Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 41827 

1See Notice of Antidumping Duty Order and 

Amended Final Determination of Sales at Less 

Than Fair Value: Certain Pasta from Italy, 61 FR 

38547 (July 24, 1996) (Order). 

2See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 85 FR 

54983 (September 3, 2020). 

3See Certain Pasta from Italy: Notice of Partial 

Rescission of Antidumping Duty Administrative 

Review, 86 FR 7700 (February 1, 2021). 

4See Memorandum, ‘‘2019–2020 Antidumping 

Duty Administrative Review of Certain Pasta from 

Italy: Respondent Selection,’’ dated October 15, 

2020. 

5See Memorandum, ‘‘Preliminary Affiliation and 

Collapsing Memorandum for Liguori Pastificio dal 

1820 S.p.A. and Pastificio della Forma S.r.l,’’ dated 

concurrently with this notice. 

6See Memorandum, ‘‘Certain Pasta: Extension of 

Time Limit for Preliminary Results of Antidumping 

Duty Administrative Review; 2019/2020,’’ dated 

March 2, 2021. 

7See Memorandum, ‘‘Issues and Decision 

Memorandum for the Preliminary Results of 

Antidumping Duty Administrative Review: Certain 

Pasta from Italy; 2019–2020,’’ dated concurrently 

with, and hereby adopted by, this notice 

(Preliminary Decision Memorandum). 

8See, e.g., Ball Bearings and Parts Thereof from 

France, Germany, Italy, Japan, and the United 

Kingdom: Final Results of Antidumping Duty 

Administrative Reviews and Rescission of Reviews 

in Part, 73 FR 52823, 52824 (September 11, 2008), 

and accompanying Issues and Decision 

Memorandum at Comment 16. 

deadline (including a specified time) by 

which extension requests must be filed 

to be considered timely. This policy also 

requires that an extension request must 

be made in a separate, stand-alone 

submission, and clarifies the 

circumstances under which Commerce 

will grant untimely-filed requests for the 

extension of time limits. Please review 

the Final Rule, available at https://

www.gpo.gov/fdsys/pkg/FR-2013-09-20/ 

html/2013-22853.htm, prior to 

submitting factual information in these 

segments. 

These initiations and this notice are 

in accordance with section 751(a) of the 

Act (19 U.S.C. 1675(a)) and 19 CFR 

351.221(c)(1)(i). 

Dated: July 29, 2021. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2021–16497 Filed 8–2–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–475–818] 

Certain Pasta From Italy: Preliminary 

Results of Antidumping Duty 

Administrative Review; 2019–2020 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) is conducting an 

administrative review of the 

antidumping duty (AD) order on certain 

pasta (pasta) from Italy, covering the 

period July 1, 2019, through June 30, 

2020. We preliminarily determine that 

La Molisana S.p.A. (La Molisana) sold 

pasta from Italy at less than normal 

value during the period of review (POR), 

and that Liguori Pastificio dal 1820 

S.p.A. (Liguori) and Pastificio Della 

Forma S.r.l. (Della Forma) did not sell 

subject merchandise at less than normal 

value during the POR. Interested parties 

are invited to comment on these 

preliminary results. 

DATES: Applicable August 3, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Hall-Eastman and John 

Hoffner, AD/CVD Operations, Office III, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–1468 

and (202) 482–3315, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 24, 1996, Commerce 

published the AD order in the Federal 

Register.1 On September 3, 2020, 

pursuant to section 751(a)(1) of the 

Tariff Act of 1930, as amended (the Act), 

Commerce initiated an administrative 

review of the Order covering the 

following companies: Agritalia S.r.L., 

Armonie D’Italia srl, F. Divella S.p.A., 

La Molisana, Liguori, Pasta Castiglioni, 

Pasta Zara, S.p.A, Pastificio Della Forma 

S.r.l. (Della Forma), Pastificio C.A.M.S. 

