing the nonconsolidated customer code for one of 

Rummo’s consolidated customers.11 As 

a result of this change, we applied the 

average-to-average (A-to-A) comparison 

to calculate Rummo’s weighted-average 

dumping margin. In addition, we made 

a correction to our margin program for 

Rummo’s U.S. direct selling expenses 

which were inadvertently double 

counted in the Preliminary Results.12

We made a change to our margin 

program for Tomasello with respect to 

certain billing adjustments. As a result 

of this revision, we applied the averageto-transaction (A-to-T) method for the 

U.S. sales passing the Cohen’s d test and 

the A-to-A method for the U.S. sales not 

passing the Cohen’s d test to calculate 

the weighted-average dumping margin 

for Tomasello.13

As a result of the aforementioned 

recalculations of Tomasello’s and 

Rummo’s rates, the weighted-average 

dumping margin for the six non-selected 

companies changed. 

Final Results of the Review 

As a result of this review, the 

Department determines the following 

weighted-average dumping margins 14

for the period July 1, 2012, through June 

30, 2013, are as follows: 

Producer and/or Exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Rummo S.p.A. Molino e 

Pastificio, Rummo S.p.A., 

Lenta Lavorazione, and 

Pasta Castiglioni (collectively 

the Rummo Group) ............... 4.26 

Molino e Pastificio Tomasello 

S.p.A. .................................... 1.71 

Dalla Costa Alimentare srl ........ 2.36 

Producer and/or Exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Delverde Industrie Alimentari 

S.p.A ..................................... 2.36 

Ghigi Industria Agroalimentare 

in San Clemente srl .............. 2.36 

Valdigrano di Flavio Pagani 

S.r.L ....................................... 2.36 

Pasta Zara S.p.A ...................... 2.36 

Pastificio Toscano srl; .............. 2.36 

Duty Assessment 

The Department shall determine and 

the CBP shall assess antidumping duties 

on all appropriate entries.15 For any 

individually examined respondents 

whose weighted-average dumping 

margin is above de minimis, we 

calculated importer-specific ad valorem 

duty assessment rates based on the ratio 

of the total amount of dumping 

calculated for the importer’s examined 

sales to the total entered value of those 

same sales in accordance with 19 CFR 

351.212(b)(1). Upon issuance of the final 

results of this administrative review, if 

any importer-specific assessment rates 

calculated in the final results are above 

de minimis (i.e., at or above 0.5 percent), 

the Department will issue appraisement 

instructions directly to CBP to assess 

antidumping duties on appropriate 

entries. 

To determine whether the duty 

assessment rates covering the period 

were de minimis, in accordance with 

the requirement set forth in 19 CFR 

351.106(c)(2), for each respondent we 

calculated importer (or customer)- 

specific ad valorem rates by aggregating 

the amount of dumping calculated for 

all U.S. sales to that importer or 

customer and dividing this amount by 

the total entered value of the sales to 

that importer (or customer). Where an 

importer (or customer)-specific ad 

valorem rate is greater than de minimis, 

and the respondent has reported reliable 

entered values, we apply the assessment 

rate to the entered value of the 

importer’s/customer’s entries during the 

review period. Where an importer (or 

customer)-specific ad valorem rate is 

greater than de minimis and we do not 

have reliable entered values, we 

calculate a per-unit assessment rate by 

aggregating the amount of dumping for 

all U.S. sales to each importer (or 

customer) and dividing this amount by 

the total quantity sold to that importer 

(or customer). 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003.16 This clarification will 

apply to entries of subject merchandise 

during the POR produced by the 

respondent for which it did not know its 

merchandise was destined for the 

United States. In such instances, we will 

instruct CBP to liquidate unreviewed 

entries at the all-others rate if there is no 

rate for the intermediate company(ies) 

involved in the transaction. For a full 

discussion of this clarification, see the 

Automatic Assessment Clarification. 

We intend to issue assessment 

instructions directly to CBP 15 days 

after publication of the final results of 

this review. 

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 subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication of the final results of this 

administrative review, as provided by 

section 751(a)(2) of the Act: (1) The cash 

deposit rate for respondents noted above 

will be the rate established in the final 

results of this administrative review; (2) 

for merchandise exported by 

manufacturers or exporters 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; 

(3) if the exporter is not a firm covered 

in this review, a prior review, or the 

original investigation, but the 

manufacturer is, the cash deposit rate 

will be the rate established for the most 

recently completed segment of this 

proceeding for the manufacturer of the 

subject merchandise; and (4) the cash 

deposit rate for all other manufacturers 

or exporters will continue to be 15.45 

percent, the all-others rate established 

in the antidumping investigation as 

modified by the section 129 

determination. These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers Regarding the 

Reimbursement of Duties 

This notice also serves as a final 

reminder to importers of their 

responsibility under 19 CFR 351.402(f) 


emcdonald on DSK67QTVN1PROD with NOTICES
8606 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 

1See Certain Circular Welded Non-Alloy Steel 

Pipe From Mexico: Final Results of Antidumping 

Duty Administrative Review, 76 FR 36086 (June 21, 

2011) (Final Results). 

2See Mueller Comercial de Mexico, S. de R.L. de 

C.V. v. United States, Court No. 11–00319, Slip Op. 

12–156 (December 21, 2012). 

3See Mueller Comercial de Mexico, S. de R.L. de 

C.V. v. United States, Court No. 11–00319, Slip Op. 

13–57 (May 2, 2013). 

