[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Notices]
[Pages 6601-6602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2614]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Notice of Amended Final Results of the
Thirteenth Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 27, 2010, the Department of Commerce (the
Department) published its final results of the thirteenth
administrative review of the antidumping duty order on certain pasta
from Italy for the period of review (POR) of July 1, 2008, through June
30, 2009. See Certain Pasta from Italy: Notice of Final Results of the
Thirteenth Antidumping Duty Administrative Review, 75 FR 81212
(December 27, 2010) (Final Results). We are amending our final results
to correct ministerial errors made in the calculation of the dumping
margin for Pastificio Attilio Mastromauro-Pasta Granoro S.r. L.
(Granoro), pursuant to section 751(h) of the Tariff Act of 1930, as
amended (the Act).
DATES: Effective Date: February 7, 2011.
FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, 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) 482-8362.
SUPPLEMENTARY INFORMATION:
Background
On December 15, 2010, the margin calculations were released to
Granoro.\1\ On December 17, 2010, pursuant to 19 CFR 351.224(c),
Granoro submitted comments alleging ministerial errors, and requested
that the Department correct alleged ministerial errors. No party
submitted comments regarding Granoro's request to correct the alleged
ministerial errors.
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\1\ On December 27, 2010, the Department published the Final
Results of this administrative review.
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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.
Amended Final Results of Review
After analyzing Granoro's comments, we have determined, in
accordance with section 751(h) of Act and 19 CFR 351.224, that the
Department made a ministerial error in the Final Results calculation
for Granoro regarding its reported transportation recovery expense
(TRANSPRECU). See Allegation of Ministerial Errors Memorandum, dated
January 28, 2011 (Ministerial Errors Memo). The Department finds that
in the Final Results, we correctly stated that, consistent with our
practice, we capped the transportation recovery amounts by the amount
of U.S. freight expenses,
[[Page 6602]]
incurred on subject merchandise; however, we did not implement this
adjustment in the calculation of Granoro's margin program in the Final
Results. See Final Results and accompanying Issues and Decision
Memorandum, at page 8 (Issues and Decision Memorandum). Therefore, the
Department finds that it inadvertently did not offset U.S. freight
expense based on the amount of transportation recovery expense reported
by Granoro. Accordingly, the Department's failure to make this
adjustment was a clerical error. See section 751(h) of the Act. For
these amended final results, the Department made these changes to
Granoro's margin calculations as correctly explained in the final
results. As a result, for the amended final results of this
administrative review the average margin for Granoro has changed from
0.80 to 0.47 (de minimis).
In addition, Granoro alleged that the Department made a ministerial
error with respect to the financial expense ratio (INTEX) used in the
calculation of Granoro's antidumping duty margin. We have determined,
in accordance with section 751(h) of Act and 19 CFR 351.224, that the
Department did not make a ministerial error in the Final Results in the
Department's calculation of the financial expense ratio. In the Final
Results, the Department correctly stated that we adjusted the cost of
goods sold denominator used to calculate the general and administrative
(G&A) and financial expense ratios to include expenses for Granoro's
testing of pasta. See Issues and Decision Memorandum at pages 10-11.\2\
However, while this adjustment changed the G&A expense ratio, the
financial expense ratio did not change as the result of the adjustment.
Therefore, no correction to the SAS programming was necessary with
respect to the financial expense ratio for the final results.
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\2\ See also Memorandum to Neal M. Halper from Ernest Z.
Gziryan: Cost of Production and Constructed Value Calculation
Adjustments for the Final Results--Pastificio Attilio Mastromauro--
Pasta Granoro S.r.L., dated December 14, 2010 (Final Cost
Calculation Memo).
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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, 2008, through June 30, 2009. As
a result of correcting the ministerial errors discussed above, and in
the company-specific memo listed above, the following margin applies:
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Company Final margin Amended final margin
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Granoro.................. 0.80 0.47 (de minimis).
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The amended final results do not differ from the final results for
Garofalo.
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 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: January 28, 2011.
Christian Marsh,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-2614 Filed 2-4-11; 8:45 am]
BILLING CODE 3510-DS-P