Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Pasta from Italy

Certain Pasta From Italy: Final Results of Countervailing Duty Administrative Review; 2022

DATES:

Applicable November 29, 2024.

SUPPLEMENTARY INFORMATION:

Background

On May 24, 2024, Commerce published the Preliminary Results of this administrative review in the Federal Register and invited comments from interested parties. ⁽¹⁾ For a complete description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum. ⁽²⁾ Commerce conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).

Scope of the Order  ⁽³⁾

The merchandise covered by the Order is pasta from Italy. For a complete description of the scope of the Order, the Issues and Decision Memorandum.

Analysis of Comments Received

All issues raised by the interested parties in their case briefs are addressed in the Issues and Decision Memorandum. The topics discussed and the issues raised by parties to which we responded in the Issues and Decision Memorandum are listed in the appendix to this notice. 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. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

Based on our analysis of the comments received from interested parties, we made changes to the net countervailable subsidy rates for Sgambaro SpA. (Sgambaro). For a discussion of these changes, see the Issues and Decision Memorandum.

Methodology

Commerce conducted this administrative review in accordance with section 751(a)(1)(A) of the Act. For each of the subsidy programs found to be countervailable, we find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific. ⁽⁴⁾ For a complete description of the methodology underlying all of Commerce's conclusions, including our reliance, in part, on facts otherwise available, including adverse facts available, pursuant to sections 776(a) and (b) of the Act, see the Issues and Decision Memorandum.

Final Results of the Administrative Review

Commerce determines that the following net countervailable subsidy rates exist for the period January 1, 2022, through December 31, 2022:

Disclosure

Commerce intends to disclose calculations and analysis performed for these final results of review within five days after the date of publication of this notice in the Federal Register , in accordance with 19 CFR 351.224(b).

Assessment Rates

In accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(2), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries of subject merchandise covered by this review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after publication of the final results of this review in the Federal Register . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired ( i.e., within 90 days of publication).

Cash Deposit Requirements

In accordance with section 751(a)(1) and (a)(2)(C) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for the companies listed above for shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of these final results of this administrative review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the all-others rate or the most recent company-specific rate applicable to the company, as appropriate. These cash deposit requirements, effective upon publication of these final results, shall remain in effect until further notice.

Administrative Protective Order (APO)

This notice also serves as a final reminder to parties subject to an APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or 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.

Notification to Interested Parties

The final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary

II. Background

III. Scope of the Order

IV. Subsidies Valuation

V. Use of Facts Otherwise Available and Adverse Inferences

VI. Analysis of Program

VII. Discussion of Issues

Comment 1: Whether Commerce Erred in the Sales Denominator Used when Calculating Subsidy Rates for Sgambaro

Comment 2: Whether Commerce Erred in Finding the Preferential Financing for Export Law 394/81 to be Export Contingent

Comment 3: Whether Commerce Erred in its Calculations for the Sabatini Law Program

Comment 4: Whether the IRAP Program Is Countervailable

VIII. Recommendation

[FR Doc. 2024-27882 Filed 11-27-24; 8:45 am]

BILLING CODE 3510-DS-P

⁽¹⁾ See Certain Pasta from Italy: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022, 89 FR 45837 (May 24, 2024) ( Preliminary Results ), and accompanying Preliminary Decision Memorandum.

⁽²⁾ See Memorandum, "Issues and Decision Memorandum for the Final Results of the Administrative Review of the Countervailing Duty Order on Certain Pasta from Italy; 2022," dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).

⁽³⁾ See Notice of Countervailing Duty order and Amended Final Affirmative Countervailing Duty Determination: Certain Pasta ("Pasta") from Italy, 61 FR 38544 (July 24, 1996) ( Order ).

⁽⁴⁾ See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity.