[Federal Register Volume 75, Number 46 (Wednesday, March 10, 2010)]
[Notices]
[Pages 11116-11118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5124]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta from Italy: Notice of Amended Final Results of the
Twelfth Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On February 9, 2010, the Department of Commerce (the
Department) published its final results of the twelfth administrative
review for certain pasta from Italy for the period of review (POR) of
July 1, 2007, through June 30, 2008. See Certain Pasta from Italy:
Notice of Final Results of the Twelfth Administrative Review, 75 FR
6352 (February 9, 2010) (Final Results). We are amending our final
results to correct ministerial errors made in the calculation of the
dumping margins for Pastificio Lucio Garofalo S.p.A.(Garofalo) and PAM
S.p.A. (PAM), pursuant to section 751(h) of the Tariff Act of 1930, as
amended (the Act).
EFFECTIVE DATE: March 10, 2010.
FOR FURTHER INFORMATION CONTACT: Christopher Hargett, 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-
4161.
SUPPLEMENTARY INFORMATION:
Background
On February 9, 2010, the Department published the final results of
this administrative review. On February 9 and February 12, 2010,
pursuant to 19 CFR 351.224(c), PAM and Garofalo submitted comments
alleging ministerial errors, and requested that the Department correct
these alleged ministerial errors. On February 18, 2010, petitioners
submitted rebuttal briefs to PAM's ministerial error allegation. No
party submitted comments regarding Garofalo's request to correct
alleged ministerial errors.
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.
Amended Final Results of Review
In the Final Results, the Department incorrectly stated that it
would apply the average percent margin of the two reviewed companies in
this review to all
[[Page 11117]]
companies that were not selected as mandatory respondents for the
period July 1, 2006, through June 30, 2007. The Department intended to
apply and in fact applied the average to the instant POR of July 1,
2007 through June 30, 2008, because the calculations were based on the
actual factual information for this period.
Garofalo
After analyzing Garofalo's comments, we have determined, in
accordance with section 751(h) of Act and 19 CFR 351.224, that the
Department made ministerial errors in the Final Results calculation for
Garofalo in this administrative review. See Allegations of Clerical
Errors Memorandum dated February 26, 2010 (Clerical Error Memo).
First, the Department made a clerical error by using the wrong
currency to convert Garofalo's reported warehousing costs (DWAREHU) in
the Final Results. During the Final Results, the Department's attempt
to convert Garofalo's reported DWAREHU from Euro/Kg to USD/Kg was done
incorrectly. The exchange rate conversion the Department attempted to
update in Garofalo's margin program was not correctly applied. For the
amended final results, the Department made the correction to the
submitted field DWAREHU before the conversion of this field into USD/Kg
of the margin program.
Second, the Department incorrectly implemented certain verification
changes in the calculation of Garofalo's home market freight revenue
(FRTREVH) during the Final Results. For the amended final results, the
Department hard-coded these changes to the comparison market program as
correctly referenced in attachment 8 of Exhibit 1 in Garofalo's
Verification Report.
Third, the Department used incorrect exchange factors during the
Final Results in converting Garofalo's reported U.S. brokerage. The
Department verified the values reported in Garofalo's reported USBROKU
during the sales verification of Garofalo as being incurred in USD/Kg.
During the Final Results, however, the Department inadvertently treated
Garofalo's USBROKU as being reported in Euro/Kg. The Department treated
this variable as being incurred in USD/Kg in the margin calculations
for the amended final results.
PAM
After analyzing PAM's comments, and as more fully explained in the
Clerical Error Memo, we have determined, in accordance with section
751(h) of the Act and 19 CFR 351.224, that the Department made
ministerial errors in the Final Results calculation for PAM in this
administrative review. The Department finds that it inadvertently used
incorrect entered value data for entries made by PAM during the POR.
Specifically, the Department erred by not adding transport recovery to
the U.S. price for the entered value calculation for entries made by
PAM, while including the transport recovery for other importers.
Accordingly, it is clear that the Department intended to make this
adjustment and our failure to do so was a clerical error. Thus, for the
amended Final Results the Department has calculated entered value
including the transport recovery for entries made by PAM, consistent
with how it calculated entered value for entries made by companies
other than PAM. Although, this does not affect the average margin, it
does affect the importer specific assessment rates.
In accordance with section 751(h) of the Act, we are amending the
final results of the antidumping duty administrative review of certain
pasta from Italy for the period July 1, 2007, through June 30, 2008. As
a result of correcting the ministerial errors discussed above, and in
the company-specific memos listed above, the following margins apply:
------------------------------------------------------------------------
Amended Final
Company Final Margin Margin
------------------------------------------------------------------------
Garofalo........................ 16.26 15.87
PAM............................. 8.54 8.54
Review - Specific Average\1\.... 12.40 12.21
------------------------------------------------------------------------
\1\ Because there are only two respondents for which a company-specific
margin was calculated in this review, the Department has calculated a
simple average margin to ensure that the total import quantity and
value for each company is not inadvertently revealed.
Assessment
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, pursuant to 19 CFR 351.212(b). The Department calculated
importer-specific duty assessment rates on the basis of the ratio of
the total antidumping duties calculated for the examined sales to the
total entered value of the examined sales for that importer. Where the
assessment rate is above de minimis, we will instruct CBP to assess
duties on all entries of subject merchandise by that importer. The
Department intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of these amended final
results of review.
The Department clarified its ``automatic assessment''' regulation
on May 6, 2003 (68 FR 23954). This clarification applies to POR entries
of subject merchandise produced by companies examined in this review
(i.e., companies for which a dumping margin was calculated) where the
companies did not know that their 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 deposit requirements will be effective upon
publication of the amended final results of this administrative review
for all shipments of certain pasta from Italy entered, or withdrawn
from warehouse, for consumption on or after the publication date of
these amended final results, as provided by section 751(a) of the Act:
(1) for companies covered by this review, the cash deposit rate will be
the rate listed above; (2) for previously reviewed or investigated
companies other than those covered by this review, the cash deposit
rate will be the company-specific rate established for the most recent
period; (3) if the exporter is not a firm covered in this review, a
prior review, or the less-than-fair-value investigation, but the
producer is, the cash deposit rate will be the rate established for the
most recent period for the manufacturer of the subject merchandise; and
(4) if neither the exporter nor the producer is a firm covered in this
review, a prior review, or the investigation, the cash deposit
[[Page 11118]]
rate will be 15.45 percent, the all-others rate established in the
less-than-fair-value investigation. These deposit requirements shall
remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 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.
Administrative Protective Order
This notice also is the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. 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.
These amended final results of administrative review and notice are
issued and published in accordance with sections 751(a)(1) and (h), and
777(i)(1) of the Act, and 19 CFR 351.224.
Dated: March 3, 2010.
Carole A. Showers,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-5124 Filed 3-9-10; 8:45 am]
BILLING CODE 3510-DS-S