Srl, and Pastificio Fratelli De Luca S.r.l, 

and Rummo S.p.A. (Rummo).2 On 

February 1, 2021, Commerce rescinded 

the review of Rummo and its subsidiary 

Pasta Castiglioni.3 On October 15, 2010, 

we selected La Molisana and Liguori for 

individual examination in this review.4

Further, we have preliminarily 

collapsed Liguori and Della Forma and 

have considered these two companies to 

constitute a single entity.5

On March 2, 2021, Commerce 

extended the deadline for the 

preliminary results to July 30, 2021.6

For a complete description of the events 

that followed the initiation of this 

review, see the Preliminary Decision 

Memorandum.7

Scope of the Order 

The products covered by this order 

are certain pasta from Italy. For a full 

description of the scope, see the 

Preliminary Decision Memorandum. 

Methodology 

Commerce is conducting this review 

in accordance with section 751(a)(1)(B) 

of the Act. Export price was calculated 

in accordance with section 772 of the 

Act. Normal value was calculated in 

accordance with section 773 of the Act. 

For a full description of the 

methodology underlying our 

conclusions, see the Preliminary 

Decision Memorandum. 

The Preliminary 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 Preliminary 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn/index.html. A list of topics 

discussed in the Preliminary Decision 

Memorandum is attached as an 

appendix to this notice. 

Rate for Non-Selected Companies 

The statute and Commerce’s 

regulations do not address the 

determination of a weighted-average 

dumping margin for individual 

companies not selected for individual 

examination when Commerce limits its 

examination in an administrative review 

pursuant to section 777A(c)(2) of the 

Act. Generally, Commerce looks to 

section 735(c)(5) of the Act, which 

provides instructions for calculating the 

all-others rate in an investigation, for 

guidance when determining the 

weighted-average dumping margin for 

companies which we did not examine 

in an administrative review. Section 

735(c)(5)(A) of the Act establishes a 

preference to avoid using rates which 

are zero, de minimis, or based entirely 

on facts available in calculating an allothers rate. Accordingly, Commerce’s 

practice in an administrative review has 

been to average the weighted-average 

dumping margins for the companies 

selected for individual examination in 

the administrative review, excluding 

rates that are zero, de minimis, or based 

entirely on facts available.8 For the 

preliminary results of this review, we 

calculated a weighted-average dumping 

margin for La Molisana that is not zero, 

de minimis or based entirely on facts 

available, while we have calculated a 

weighted-average dumping margin for 

Liguori/Della Forma that is de minimis. 

Therefore, consistent with our practice, 

we have determined the weightedaverage dumping margin for the 

companies not selected for individual 

examination that is equal to the 


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41828 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 

9Though there was no request for review of Ghigi 

1870 S.p.A., Commerce previously collapsed Ghigi 

1870 S, p, A, and Pasta Zara S.p.A. See Certain 

Pasta from Italy: Preliminary Results of 

Antidumping Duty Administrative Review; 2015– 

2016, 82 FR 36126 (August 3, 2017), and 

accompanying Preliminary Decision Memorandum 

at 5; unchanged in Certain Pasta from Italy: Final 

Results of Antidumping Duty Administrative 

Review; 2015–2016, 82 FR 5742 (December 5, 2017). 

10 In these preliminary results, Commerce applied 

the assessment rate calculation method adopted in 

Antidumping Proceedings: Calculation of the 

Weighted-Average Dumping Margin and 

Assessment Rate in Certain Antidumping Duty 

Proceedings; Final Modification, 77 FR 8101 

(February 14, 2012). 

11See Implementation of the Findings of the WTO 

Panel in US—Zeroing (EC): Notice of 

Determinations Under Section 129 of the Uruguay 

Round Agreements Act and Revocations and Partial 

Revocations of Certain Antidumping Duty Orders, 

72 FR 25261 (May 4, 2007). 

12 Id. 

13See 19 CFR 351.224(b). 

