[Federal Register Volume 80, Number 120 (Tuesday, June 23, 2015)]
[Notices]
[Pages 35936-35938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15471]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 12, 2014, the Department of Commerce (the 
Department) initiated a changed circumstances review of the antidumping 
duty order on certain pasta from Italy in order to determine whether La 
Molisana S.p.A. (La Molisana) is the successor-in-interest to La 
Molisana Industrie Alimentari, S.p.A. (LMI), a respondent in the 
investigation and several administrative reviews.\1\ We preliminarily 
determine that La Molisana is not the successor-in-interest to LMI. We 
invite interested parties to comment on these preliminary results.
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    \1\ See Certain Pasta from Italy: Initiation of Changed 
Circumstances Review, 79 FR 47090 (August 12, 2014) (Initiation 
Notice).

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DATES: Effective date June 23, 2015.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore, Office III, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-3962.

SUPPLEMENTARY INFORMATION: 

Background

    On July 24, 1996, the Department published in the Federal Register 
the antidumping duty order on pasta from Italy.\2\ The most recently 
completed administrative review for LMI was for the July 1, 1998 to 
June 30, 1999 period.\3\ Pursuant to Section 129 of the Uruguay Round 
Agreements Act, the Department recalculated the cash deposit rate for 
LMI and assigned it a de minimis margin.\4\
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    \2\ 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); see also Notice of Second 
Amendment to the Final Determination and Antidumping Duty Order: 
Certain Pasta From Italy; 61 FR 42231 (August 14, 1996).
    \3\ See Certain Pasta From Italy: Final Results of Antidumping 
Duty Administrative Review, 65 FR 77852 (December 13, 2000).
    \4\ 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, Stainless Steel Sheet and 
Strip in Coils From Japan, 77 FR 36257 (June 18, 2012) (Notice of 
Section 129 Implementation).
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    On June 23, 2014, La Molisana requested a changed circumstances 
review. On August 12, 2014, the Department initiated this review.\5\ On 
October 20, 2014, New World Pasta Company and Dakota Growers Pasta 
Company (hereinafter referred to as Petitioners) submitted comments on 
La Molisana's request for a changed circumstance review. On December 3, 
2014, the Department requested additional information from La Molisana, 
which was submitted, in part, on January 9, 2015, and after an 
extension was granted, the remainder was submitted on January 28, 2015 
(hereinafter referred to as the Supplemental Response).
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    \5\ See Initiation Notice.
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    On February 6, 2015, Petitioners submitted comments on La 
Molisana's Supplemental Response. On February 11, 2015, La Molisana 
objected to Petitioners' February 6, 2015, submission and requested 
that the Department reject it because it contained untimely filed, 
uncertified, new factual information. On February 20, 2015, the 
Department decided not to reject Petitioners' February 6, 2015 
submission.\6\ La Molisana filed comments on February 27, 2015, 
regarding the Department's decision. On March 4, 2015, the Department 
requested additional information from La Molisana, which was provided 
on March 24, 2015 (hereinafter referred to as Second Supplemental 
Response).
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    \6\ See letter from Eric B. Greynolds, Program Manager, Office 
III, AD/CVD Operations, dated February 20, 2015.
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    On April 27, 2015, we extended the time period for issuing the 
final results of this changed circumstance review by 90 days.\7\
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    \7\ See Letter from Melissa G. Skinner, Director Office III, 
Antidumping and Countervailing Duty Operations to La Molisana, dated 
April 7, 2015.
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Scope of the Order

    Imports covered by this order are shipments of certain non-egg dry 
pasta

[[Page 35937]]

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.
    For a full description of the scope, see the Preliminary Results of 
Changed Circumstances Review Regarding Successor-In-Interest Analysis: 
Certain Pasta from Italy memorandum dated concurrently with and hereby 
adopted by this notice.\8\ The Preliminary Results of Changed 
Circumstances Review memorandum is a business proprietary document of 
which the public version 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 Results of 
Changed Circumstances Review memorandum can be accessed directly on the 
internet at http://enforcement.trade.gov/frn/. The signed Preliminary 
Results of Changed Circumstances Review memorandum and the electronic 
version of the Preliminary Results of Changed Circumstances Review 
memorandum are identical in content.
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    \8\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, titled 
``Preliminary Results of Changed Circumstances Review Regarding 
Successor-In-Interest Analysis: Certain Pasta from Italy'' dated 
concurrently with this notice (Preliminary Results of Changed 
Circumstances Review memorandum).
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Preliminary Results of Changed Circumstances Review

