[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Notices]
[Pages 11172-11174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04340]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-819]


Certain Pasta From Italy: Final Results of Countervailing Duty 
Administrative Review; 2012

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

SUMMARY: The Department of Commerce (Department) conducted an 
administrative review of the countervailing duty (CVD) order on certain 
pasta from Italy. On August 25, 2014, we published the Preliminary 
Results for this administrative review.\1\ The period of review (POR) 
is January 1, 2012 through December 31, 2012. We find that DeMatteis 
Agroalimentare S.p.A. (also known as, De Matteis Agroalimentare SpA) 
(DeMatteis) received countervailable subsidies during the POR, and that 
Fratelli DeCecco di Filippo Fara San Martino S.p.A. (also known as, 
F.lli De Cecco di Filippo Fara San Martino S.p.A.) (DeCecco) received 
de minimis countervailable subsidies during the POR. As such, we are 
applying DeMatteis' rate to the other firms subject to this review that 
were not individually examined.
---------------------------------------------------------------------------

    \1\ See Certain Pasta From Italy: Preliminary Results and 
Partial Rescission of the Countervailing Duty Administrative Review; 
2012, 79 FR 50618 (August 25, 2014) (Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective Date: March 2, 2015.

FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Joshua Morris, AD/
CVD Operations, Office I, Enforcement and Compliance, U.S. Department 
of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-6478 or (202) 482-1779, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    In the Preliminary Results, we deferred our analysis of certain 
programs to a post-preliminary analysis. On October 30, 2014, we issued 
a post-preliminary analysis memorandum.\2\ We invited interested 
parties to file case briefs and rebuttal briefs following the release 
of the post-preliminary analysis memorandum. Only the Government of 
Italy (the GOI) filed a case brief.
---------------------------------------------------------------------------

    \2\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Post-Preliminary Analysis of 
Countervailing Duty Administrative Review: Certain Pasta from 
Italy'' (October 30, 2014).
---------------------------------------------------------------------------

Scope of the Order

    The scope of the Order consists of certain pasta from Italy.\3\ The 
merchandise subject to the order is

[[Page 11173]]

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 is dispositive. A full 
description of the scope of the Order is contained in the ``Issues and 
Decision Memorandum for Final Results of Countervailing Duty 
Administrative Review: Certain Pasta from Italy,'' from Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement 
and Compliance, dated February 23, 2015 (Issues and Decision 
Memorandum), and hereby adopted by this notice.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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).\4\ 
ACCESS is available to registered users at http://access.trade.gov and 
available to all parties in the Central Records Unit, room 7046 of the 
main Department building. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly on the Internet at 
http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content. A list of topics discussed in the Issues and Decision 
Memorandum is provided in the Appendix to this notice.
---------------------------------------------------------------------------

    \4\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (``ACCESS''). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------

Methodology

    We have conducted 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 countervailable, we determine 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.\5\ In making these findings, we have relied, in part, on an 
adverse inference in selecting from among the facts otherwise available 
because we find that the GOI did not act to the best of its ability to 
respond to our requests for information regarding certain programs.\6\
---------------------------------------------------------------------------

    \5\ 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. For a 
full description of the methodology underlying our conclusions, see 
Issues and Decision Memorandum.
    \6\ See sections 776(a) and (b) of the Act. For further 
discussion, see Issues and Decision Memorandum at ``Use of Facts 
Otherwise Available and Adverse Inferences.''
---------------------------------------------------------------------------

    DeMatteis reported that it made export sales of pasta to the United 
States through an unaffiliated trading company, Agritalia S.r.L. 
(Agritalia), during the POR. In the Preliminary Results, we stated our 
intent to re-examine the approach we used regarding subsidies to 
Agritalia in the Tenth Administrative Review,\7\ and we solicited 
comments in that regard.\8\ We received no comments on this issue.
---------------------------------------------------------------------------

    \7\ See Certain Pasta from Italy: Preliminary Results of the 
Tenth Countervailing Duty Administrative Review, 72 FR 43616, 43622 
(August 6, 2007), unchanged in Certain Pasta From Italy: Final 
Results of the Tenth (2005) Countervailing Duty Administrative 
Review, 73 FR 7251 (February 7, 2008) (collectively, Tenth 
Administrative Review).
    \8\ See Preliminary Results, 79 FR 50619.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.213(b) and 19 CFR 351.221(b), Agritalia is 
not a respondent in this review because a review was not requested for 
Agritalia. However, pursuant to 19 CFR 351.525(c), benefits from 
subsidies provided to a trading company which exports subject 
merchandise shall be cumulated with benefits from subsidies provided to 
the firm that is producing the subject merchandise that is sold through 
the trading company, regardless of whether the trading company and the 
producing firm are affiliated. Thus, for these final results, we are 
cumulating the benefits from subsidies received by Agritalia with the 
benefits from subsidies received by DeMatteis based on the percentage 
of DeMatteis' exports of subject merchandise to the United States that 
were made through Agritalia during the POR.\9\
---------------------------------------------------------------------------