14See 19 CFR 351.309(d)(1) and (2); see also 

Temporary Rule Modifying AD/CVD Service 

Requirements Due to COVID–19, 85 FR 17006 

(March 26, 2020); and Temporary Rule Modifying 

AD/CVD Service Requirements Due to COVID–19; 

Extension of Effective Period, 85 FR 41363 (July 10, 

2020) (collectively, Temporary Rule). 

15See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 

351.303 (for general filing requirements). 

16See generally 19 CFR 351.303. 

17See Temporary Rule. 

weighted-average dumping margin 

calculated for La Molisana. 

Preliminary Results of the Review 

As a result of this review, we 

preliminarily determine the following 

weighted-average dumping margins 

exist for the POR: 

Exporter or producer 

Weightedaverage 

dumping 

margin 

(percent) 

La Molisana S.p.A ...................... 1.61 

Liguori Pastificio dal 1820 S.p.A. 

and Pastificio Della Forma 

S.r.l .......................................... 0.00 

Review-Specific Average Rate Applicable 

to the Following Companies 

Agritalia S.r.L .............................. 1.61 

Armonie D’Italia srl ..................... 1.61 

F. Divella S.p.A ........................... 1.61 

Pasta Zara, S.p.A./Ghigi 1870 

S.p.A.9 ..................................... 1.61 

Pastificio C.A.M.S. Srl ................ 1.61 

Pastificio Fratelli De Luca S.r.l ... 1.61 

Assessment Rates 

Upon issuance of the final results, 

Commerce shall determine, and CBP 

shall assess, antidumping duties on all 

appropriate entries covered by this 

review. If a mandatory respondent’s 

weighted-average dumping margin is 

not zero or de minimis in the final 

results of this review, we will calculate 

importer-specific assessment rates based 

on the ratio of the total amount of 

dumping calculated for each importer’s 

examined sales and the total entered 

value of those sales in accordance with 

19 CFR 351.212(b)(1).10 If a 

respondent’s weighted-average dumping 

margin or an importer-specific 

assessment rate is zero or de minimis in 

the final results of review, we will 

instruct CBP to liquidate the appropriate 

entries without regard to antidumping 

duties. 

In accordance with Commerce’s 

reseller policy, for entries of subject 

merchandise during the POR produced 

or exported by produced by La Molisana 

or Liguori/Della Forma which did not 

know that its merchandise was destined 

for the United States, we will instruct 

CBP to liquidate entries not reviewed at 

the all-others rate of 15.45 percent, the 

all-others rate established in the lessthan-fair-value (LTFV) investigation as 

modified by the section 129 

determination.11

For the companies which were not 

individually examined, we will instruct 

CBP to assess antidumping duties at a 

rate that is equal to the companyspecific weighted-average dumping 

margin determined in the final results of 

review. 

The final results of this administrative 

review shall be the basis for the 

assessment of antidumping duties on 

entries of merchandise under review 

and for future deposits of estimated 

duties, where applicable. 

We intend to issue liquidation 

instructions to CBP no earlier than 35 

days after date of 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 

The cash deposit rate for companies 

subject to this review will be as follows: 

(1) For the companies listed above in 

the final results of review, the cash 

deposit rate will be equal to the 

weighted-average dumping margin 

established in the final results of the 

review; (2) for merchandise exported by 

a company not covered in this review 

but covered in a prior completed 

segment of this proceeding, then the 

cash deposit rate will continue to be the 

company-specific rate published for the 

most recent period; (3) if the exporter is 

not a firm covered in this review, a prior 

completed review, or the LTFV 

investigation but the producer is, then 

the cash deposit rate will be the 

company-specific rate established for 

the most recently completed segment for 

the producer of the merchandise; (4) the 

cash deposit rate for all other producers 

and exporters will continue to be the 

15.45 percent, the all-others rate 

established in the section 129 review 

subsequent to the LTFV investigation.12

These cash deposit requirements, 

when imposed, shall remain in effect 

until further notice. 