    In this changed circumstances review, pursuant to section 751(b) of 
the Tariff Act of 1930, as amended (the Act), the Department conducted 
a successor-in-interest analysis. In making such 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.\9\ While no one or combination of these factors will necessarily 
provide a dispositive indication, the Department will generally 
consider the new company to be the successor to the previous company if 
its resulting operation is not materially dissimilar to that of its 
predecessor.\10\ 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 company, the 
Department will assign the new company the cash deposit rate of its 
predecessor.\11\
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    \9\ 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); and Brake 
Rotors From the People's Republic of China: Final Results of Changed 
Circumstances Antidumping Duty Administrative Review, 70 FR 69941 
(November 18, 2005) (Brake Rotors), citing Brass Sheet and Strip 
from Canada: Final Results of Antidumping Duty Administrative 
Review, 57 FR 20460 (May 13, 1992), and Certain Pasta From Italy: 
Notice of Final Results of Antidumping Duty Changed Circumstances 
Review, 79 FR 56339 (September 19, 2014) (Delverde).
    \10\ See, e.g., Brake Rotors. See also Delverde.
    \11\ Id.; see also, e.g., Notice of Initiation and Preliminary 
Results of Antidumping Duty Changed Circumstances Review: Certain 
Frozen Warmwater Shrimp From India, 77 FR 64953 (October 24, 2012), 
unchanged in Final Results of Antidumping Duty Changed Circumstances 
Review: Certain Frozen Warmwater Shrimp From India, 77 FR 73619 
(December 11, 2012).
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    Based on the totality of the record evidence and on comments from 
interested parties, we preliminarily determine that La Molisana is 
materially dissimilar to LMI in terms of management, production 
facilities, and supplier relationships. Therefore, we preliminarily 
find that La Molisana is not the successor-in-interest to LMI.\12\
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    \12\ See Preliminary Results in Changed Circumstances Review 
memorandum.
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    Consequently, we preliminarily determine that La Molisana should 
not be given the same antidumping duty treatment as LMI. This 
determination will apply to all entries of the subject merchandise 
entered or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this changed circumstances 
review.\13\ If we reach the same conclusion in the final results, then 
the cash deposit for La Molisana will continue to be 15.45 percent, the 
all-others rate established in the antidumping duty investigation, as 
modified by the section 129 determination.\14\ This cash deposit 
requirement will remain in effect until a company-specific rate is 
calculated for La Molisana.\15\
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    \13\ See Granular Polytetrafluoroethylene Resin from Italy: 
Final Results of Changed Circumstances Review, 68 FR 25327 (May 12, 
2003). See also Delverde.
    \14\ See Notice of Implementation of Section 129.
    \15\ La Molisana is currently being reviewed in an 
administrative review covering the period July 1, 2013 through June 
30, 2014. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 51548 (August 29, 2014).
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Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs not later than 10 days after the date of publication of this 
notice via ACCESS. ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records 
Unit, room 7046, of the main Department of Commerce building. Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed not 
later than five days after the date for filing case briefs. Parties who 
submit case briefs or rebuttal briefs in this proceeding 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.
    Pursuant to 19 CFR 351.310(c), interested parties who 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. An electronically filed 
document must be received successfully in its entirety by ACCESS, no 
later than 5:00 p.m. Eastern Time within 10 days after the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of issues to be discussed. Issues raised in the hearing 
will be limited to those raised in case briefs.
    Consistent with 19 CFR 351.216(e), we will issue the final results 
of this changed circumstances review no later than 270 days after the 
date on which this review was initiated, or within 45 days after the 
publication of the preliminary results if all parties in this review 
agree to our preliminary results.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(b) and 777(i)(1) of the Act and 19 CFR 
351.216 and 351.221.

    Dated: June 10, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Changed Circumstances 
Review Decision Memorandum

I. Summary

[[Page 35938]]

II. Background
III. Scope of the Order
IV. Discussion of Methodology
V. Analysis
    1. Management
    2. Production Facilities
    3. Supplier Relationship
    4. Customer Base

[FR Doc. 2015-15471 Filed 6-22-15; 8:45 am]
 BILLING CODE 3510-DS-P