    \9\ For further discussion, see Issues and Decision Memorandum 
at ``Subsidy Valuation Information.''
---------------------------------------------------------------------------

Final Results of the Review

    In accordance with 19 CFR 351.221(b)(5), we calculated individual 
subsidy rates for the mandatory respondents, DeMatteis and DeCecco.
    Three respondents were not selected for individual review: Ghigi 
Industria Agroalimentare in San Clemente srl, Pasta Granoro S.r.L. 
(also known as, Pastifico Attilio Mastromauro Granoro S.r.L), and 
Valdigrano di Flavio Pagani S.r.L. For these non-selected respondents, 
we assigned the CVD rate calculated for DeMatteis because it is the 
only rate calculated in this review that is not de minimis.\10\ As 
such, we find the net countervailable subsidy rate for the producers 
and/or exporters under review to be as follows:
---------------------------------------------------------------------------

    \10\ See, e.g., Certain Pasta From Italy: Preliminary Results of 
the 13th (2008) Countervailing Duty Administrative Review, 75 FR 
18806, 18811 (April 13, 2010), unchanged in Certain Pasta from 
Italy: Final Results of the 13th (2008) Countervailing Duty 
Administrative Review, 75 FR 37386 (June 29, 2010).

------------------------------------------------------------------------
                                                            Net subsidy
                    Producer/exporter                          rate
------------------------------------------------------------------------
DeMatteis Agroalimentare S.p.A. (also known as De                   1.72
 Matteis Agroalimentare SpA)............................
Fratelli DeCecco di Filippo Fara San Martino S.p.A.               * 0.19
 (also known as F.lli De Cecco di Filippo Fara San
 Martino S.p.A.)........................................
Ghigi Industria Agroalimentare in San Clemente srl......            1.72
Pasta Granoro S.r.L. (also known as, Pastifico Attilio              1.72
 Mastromauro Granoro S.r.L).............................
Valdigrano di Flavio Pagani S.r.L.......................            1.72
------------------------------------------------------------------------
* (De minimis.)

Assessment Rates

    Consistent with 19 CFR 351.212(b)(2), we intend to issue assessment 
instructions to the U.S. Customs and Border Protection (CBP) fifteen 
days after the date of publication of these final results. We will 
instruct CBP to assess countervailing duties on POR entries in the 
amounts shown above, except for entries of merchandise produced and/or 
exported by DeCecco, which will be liquidated without regard to 
countervailing duties because its subsidy rate is de minimis.

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, we intend to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown above on shipments of subject merchandise 
entered, or withdrawn

[[Page 11174]]

from warehouse, for consumption on or after the date of publication of 
the final results of this review, except that cash deposits of zero 
percent will be required for entries from DeCecco because its subsidy 
rate is de minimis. For all non-reviewed companies (except Barilla G. e 
R. F.lli S.p.A. and Gruppo Agricoltura Sana S.r.l., which are excluded 
from the order,\11\ and Pasta Lensi S.r.l., which was revoked from the 
Order),\12\ we will instruct CBP to continue to collect cash deposits 
at the most recent company-specific or all-others rate applicable to 
the company. Accordingly, the cash deposit rates that will be applied 
to companies covered by the Order, but not examined in this review, are 
those established in the most recently completed segment of the 
proceeding for each company. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \11\ See Order, 61 FR at 38545.
    \12\ See Certain Pasta from Italy: Final Results of the Ninth 
Countervailing Duty Administrative Review and Notice of Revocation 
of Order, in Part, 71 FR 36318, 36319-36320 (June 26, 2006).
---------------------------------------------------------------------------

Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
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 return or 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 these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: February 23, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Use of Facts Otherwise Available and Adverse Inferences
5. Subsidy Valuation Information
6. Analysis of Programs
7. Analysis of Comment: Application of Adverse Facts Available (AFA) 
for Sgravi Programs
8. Recommendation

[FR Doc. 2015-04340 Filed 2-27-15; 8:45 am]
BILLING CODE 3510-DS-P