[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Notices]
[Pages 33480-33481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14450]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Initiation and Preliminary Results of 
Antidumping Duty Changed Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: In response to a request from P.A.P. S.R.L. (PAP SRL), a 
producer/exporter of certain pasta from Italy, and pursuant to section 
751(b) of the Tariff Act of 1930, as amended (the Act), 19 CFR 351.216 
and 351.22l(c)(3)(ii), the Department of Commerce (the Department) is 
initiating a changed circumstances review (CCR) of the antidumping duty 
(AD) order on certain pasta from Italy with regard to PAP SRL. Based on 
the information received, we preliminarily determine that PAP SRL is 
the successor-in-interest to P.A.P. SNC Di Pazienza G. B. & C (PAP SNC) 
for purposes of determining AD liability. Interested parties are 
invited to comment on these preliminary results.

DATES: Effective Date: June 12, 2015.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3797.

SUPPLEMENTARY INFORMATION:

Background

    On July 24, 1996, the Department published in the Federal Register 
the AD duty order on certain pasta from Italy.\1\ On April 22, 2015, 
PAP SRL requested that the Department conduct a CCR under section 
751(b)(1) of the Act and 19 CFR 351.216 (b) to determine that it is the 
successor-in-interest to PAP SNC,\2\ and assign it the cash deposit 
rate of its predecessor, PAP SNC. PAP SRL based its request on the 
claim that it operates as the same business entity as PAP SNC.\3\
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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) (Pasta Italy Order).
    \2\ See PAP SRL's request for Changed-Circumstances Review dated 
April 22, 2015 (CCR Request).
    \3\ Id., at 2-4.
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    We received no comments from interested parties.

Scope of the Order

    Imports covered by the order are shipments of certain non-egg dry 
pasta. The merchandise subject to review is currently classifiable 
under items 1901.90.90.95 and 1902.19.20 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.\4\
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    \4\ For a full description of the scope of the order, see the 
memorandum titled ``Initiation and Preliminary Results of Changed 
Circumstances Review: Certain Pasta from Italy'' from Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary 
for Enforcement and Compliance, dated concurrently with this notice 
(Preliminary Decision Memorandum).
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Initiation and Issuance of Preliminary Results of Changed Circumstances 
Review

    Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), the 
Department will conduct a CCR upon receipt of a request from an 
interested party or receipt of information concerning an AD order which 
shows changed circumstances sufficient to warrant a review of the 
order.
    As noted above in the ``Background'' section, we received 
information indicating that in January 2015, PAP SNC's legal form was 
changed from a Societ[agrave] in nome collettivo, or SNC, which is a 
form of partnership, to a Societ[agrave] a responsabilit[agrave] 
limitata, or SRL, which is a form of limited-liability corporation. The 
Department determines that the information submitted by PAP SRL 
constitutes sufficient evidence to warrant a CCR of this order.\5\ 
Therefore, in accordance with section 751(b)(1) of the Act and 19 CFR 
351.216(d), we are initiating a CCR based upon the information 
contained in PAP SRL's submission.\6\
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    \5\ See 19 CFR 351.216(d).
    \6\ See, generally, CCR Request.
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    19 CFR 351.221(c)(3)(ii) permits the Department to combine the 
notice of initiation of a CCR and the notice of preliminary results if 
the Department concludes that expedited action is warranted. In this 
instance, because we have the information necessary on the record to 
make a preliminary finding, we find that expedited action is warranted, 
and are combining the notice of initiation and the notice of 
preliminary results in accordance with 19 CFR 351.221(c)(3)(ii).\7\
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    \7\ See, e.g., Polyethylene Terephthalate Film, Sheet, and Strip 
From the Republic of Korea: Initiation and Preliminary Results of 
Antidumping Duty Changed Circumstances Review, 76 FR 27005 (May 10, 
2011) (PET Film from Korea); Ball Bearings and Parts Thereof from 
Japan: Initiation and Preliminary Results of Changed-Circumstances 
Review, 71 FR 14679 (March 23, 2006); Fresh and Chilled Atlantic 
Salmon from Norway; Initiation and Preliminary Results of Changed 
Circumstances Antidumping Duty Administrative Review, 63 FR 50880 
(September 23, 1998).

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[[Page 33481]]