Disclosure 

We intend to disclose the calculations 

performed in these preliminary results 

to parties in this proceeding within five 

days of the date of publication of this 

notice.13

Public Comment 

Pursuant to 19 CFR 351.309(c)(1)(ii), 

interested parties may submit case briefs 

not later than 30 days after the date of 

publication of this notice. Rebuttal 

briefs, limited to issues raised in the 

case briefs, may be filed no later than 

seven days after the date for filing case 

briefs.14 Parties who submit case briefs 

or rebuttal briefs in this proceeding are 

requested to submit with each 

argument: (1) A statement of the issue; 

(2) a brief summary of the argument; 

and (3) a table of authorities.15

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, must submit a 

written request to the Assistant 

Secretary for Enforcement and 

Compliance, within 30 days after the 

date of publication of this notice. 

Requests should contain: (1) The party’s 

name, address, and telephone number; 

(2) the number of participants; and (3) 

a list of issues to be discussed. If a 

request for a hearing is made, Commerce 

intends to hold the hearing at a time and 

date to be determined. Parties should 

confirm by telephone the date, time, and 

location hearing two days before the 

scheduled date. 

All briefs must be filed electronically 

using ACCESS.16 An electronically filed 

document must be received successfully 

in its entirety by Commerce’s electronic 

records system, ACCESS, by 5:00 p.m. 

Eastern Time on the date that the 

submission is due. Note that Commerce 

has temporarily modified certain of its 

requirements for serving documents 

containing business proprietary 

information, until further notice.17

Final Results of Review 

We intend to issue the final results of 

this administrative review, including 


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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 41829 

1See Pure Magnesium from the People’s Republic 

of China: Preliminary Results of Antidumping 

Administrative Review; 2019–20, 86 FR 17360 

(April 2, 2021) (Preliminary Results). 

2See Notice of Antidumping Duty Orders: Pure 

Magnesium from the People’s Republic of China, 

the Russian Federation and Ukraine; Notice of 

Amended Final Determination of Sales at Less 

Than Fair Value: Antidumping Duty Investigation 

of Pure Magnesium from the Russian Federation, 60 

FR 25691 (May 12, 1995) (Order). 

3The meaning of this term is the same as that 

used by the American Society for Testing and 

Materials (ASTM) in its Annual Book for ASTM 

Standards: Volume 01.02 Aluminum and 

Magnesium Alloys. 

4 In the 2011–2012 administrative review of the 

Order, Commerce collapsed TMM and TMI, and 

treated the companies as a single entity for 

purposes of the proceeding. Because there were no 

changes to the facts which supported that decision 

since that determination was made, we continue to 

treat these companies as part of a single entity for 

this administrative review. See Pure Magnesium 

from the People’s Republic of China: Final Results 

of Antidumping Duty Administrative Review; 2011– 

2012, 79 FR 94 (January 2, 2014), and 

accompanying Issues and Decision Memorandum at 

Comment 5. 

the results of our analysis of the issues 

raised in any written briefs, not later 

than 120 days after the date of 

publication of this notice, pursuant to 

section 751(a)(3)(A) of the Act. 

Notification to Importers 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping and/or countervailing 

duties prior to liquidation of the 

relevant entries during this review 

period. Failure to comply with this 

requirement could result in Commerce’s 

presumption that reimbursement of 

antidumping and/or countervailing 

duties occurred and the subsequent 

assessment of double antidumping 

duties. 

Notification to Interested Parties 

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(h)(1). 

