[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Notices]
[Pages 81212-81214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32473]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Notice of Final Results of the
Thirteenth Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 6, 2009, the Department of Commerce (the Department)
published the preliminary results of the thirteenth administrative
[[Page 81213]]
review for the antidumping duty order on certain pasta from Italy. The
review covers two manufacturers/exporters: Pastificio Lucio Garofalo
(Garofalo) and Pastificio Attilio Mastromauro-Pasta Granoro S.r.L.
(Granoro). The period of review (POR) is July 1, 2008, through June 30,
2009. Granoro and Garofalo were selected as mandatory respondents.\1\
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\1\ As a result of withdrawals of request for review, we
rescinded this review, in part with respect to Domenico Paone fu
Erasmo, S.p.A. (Erasmo), Pasta Lensi S.r.L. (Lensi), Industria
Alimentare Colavita, S.p.A. (Indalco), PAM S.p.A. (PAM), and
Fasolino Foods Company, Inc. and its affiliate Euro-American Foods
Group Inc. (Fasolino/Euro-American Foods). See Certain Pasta from
Italy: Notice of Partial Rescission of Antidumping Duty
Administrative Review and Extension of Time Limit for the
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
10464 (March 8, 2010).
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As a result of our analysis of the comments received, the final
results differ from the preliminary results for Granoro and Garofalo.
The final weighted-average dumping margins for these companies are
listed below in the ``Final Results of Review'' section of this notice.
DATES: Effective Date: December 27, 2010.
FOR FURTHER INFORMATION CONTACT: Victoria Cho (Garofalo) and Jolanta
Lawska (Granoro), AD/CVD Operations, Office 3, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202) 482-5075 and (202) 482-4161, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 16, 2010, the Department published the preliminary
results of the thirteenth administrative review of the antidumping duty
order on certain pasta from Italy. See Certain Pasta From Italy: Notice
of Preliminary Results of Antidumping Duty Administrative Review, 75 FR
49907 (August 16, 2010) (Preliminary Results).
Garofalo and Granoro submitted case briefs on September 15, 2010.
Petitioners \2\ submitted rebuttal briefs on September 20, 2010.
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\2\ Petitioners are New World Pasta Company, Dakota Growers
Pasta Company, and American Italian Pasta Company.
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Scope of the Order
Imports covered by this order are shipments of certain non-egg dry
pasta in packages of five pounds four ounces or less, whether or not
enriched or fortified or containing milk or other optional ingredients
such as chopped vegetables, vegetable purees, milk, gluten, diastasis,
vitamins, coloring and flavorings, and up to two percent egg white. The
pasta covered by this scope is typically sold in the retail market, in
fiberboard or cardboard cartons, or polyethylene or polypropylene bags
of varying dimensions.
Excluded from the scope of this order are refrigerated, frozen, or
canned pastas, as well as all forms of egg pasta, with the exception of
non-egg dry pasta containing up to two percent egg white. Also excluded
are imports of organic pasta from Italy that are accompanied by the
appropriate certificate issued by the Instituto Mediterraneo Di
Certificazione, by QC&I International Services, by Ecocert Italia, by
Consorzio per il Controllo dei Prodotti Biologici, by Associazione
Italiana per l'Agricoltura Biologica, by Codex S.r.L., by Bioagricert
S.r.L., or by Instituto per la Certificazione Etica e Ambientale.
Effective July 1, 2008, gluten free pasta is also excluded from this
order. See Certain Pasta from Italy: Notice of Final Results of
Antidumping Duty Changed Circumstances Review and Revocation, in Part,
74 FR 41120 (August 14, 2009). The merchandise subject to this order is
currently classifiable under items 1902.19.20 and 1901.90.9095 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.
