[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Notices]
[Pages 47816-47817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19692]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta from Italy: Notice of Initiation of Antidumping 
Duty Changed Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Pursuant to section 751(b) of the Tariff Act of 1930, as 
amended (``the Act''), and 19 CFR 351.216 and 351.221(b)(1), the 
Department of Commerce (``Department'') is initiating a changed 
circumstances review of the antidumping duty order on certain pasta 
from Italy (``pasta'') with respect to Delverde Industire Alimentari 
S.p.A. (``Delverde Industrie'').

[[Page 47817]]


DATES: Effective Date: August 10, 2012.

FOR FURTHER INFORMATION CONTACT: Christopher Hargett, AD/CVD 
Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-4161.

SUPPLEMENTARY INFORMATION: 

Background

    On July 24, 1996, the Department published in the Federal Register 
the antidumping duty order on pasta from Italy.\1\ On remand, Del Verde 
S.p.A. was found to have a de minimis dumping margin, and was therefore 
excluded from the antidumping order.\2\
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    \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).
    \2\ See Notice of Amendment of Final Determination of Sales at 
Less Than Fair Value Pursuant to Court Decision and Revocation in 
Part: Certain Pasta from Italy, 66 FR 65889 (December 21, 2001).
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    On July 18, 2012, Delverde Industrie requested that the Department 
initiate a changed circumstances review to determine that, for purposes 
of the antidumping law, Delverde Industrie is the successor-in-interest 
to Del Verde S.p.A.\3\
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    \3\ See July 18, 2012, letter from Delverde Industrie to the 
Department.
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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.\4\
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    \4\ 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).
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    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.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), the 
Department will conduct a changed circumstances review upon receipt of 
information concerning, or a request from an interested party for a 
review of, an antidumping duty order which shows changed circumstances 
sufficient to warrant a review of the order. In antidumping duty 
changed circumstances reviews involving a successor-in-interest 
determination, the Department typically examines several factors 
including, but not limited to: (1) Management; (2) production 
facilities; (3) supplier relationships; and (4) customer base.\5\
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    \5\ See Brass Sheet and Strip from Canada: Final Results of 
Antidumping Duty Administrative Review, 57 FR 20460, 20462 (May 13, 
1992) and Certain Cut-to-Length Carbon Steel Plate from Romania: 
Initiation and Preliminary Results of Changed Circumstances 
Antidumping Duty Administrative Review, 70 FR 22847 (May 3, 2005) 
(Plate from Romania), unchanged in Notice of Final Results of 
Antidumping Duty Changed Circumstances Review: Certain Cut-to-Length 
Carbon Steel Plate from Romania, 70 FR 35624 (June 21, 2005).
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    Based on the information Delverde Industrie submitted in its July 
18, 2012, letter, we find that we have received information which shows 
changed circumstances sufficient to warrant initiation of such a review 
in order to determine whether Delverde Industrie is the successor-in-
interest to Del Verde S.p.A.\6\ Therefore, in accordance with the 
above-referenced statute and regulation, the Department is initiating a 
changed circumstances review.
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    \6\ See 19 CFR 351.216(d).
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    We intend to issue the final results of the changed circumstances 
review within 270 days from the date of initiation of this changed 
circumstance review, or within 45 days if all parties to the proceeding 
agree to the outcome of the review.\7\ During the course of this 
review, we will not change the cash deposit requirements for the 
subject merchandise. The cash deposit rate will be changed, if 
warranted, pursuant only to the final results of the changed 
circumstances review.
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    \7\ See 19 CFR 351.216(e).
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    This notice of initiation is in accordance with section 751(b)(1) 
of the Act and 19 CFR 351.221(b)(1).

    Dated: August 6, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-19692 Filed 8-9-12; 8:45 am]
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