Methodology

    In making a successor-in-interest determination, the Department 
examines several factors, including but not limited to, changes in: (1) 
Management; (2) production facilities; (3) supplier relationships; and 
(4) customer base.\8\ While no single factor or combination of these 
factors will necessarily provide a dispositive indication of a 
successor-in-interest relationship, the Department will generally 
consider the new company to be the successor to the previous company if 
the new company's resulting operation is essentially similar to that of 
its predecessor.\9\ Thus, if the evidence demonstrates that, with 
respect to the production and sale of the subject merchandise, the new 
company operates as the same business entity as the former predecessor 
company, the Department will afford the new company the same AD 
treatment as its predecessor, i.e., will assign the new company the 
same cash deposit rate of its predecessor.\10\
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    \8\ See, e.g., Pressure Sensitive Plastic Tape from Italy: 
Preliminary Results of Antidumping Duty Changed Circumstances 
Review, 75 FR 8925 (February 26, 2010), unchanged in Pressure 
Sensitive Plastic Tape From Italy: Final Results of Antidumping Duty 
Changed Circumstances Review, 75 FR 27706 (May 18, 2010); Brake 
Rotors From the People's Republic of China: Final Results of Changed 
Circumstances Antidumping Duty Administrative Review, 70 FR 69941 
(November 18, 2005), citing Brass Sheet and Strip from Canada: Final 
Results of Antidumping Duty Administrative Review, 57 FR 20460 (May 
13, 1992); and Structural Steel Beams from Korea: Preliminary 
Results of Changed Circumstances Antidumping Duty Administrative 
Review, 66 FR 15834 (March 21, 2001).
    \9\ See, e.g., PET Film from Korea, 76 FR at 27006; Industrial 
Phosphoric Acid from Israel: Final Results of Antidumping Duty 
Changed Circumstances Review, 59 FR 6944, 6945 (February 14, 1994); 
Brass Sheet and Strip from Canada: Final Results of Antidumping Duty 
Administrative Review, 57 FR 20460 (May 13, 1992) at Comments 1 and 
2; and Certain Lined Paper Products From India: Notice of Final 
Results of Antidumping Duty Changed Circumstances Review, 80 FR 
183873 (April 6, 2015).
    \10\ See Fresh and Chilled Atlantic Salmon From Norway; Final 
Results of Changed Circumstances Antidumping Duty Administrative 
Review, 64 FR 9979, 9980 (March 1, 1999).
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    For a full description of the methodology underlying our 
conclusions, see Preliminary Decision Memorandum.\11\ The Preliminary 
Decision Memorandum 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 
http://access.trade.gov and it is available to all parties in the 
Central Records Unit, Room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.
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    \11\ See Preliminary Decision Memorandum.
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Preliminary Results of the Changed Circumstances Review

    Based on the evidence reviewed, we preliminarily determine that PAP 
SRL is the successor-in-interest to PAP SNC. Specifically, we find that 
the change of the company's legal form from SNC to SRL resulted in no 
significant changes to management, production facilities, supplier 
relationships, and customers with respect to the production and sale of 
the subject merchandise. Thus, PAP SRL operates essentially as the same 
business entity as PAP SNC with respect to the subject merchandise.
    If the Department adopts these preliminary results in the final 
results, PAP SRL will be assigned the AD cash deposit rate currently 
assigned to PAP SNC with respect to the subject merchandise (i.e., zero 
percent ad valorem),\12\ we will instruct Customs and Border Protection 
(CBP) to suspend liquidation of entries of certain pasta from Italy 
made by PAP SRL, effective on the publication date of the final 
results, at the cash deposit rate that is currently assigned to PAP 
SNC.\13\
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    \12\ See Notice of Implementation of Determination Under Section 
129 of the Uruguay Round Agreements Act: Stainless Steel Plate in 
Coils from Belgium, Steel Concrete Reinforcing Bars from Latvia, 
Purified Carboxymethylcellulose from Finland, Certain Pasta from 
Italy, Purified Carboxymethylcellulose from the Netherlands, 
Stainless Steel Wire Rod from Spain, Granular 
Polytetrafluoroethylene Resin from Italy, and Stainless Steel Sheet 
and Strip in Coils from Japan, 77 FR 36257 (June 18, 2012).
    \13\ See Certain Lined Paper Products from India: Final Results 
of Antidumping Duty Administrative Review; 2010-2011, 78 FR 22232 
(April 15, 2013).
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Public Comment

    Interested parties may submit case briefs and/or written comments 
not later than 30 days after the date of publication of this 
notice.\14\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than five days after the deadline for 
filing case briefs.\15\ Parties who submit case or rebuttal briefs are 
encouraged to submit with each argument: (1) A statement of the issue; 
(2) a brief summary of the argument; and (3) a table of authorities. 
All comments are to be filed electronically using ACCESS, and must also 
be served on interested parties.\16\ An electronically filed document 
must be received successfully in its entirety by ACCESS by 5:00 p.m. 
Eastern Standard Time on the day it is due.\17\
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    \14\ See 19 CFR 351.309(c)(2).
    \15\ See 19 CFR 351.309(d).
    \16\ See 19 CFR 351.303(b) and (f).
    \17\ See 19 CFR 351.303(b).
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    Interested parties that wish to request a hearing, or to 
participate if one is requested, must submit a written request to the 
Assistant Secretary for Enforcement and Compliance, filed 
electronically via ACCESS, within 30 days after the date of publication 
of this notice.\18\ Requests should contain the party's name, address, 
and telephone number, the number of participants, and a list of the 
issues to be discussed. Oral presentations will be limited to issues 
raised in the briefs. If a request for a hearing is made, we will 
inform parties of the scheduled date for the hearing which will be held 
at the U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW., Washington, DC 20230, at a time and location to be determined.\19\ 
Parties should confirm by telephone the date, time, and location of the 
hearing.
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    \18\ See 19 CFR 351.310(c).
    \19\ See 19 CFR 351.310.
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    Consistent with 19 CFR 351.216(e), we will issue the final results 
of this CCR no later than 270 days after the date on which this review 
was initiated, or within 45 days if all parties agree to our 
preliminary finding.
    We are issuing and publishing this finding and notice in accordance 
with sections 751(b)(l) and 777(i)(l) of the Act and 19 CFR 351.216 and 
351.221(c)(3)(ii).

    Dated: June 5, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Decision Memorandum for Initiation and 
Preliminary Results of Changed Circumstances Review: Certain Pasta From 
Italy

I. Summary
II. Background
III. Scope of the Order
IV. Initiation and Preliminary Results of Changed Circumstances 
Review
V. Discussion of Methodology
VI. Analysis
    A. Management
    B. Production Facilities
    C. Supplier Relationship
    D. Customer Base

[FR Doc. 2015-14450 Filed 6-11-15; 8:45 am]
 BILLING CODE 3510-DS-P