34844 Federal Register / Vol. 87, No. 110 / Wednesday, June 8, 2022 / Notices 

1See Certain Pasta from Italy: Final Results of 

Antidumping Duty Administrative Review; 2017– 

2018, 85 FR 2714 (January 16, 2020) (Final Results). 

2See Memorandum, ‘‘Certain Pasta from Italy: 

Margin for Respondents Not Selected for Individual 

Examination,’’ dated January 10, 2020. 

3See Certain Pasta from Italy: Amended Final 

Results of Antidumping Duty Administrative 

Review; 2017–2018, 85 FR 12518 (March 3, 2020) 

(Amended Final Results). 

4See Ghigi 1870 S.p.A. v. United States, 547 F. 

Supp. 3d 1332 (CIT 2021). 

5See Final Results of Redetermination Pursuant 

to Court Remand: Ghigi 1870 S.P.A. and Pasta Zara 

S.P.A., et al v. United States, Court No. 20–00023, 

Slip Op. 21–159 (February 25, 2022). 

6 Id. at 8. 

7See Ghigi 1870 S.p.A. v. United States, Consol. 

Court No. 20–00023, Slip Op. 22–41 (CIT May 4, 

2022). 

8See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

9See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

10The current weighted-average dumping 

margins for Agritalia and Tesa were determined in 

the Amended Final Results. 

established in the LTFV investigation. 

These cash deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Notification to Importers 

This notice 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 duties prior to liquidation 

of the relevant entries during this POR. 

Failure to comply with this requirement 

could result in Commerce’s 

presumption that reimbursement of 

antidumping duties occurred and the 

subsequent assessment of double 

antidumping duties. 

Notification to Interested Parties 

Commerce is issuing and publishing 

these preliminary results in accordance 

with sections 751(a)(1) and 777(i) of the 

Act and 19 CFR 351.221(b)(4). 

Dated: June 3, 2022. 

Lisa W. Wang, 

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. Preliminary Determination of No 

Shipments 

V. Rate for Non-Selected Companies 

VI. Discussion of the Methodology 

VII. Currency Conversion 

VIII. Recommendation 

[FR Doc. 2022–12350 Filed 6–7–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–475–818] 

Certain Pasta From Italy: Notice of 

Court Decision Not in Harmony With 

the Results of Antidumping Duty 

Administrative Review; Notice of 

Amended Final Results 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On May 4, 2022, the U.S. 

Court of International Trade (CIT) 

issued its final judgment in Ghigi 1870 

S.p.A. v. United States, Consol. Court 

no. 20–00023, sustaining the 

Department of Commerce (Commerce)’s 

remand results pertaining to the 

administrative review of the 

antidumping duty (AD) order on certain 

pasta (pasta) from Italy covering the 

period July 1, 2017, through June 30, 

2018. Commerce is notifying the public 

that the CIT’s final judgment is not in 

harmony with Commerce’s final results 

and amended final results of the 

administrative review, and that 

Commerce is amending the final results 

and amended final results with respect 

to the weighted-average dumping 

margin assigned to Ghigi 1870 S.p.A. 

and Pasta Zara S.p.A. (the collapsed, 

single entity Ghigi/Zara), Agritalia S.r.l. 

(Agritalia), and Tesa S.r.l. (Tesa). 

DATES: Applicable May 14, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Hall-Eastman, 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. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 16, 2020, Commerce 

published its Final Results in the 2017– 

2018 AD administrative review of pasta 

from Italy.1 Commerce calculated 

weighted-average dumping margins of 

91.76 percent and 0.50 percent for the 

mandatory respondents Ghigi/Zara and 

Industrie Alimentare Colavita S.p.A. 