4See Mueller Comercial de Mexico, S. de R.L. de 

C.V. v. United States, 753 F.3rd 1227 (Fed. Circ., 

2014). 

5 Id., at 1235–36. 

6See Mueller Comercial de Mexico, S. de R.L. de 

C.V. v. United States, Court No. 11–00319, Slip Op. 

15–9 (February 6, 2015). 

to file a certificate regarding the 

reimbursement of antidumping and/or 

countervailing duties prior to 

liquidation of the relevant entries 

during the POR. Failure to comply with 

this requirement could result in the 

Department’s presumption that 

reimbursement of antidumping and/or 

countervailing duties occurred and the 

subsequent assessment of doubled 

antidumping duties. 

Administrative Protective Order 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (APO) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3), which 

continues to govern business 

proprietary information in this segment 

of the proceeding. Timely written 

notification of the return/destruction of 

APO materials, or conversion to judicial 

protective order, is hereby requested. 

Failure to comply with the regulations 

and the terms of an APO is a 

sanctionable violation. 

We are issuing and publishing this 

notice in accordance with sections 

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

CFR 351.213(h). 

Dated: February 10, 2015. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

List of Topics Discussed in the Final Issues 

and Decision Memorandum 

I. Summary 

II. Background 

III. Scope 

IV. List of Comments 

Comment 1: Consideration of an 

Alternative Comparison Method in 

Administrative Reviews 

Comment 2: The Utilization of the Cohen’s 

d Test in Differential Pricing Analysis 

Comment 3: Application of the Average-toTransaction Method to Non-dumped 

U.S. Sales 

Comment 4: Definition of ‘‘Purchaser’’ in 

the Differential Pricing Analysis 

Comment 5: Correction for Rummo’s U.S. 

Direct Selling Expenses 

Comment 6: The Commission Offset for 

Rummo’s Constructed Export Price (CEP) 

Sales 

Comment 7: Treatment of Tomasello’s 

Billing Adjustments 

V. Analysis 

VI. Recommendation 

[FR Doc. 2015–03334 Filed 2–17–15; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–201–805] 

Certain Circular Welded Non-Alloy 

Steel Pipe from Mexico: Notice of 

Amended Final Results of 

Antidumping Duty Administrative 

Review Pursuant to Settlement 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective: February 18, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Mark Flessner or Robert James, AD/CVD 

Operations, Office VI, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone: (202) 482–6312 and (202) 

482–0649, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 9, 2010, the Department of 

Commerce (the Department) published 

the final results of its administrative 

review of the antidumping duty order 

on certain circular welded non-alloy 

steel pipe from Mexico. The period of 

review (POR) is November 1, 2008, 

through October 31, 2009.1

In the Final Results, the Department 

assigned to Mueller Comercial de 

Mexico, S. de R.L. de C.V. (Mueller), an 

exporter of certain circular welded nonalloy steel pipe from Mexico to the 

United States, a rate of 19.81 percent for 

the 2008–09 period of review. The 

Department had conducted 

administrative reviews of Mueller, 

Tuberia Nacional, S.A. de C.V. (TUNA), 

and Ternium, S.A.de C.V. (Ternium). 

The Department based Mueller’s 

margin, in part, on facts available 

because an unaffiliated supplier refused 

to supply the Department with its costs 

of production, necessary to conduct the 

sales-below-cost test on Mueller’s home 

market sales. 

Following the publication of the Final 

Results, Mueller filed a lawsuit with the 

United States Court of International 

Trade (CIT) challenging the 

Department’s final results of 

administrative review.2 The CIT upheld 

the Department’s final results.3 Mueller 

timely appealed to the United States 

Court of Appeals for the Federal Circuit 

(CAFC or Court).4 The CAFC remanded 

for the Department to reconsider the 

margin calculated for Mueller.5

The United States and Mueller have 

now entered into an agreement to settle 

this dispute. The Court issued its 

amended Order of Judgment by 

Stipulation on February 6, 2015.6

Pursuant to the Court’s amended Order 

of Judgment by Stipulation, the 

amended final weighted-average 

dumping margin for Mueller Comercial 

de Mexico, S. de R.L. de C.V. is 13.70 

percent, as agreed to by the parties. 

Assessment Rates 

The Department shall determine, and 

CBP shall assess, antidumping duties on 

all appropriate entries covered by this 

review pursuant to section 751(a)(2)(C) 

of the Act and 19 CFR 351.212(b). The 

Department intends to issue assessment 

instructions to CBP within 15 days after 

the date of publication of these 

amended final results of review in the 

Federal Register. 

Because Mueller’s weighted-average 

dumping margin is not zero or de 

minimis (i.e., less than 0.5 percent), the 

Department has calculated importerspecific antidumping duty assessment 

rates. We calculated importer-specific 

ad valorem antidumping duty 

assessment rates by aggregating the total 

amount of dumping calculated for the 

examined sales of each importer and 

dividing each of these amounts by the 

total entered value associated with those 

sales. We will instruct CBP to assess 

antidumping duties on all appropriate 

entries covered by this review where an 

importer-specific assessment rate is not 

zero or de minimis. Pursuant to 19 CFR 

351.106(c)(2), we will instruct CBP to 

liquidate without regard to antidumping 

duties any entries for which the 

importer-specific assessment rate is zero 

or de minimis. 

Cash Deposit Requirements 

The cash deposit rate for Mueller will 

be that stipulated in the settlement 

agreement, 13.70 percent. 

Notification to Importers 

This notice also serves as a final 

reminder to importers of their 


emcdonald on DSK67QTVN1PROD with NOTICES