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, dated concurrent with this notice and which is hereby
adopted by this notice. A list of the issues which parties have raised,
and to which we have responded in the Issues and Decision Memorandum,
is attached to this notice as an Appendix. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the Web at http://ia.ita.doc.gov/frn/ frn/, and is on file in the
Central Records Unit, main Commerce Building, Room 7046. The paper copy
and electronic version of the Issues and Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
Garofalo
Regarding Garofalo, based on our analysis of the comments received,
we made the following changes in calculating the dumping margin: (1) We
relied on the revised and corrected charts and graphs submitted by
Garofalo in conducting our quarterly cost linkage analysis and
determined that application of the Department's quarterly costing
methodology was not warranted, and, as a result, changed the finding
made in the Preliminary Results; (2) we increased Garofalo's cost of
manufacturing (COM) to account for the unreconciled difference between
the COM from its normal books and records and the reported COM; and,
(3) we used the reported allocation methodology to distribute other
losses between fixed overhead and general and administrative expenses
(G&A) which Garofalo excluded from the reported costs. See Issues and
Decision Memorandum at Comment 1. For further details on how these
changes were applied in the calculation, see Memorandum from Angie
Sep[uacute]lveda, Senior Accountant, to Neal M. Halper, Director,
Office of Accounting, ``Cost of Production and Constructed Value
Calculation Adjustments for the Final Results-Pastificio Lucio Garofalo
S.p.A.,'' dated December 14, 2010 (Garofalo Cost Calculation Memo).
Granoro
Regarding Granoro, for the final results we increased the
denominator of the G&A and financial expense ratios by the amount of
the expenses for testing of pasta recorded in the 2008 audited
financial statements. See Issues and Decision Memorandum at Comment 4.
For further details on how these changes were applied in the
calculation, see Memorandum from Ernest Z. Gziryan, Senior Accountant,
to Neal M. Halper, Director, Office of Accounting, ``Cost of Production
and Constructed Value Calculation Adjustments for the Final Results--
Pastificio Attilio Mastromauro--Pasta Granoro S.r.L.'' dated December
14, 2010 (Granoro Cost Calculation Memo).
Final Results of Review
We determine that the following weighted-average margins exist for
the period July 8, 2008, through June 30, 2009:
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Margin
Manufacturer/exporter (percent)
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Garofalo................................................ 3.61
Granoro................................................. 0.80
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Duty Assessment
The Department shall determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries. Pursuant to 19 CFR 351.212(b)(1), the Department
[[Page 81214]]
calculates an assessment rate for each importer of the subject
merchandise for each respondent. 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 dumping margins
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 dumping duties due 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. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 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
Antidumping and Countervailing Duty Proceedings Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following antidumping duty deposit rates will be effective upon
publication of the final results of this administrative review for all
shipments of pasta from Italy entered, or withdrawn from warehouse, for
consumption on or after the publication date of these final results, as
provided for by section 751(a)(1) of the Tariff Act of 1930, as amended
(the Act): (1) If the exporter is not a firm covered in this review,
but was covered in a previous review or the original less-than-fair-
value (LTFV) investigation, the cash deposit rate will continue to be
the company-specific rate established for the most recent period; (2)
if the exporter is not a firm covered in this review, a prior review,
or the LTFV investigation, but the manufacturer is, the cash deposit
rate will be the rate established for the most recent period for the
manufacturer of the subject merchandise; and (3) if neither the
exporter nor the manufacturer is a firm covered by this review, a prior
review, or the LTFV investigation, the cash deposit rate will be 15.45
percent, the all-others rate established in the Section 129
determination. See 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). These cash
deposit requirements shall remain in effect until further notice.
Notification to Importers
This notice serves as a final 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 the Secretary's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent increase in antidumping duties by
the amount of antidumping and/or countervailing duties reimbursed.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(5). 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 terms of an APO is a sanctionable violation.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 14, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
List of Comments in the Issues and Decision Memorandum
Comment 1: Use of Quarterly Cost Methodology for Garofalo
Comment 2: Whether the Department Should Include Transportation
Recovery in the U.S. Sales Calculation
Comment 3: Whether the Department Should Modify its Liquidation
Instructions to U.S. Customs and Border Protection
Comment 4: General and Administrative and Financial Expense Ratios
[FR Doc. 2010-32473 Filed 12-23-10; 8:45 am]
BILLING CODE 3510-DS-P