Federal Register - August 3, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 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 751a of the Act 19 U.S.C. 1675a and 19 CFR
351.221c1i.
Dated: July 29, 2021.
James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
FR Doc. 202116497 Filed 8221; 8:45 am BILLING CODE 3510DSP
DEPARTMENT OF COMMERCE
International Trade Administration A475818
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 4821468
and 202 4823315, respectively.
SUPPLEMENTARY INFORMATION:
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On July 24, 1996, Commerce published the AD order in the Federal Register.1 On September 3, 2020, pursuant to section 751a1 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 DItalia 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
Certain Pasta From Italy: Preliminary Results of Antidumping Duty Administrative Review; 20192020
AGENCY:
Background
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 751a1B
of the Act. Export price was calculated in accordance with section 772 of the Act. Normal value was calculated in 1 See 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.
2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR
54983 September 3, 2020.
3 See Certain Pasta from Italy: Notice of Partial Rescission of Antidumping Duty Administrative Review, 86 FR 7700 February 1, 2021.
4 See Memorandum, 20192020 Antidumping Duty Administrative Review of Certain Pasta from Italy: Respondent Selection, dated October 15, 2020.
5 See 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.
6 See Memorandum, Certain Pasta: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review; 2019/2020, dated March 2, 2021.
7 See Memorandum, Issues and Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Certain Pasta from Italy; 20192020, dated concurrently with, and hereby adopted by, this notice Preliminary Decision Memorandum.
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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 Compliances 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 Commerces 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 777Ac2 of the Act. Generally, Commerce looks to section 735c5 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 735c5A 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, Commerces 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 8 See, 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.
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