[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8604-8606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03334]


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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rescinded the review with respect to Alica and Lensi in the Preliminary 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.
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    \1\ See Certain Pasta From Italy: Preliminary Results of 
Antidumping Duty Administrative Review and Partial Rescission; 2012-
2013, 79 FR 50614 (August 25, 2014) (Preliminary Results).
    \2\ The ``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'').
    \3\ The 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Flavio Pagani S.r.L. We rescinded, in part, this administrative 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.
    \4\ See Preliminary Results.

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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\
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    \5\ The 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.
    \6\ The Petitioners are New World Pasta Company and Dakota 
Growers Pasta Company.
    \7\ See 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.
    \8\ Because February 21, 2015, is a Saturday, the deadline for 
the final results will be Monday, February 23, 2015.
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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\
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    \9\ For 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).
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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.
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    \10\ Id.
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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.

[[Page 8605]]

    For Rummo, we revised our margin program by utilizing the non-
consolidated 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\
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    \11\ See 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.
    \12\ See Issues and Decision Memorandum at comment 5 and Rummo 
Calc. Memo for details.
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    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 average-to-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\
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    \13\ See Sales Analysis Memorandum for the Final Results for 
Molino e Pastificio Tomasello S.p.A. (Tomasello).
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    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:
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    \14\ The 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.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                  Producer and/or Exporter                     dumping
                                                                margin
                                                              (percent)
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Rummo S.p.A. Molino e Pastificio, Rummo S.p.A., Lenta               4.26
 Lavorazione, and Pasta Castiglioni (collectively the Rummo
 Group)....................................................
Molino e Pastificio Tomasello S.p.A........................         1.71
Dalla Costa Alimentare srl.................................         2.36
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
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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.
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    \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).
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    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.
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    \16\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68FR 23954 (May 6, 2003) 
(Automatic Assessment Clarification).
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    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)

[[Page 8606]]

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-to-Transaction 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