Dated: July 28, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix—List of Topics Discussed in 

the Preliminary Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Affiliation and Collapsing 

V. Discussion of the Methodology 

VI. Recommendation 

[FR Doc. 2021–16498 Filed 8–2–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–832] 

Pure Magnesium From the People’s 

Republic of China: Final Results of 

Antidumping Duty Administrative 

Review, Final Determination of No 

Shipments; 2019–2020 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) continues to find that 

Tianjin Magnesium International, Co., 

Ltd. and Tianjin Magnesium Metal, Co., 

Ltd. (collectively TMI/TMM) had no 

shipments of subject merchandise 

covered by the antidumping duty order 

on pure magnesium from the People’s 

Republic of China (China) for the period 

of review (POR) May 1, 2019, through 

April 30, 2020. 

DATES: Applicable August 3, 2021. 

FOR FURTHER INFORMATION CONTACT: Kyle 

Clahane, AD/CVD Operations, Office III, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–5449. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 2, 2021, Commerce 

published the Preliminary Results of 

this administrative review in the 

Federal Register.1 No interested party 

submitted comments concerning the 

Preliminary Results or requested a 

hearing in this administrative review. 

Commerce conducted this 

administrative review in accordance 

with section 751 of the Tariff Act of 

1930, as amended (the Act). The current 

deadline for these final results is August 

2, 2021. 

Scope of the Order 2

The product covered by the Order is 

pure magnesium from China, regardless 

of chemistry, form or size, unless 

expressly excluded from the scope of 

the order. Pure magnesium is a metal or 

alloy containing by weight primarily the 

element magnesium and produced by 

decomposing raw materials into 

magnesium metal. Pure primary 

magnesium is used primarily as a 

chemical in the aluminum alloying, 

desulfurization, and chemical reduction 

industries. In addition, pure magnesium 

is used as an input in producing 

magnesium alloy. Pure magnesium 

encompasses products (including, but 

not limited to, butt ends, stubs, crowns 

and crystals) with the following primary 

magnesium contents: 

(1) Products that contain at least 

99.95% primary magnesium, by weight 

(generally referred to as ‘‘ultra pure’’ 

magnesium) Magnesium Alloy’’ 3 and 

are thus outside the scope of the 

existing antidumping orders on 

magnesium from China (generally 

referred to as ‘‘alloy’’ magnesium). 

(2) Products that contain less than 

99.95%, but not less than 99.8%, 

primary magnesium, by weight 

(generally referred to as ‘‘pure’’ 

magnesium); and 

(3) Products that contain 50% or 

greater, but less than 99.8% primary 

magnesium, by weight, and that do not 

conform to ASTM specifications for 

alloy magnesium (generally referred to 

as ‘‘off-specification pure’’ magnesium). 

‘‘Off-specification pure’’ magnesium 

is pure primary magnesium containing 

magnesium scrap, secondary 

magnesium, oxidized magnesium or 

impurities (whether or not intentionally 

added) that cause the primary 

magnesium content to fall below 99.8% 

by weight. It generally does not contain, 

individually or in combination, 1.5% or 

more, by weight, of the following 

alloying elements: Aluminum, 

manganese, zinc, silicon, thorium, 

zirconium and rare earths. 

Excluded from the scope of the Order 

are alloy primary magnesium (that 

meets specifications for alloy 

magnesium), primary magnesium 

anodes, granular primary magnesium 

(including turnings, chips and powder) 

having a maximum physical dimension 

(i.e., length or diameter) of one inch or 

less, secondary magnesium (which has 

pure primary magnesium content of less 

than 50% by weight), and remelted 

magnesium whose pure primary 

magnesium content is less than 50% by 

weight. 

Pure magnesium products covered by 

the Order are currently classifiable 

under Harmonized Tariff Schedule of 

the United States (HTSUS) subheadings 

8104.11.00, 8104.19.00, 8104.20.00, 

8104.30.00, 8104.90.00, 3824.90.11, 

3824.90.19 and 9817.00.90. Although 

the HTSUS subheadings are provided 

for convenience and customs purposes, 

the written description of the scope is 

dispositive. 

Final Determination of No Shipments 

In the Preliminary Results, Commerce 

determined TMI/TMM 4 had no 

shipments of subject merchandise to the 


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