(Indalco), respectively. Commerce 

assigned an average of the weightedaverage dumping margins calculated for 

Ghigi/Zara and Indalco (i.e., 44.56 

percent) to the two non-examined 

companies Agritalia and Tesa.2

After correcting a ministerial error 

contained in the Final Results, on March 

3, 2020, Commerce published the 

Amended Final Results, and revised the 

weighted-average dumping margin for 

Indalco from 0.50 percent to 0.00 

percent. Consequently, Commerce 

revised the review-specific rate applied 

to the two non-examined companies of 

to 91.76 percent, the rate from the Final 

Results for Ghigi/Zara.3

Ghigi/Zara, Agritalia, and Tesa 

appealed Commerce’s Final Results. On 

November 30, 2021, the CIT remanded 

the Final Results to Commerce, holding 

that Commerce’s use of adverse facts 

available with respect to Ghigi’s U.S. 

payment dates was unlawful and 

unsupported by substantial evidence.4

In its final results of redetermination, 

issued in February 2022, Commerce 

provided further explanation of why 

adverse inferences are warranted when 

selecting from among the facts 

otherwise available, and thus, continued 

to use adverse facts available with 

respect to Ghigi’s U.S. payment dates.5

Further, when applying adverse facts 

available to Ghigi’s U.S. payment dates, 

Commerce found an error where it had 

applied adverse facts available to certain 

U.S. sales where the payment date was 

on the record of the administrative 

review. Accordingly, Commerce 

corrected this erroneous application of 

adverse facts available to those U.S. 

sales for the final results of 

redetermination.6

The CIT sustained Commerce’s final 

redetermination.7

Timken Notice 

In its decision in Timken,8 as clarified 

by Diamond Sawblades,9 the Court of 

Appeals for the Federal Circuit held 

that, pursuant to section 516A(c) and (e) 

of the Tariff Act of 1930, as amended 

(the Act), Commerce must publish a 

notice of court decision that is not ‘‘in 

harmony’’ with a Commerce 

determination and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision. The CIT’s 

May 4, 2022, judgment constitutes a 

final decision of the CIT that is not in 

harmony with Commerce’s Final Results 

and Amended Final Results. Thus, this 

notice is published in fulfillment of the 

publication requirements of Timken. 

Amended Final Results 

Because there is now a final court 

judgment, Commerce is amending its 

Final Results and Amended Final 

Results 10 with respect to Ghigi/Zara, 

Agritalia, and Tesa as follows: 


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Federal Register / Vol. 87, No. 110 / Wednesday, June 8, 2022 / Notices 34845 

11See 19 CFR 351.106(c)(2). 

1See Certain Amorphous Silica Fabric from the 

People’s Republic of China: Antidumping Duty 

Order, 82 FR 14314 (March 17, 2017) (Order). 2See Initiation of Five-Year (Sunset) Reviews, 87 

FR 5467 (February 1, 2022). 

3See AMI’s Letter, ‘‘Amorphous Silica Fabric 

from the People’s Republic of China: Five Year 

(‘‘Sunset’’) Review of Antidumping Duty Order— 

Notice of Intent to Participate,’’ dated February 16, 

2022. 

4 Id. at 2. 

5See AMI’s Letter, ‘‘Amorphous Silica Fabric 

from the People’s Republic of China: Five Year 

(‘‘Sunset’’) Review of Antidumping Duty Order— 

Auburn Manufacturing Inc.’s Substantive Response 

to Notice of Initiation,’’ dated March 3, 2022. 

6See SGL Composites Inc.’s Letter, ‘‘Amorphous 

Silica Fabric from the People’s Republic of China: 

Five Year (‘‘Sunset’’) Review: SGL Composites 

Inc.’s Substantive Response to Notice of Initiation,’’ 

dated March 3, 2022. Although SGL Composites 

Inc.’s submission is entitled ‘‘Substantive 

Response,’’ because the company did not file a 

timely notice of intent to participate pursuant to 19 

CFR 351.218(d), we have disregarded this 

submission for purposes of our analysis. 

7See Commerce’s Letter, ‘‘Sunset Reviews 

Initiated on February 1, 2022,’’ dated March 21, 

2022. 

8See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results of the Expedited 

First Sunset Review of the Antidumping Duty Order 

on Amorphous Silica Fabric from the People’s 

Republic of China,’’ dated concurrently with, and 

hereby adopted by, this notice (Issues and Decision 

Memorandum). 

Exporter or producer 

Weightedaverage 

dumping 

margin 

(percent) 

Ghigi 1870 S.p.A. and Pasta 

Zara S.pA ................................ 91.74 

Agritalia S.r.l ............................... 91.74 

Tesa S.r.l .................................... 91.74 

Cash Deposit Requirements 

Because Ghigi/Zara, Agritalia, and 

Tesa have superseding cash deposit 

rates, i.e., there have been final results 

published in subsequent administrative 

reviews, we will not issue revised cash 

deposit instructions to U.S. Customs 

and Border Protection (CBP). This 

notice will not affect the current cash 

deposit rate. 

Liquidation of Suspended Entries 

At this time, Commerce remains 

enjoined by CIT order from liquidating 

entries that: were produced and/or 

exported by Ghigi/Zara, Agritalia, or 

Tesa, and were entered, or withdrawn 

from warehouse, for consumption 

during the period July 1, 2017, through 

June 30, 2018. These entries will remain 

enjoined pursuant to the terms of the 

injunction during the pendency of any 

appeals process. 

In the event the CIT’s ruling is not 

appealed, or, if appealed, upheld by a 

final and conclusive court decision, 

Commerce intends to instruct CBP to 

assess antidumping duties on 

unliquidated entries of subject 

merchandise produced and/or exported 

by Ghigi/Zara, Agritalia, or Tesa in 

accordance with 19 CFR 351.212(b). We 

will instruct CBP to assess antidumping 

duties on all appropriate entries covered 

by this review when the importerspecific ad valorem assessment rate is 

not zero or de minimis. Where an 

import-specific ad valorem assessment 

rate is zero or de minimis,11 we will 

instruct CBP to liquidate the appropriate 

entries without regard to antidumping 

duties. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(c) and 

(e) and 777(i)(1) of the Act. 

Dated: June 2, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2022–12349 Filed 6–7–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–038] 

Certain Amorphous Silica Fabric From 

the People’s Republic of China: Final 

Results of the Expedited First Sunset 

Review of the Antidumping Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: As a result of this expedited 

sunset review, the U.S. Department of 

Commerce (Commerce) finds that 

revocation of the antidumping duty 

(AD) order on certain amorphous silica 

fabric from the People’s Republic of 

China (China) would be likely to lead to 

the continuation or recurrence of 

dumping at the levels indicated in the 

‘‘Final Results of Review’’ section of this 

notice. 

DATES: Applicable June 8, 2022. 

FOR FURTHER INFORMATION CONTACT: Erin 

Kearney, AD/CVD Operations, Office VI, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–0167. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 17, 2017, Commerce 

published the AD order on certain 

amorphous silica fabric from China.1 On 

February 1, 2022 Commerce published 

the notice of initiation of the first sunset 

review of the Order, pursuant to section 

751(c) of the Tariff Act of 1930, as 

amended (the Act).2 On February 16, 

2022, Commerce received a notice of 

intent to participate within the 15-day 

deadline specified in 19 CFR 

351.218(d)(1)(i) from Auburn 

Manufacturing, Inc. (AMI).3 AMI 

claimed interested party status under 

section 771(9)(C) of the Act as a 

domestic producer of certain amorphous 

silica fabric.4

On March 3, 2022, Commerce 

received an adequate substantive 

response to the notice of initiation from 

AMI within the 30-day deadline 

specified in 19 CFR 351.218(d)(3).5 On 

March 3, 2022, Commerce also received 

a letter in response to the notice of 

initiation from SGL Composites Inc., a 

manufacturer of certain amorphous 

silica fabric.6 We received no 

substantive response from any 

respondent interested party with respect 

to the Order covered by this sunset 

review. 

On March 21, 2022, Commerce 

notified the U.S. International Trade 

Commission that it did not receive an 

adequate substantive response from 

respondent interested parties.7 As a 

result, pursuant to section 751(c)(3)(B) 

of the Act and 19 CFR 

351.218(e)(1)(ii)(C)(2), Commerce 

conducted an expedited (120-day) 

sunset review of the Order. 

Scope of the Order 

The merchandise subject to the Order 

consists of certain woven (whether from 

yarns or rovings) industrial grade 

amorphous silica fabric, which contains 

a minimum of 90 percent silica (SiO2) 

by nominal weight, and a nominal 

width in excess of 8 inches. For a 

complete description of the products 

covered, see the Issues and Decision 

Memorandum.8

Analysis of Comments Received 

All issues raised in this sunset review 

are addressed in the Issues and Decision 

Memorandum. 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. A list of 

topics discussed in the Issues and 

Decision Memorandum is included as 

the appendix to this notice. In addition, 

a complete version of the Issues and 

Decision Memorandum can be accessed 


khammond on DSKJM1Z7X2PROD with NOTICES