[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Notices]
[Pages 65985-65987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27458]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Notice of Final Results of Antidumping 
Duty Changed Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 23, 2015, the Department of Commerce (Department) 
published the preliminary results of the changed circumstances review 
of the antidumping duty order on certain pasta from Italy and 
preliminarily determined that La Molisana S.p.A. (La Molisana) was not 
the successor-in-interest to La Molisana Industrie Alimentari, S.p.A. 
(LMI), a respondent in the investigation and several administrative 
reviews.\1\ We received comments from interested

[[Page 65986]]

parties. Based on our analysis, for the final results, the Department 
continues to find that La Molisana is not the successor-in-interest to 
LMI.
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    \1\ See Certain Pasta from Italy: Notice of Preliminary Results 
of Antidumping Duty Changed Circumstances Review, 80 FR 35936 (June 
23, 2015) (Preliminary Results) and accompanying Preliminary 
Decision Memorandum.

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DATES: Effective Date: October 28, 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) 482-3692.

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 
June 23, 2015, the Department published in the Federal Register a 
preliminary finding that La Molisana was not the successor-in-interest 
to LMI.\6\
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    \5\ See Certain Pasta From Italy: Initiation of Changed 
Circumstances Review, 79 FR 47090 (August 12, 2014).
    \6\ See Preliminary Results.
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    On July 2, 2015, La Molisana submitted a case brief.\7\ On July 10, 
2015, Petitioners submitted a rebuttal brief.\8\ A hearing was held on 
July 15, 2015. The Department extended the deadline for the final 
results until October 21, 2015.\9\
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    \7\ See La Molisana's July 2, 2015 Case Brief.
    \8\ See Petitioners' July 10, 2015 Rebuttal Brief.
    \9\ See October 13, 2015 Letter to La Molisana.
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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.\10\
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    \10\ For a full description of the scope of the order, see the 
Preliminary Decision Memorandum at 2.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this changed circumstances review are addressed in the Issues and 
Decision Memorandum, which is hereby adopted by this notice. A list of 
the issues which parties have raised, and to which we have responded in 
the Issues and Decision Memorandum, is attached to this notice as an 
Appendix. 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 http://access.trade.gov, and 
it is available to all parties in the Central Records Unit, room B8024, 
of the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the internet at http://enforcement.trade.gov/frn/. The signed Issues 
and Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.

Final Results of Changed Circumstances Review

    For the Preliminary Results, the Department found that La Molisana 
was not the successor-in-interest to LMI based on the totality of the 
record evidence.\11\ Based on the totality of the circumstances, we 
preliminarily determined that La Molisana is materially dissimilar to 
LMI in terms of management, production facilities, and supplier 
relationships.\12\ Based on our analysis of the comments received, the 
Department continues to find that La Molisana is not the successor-in-
interest to LMI pursuant to section 751(b) of the Tariff Act of 1930, 
as amended (the Act) and 19 CFR 351.216.\13\
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    \11\ See Preliminary Results and accompanying Preliminary 
Decision Memorandum.
    \12\ Id.
    \13\ See Issues and Decision Memorandum at Comments 1-6.
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Instructions to U.S. Customs and Border Protection

    As a result of this determination, the Department will instruct 
U.S. Customs and Border Protection to collect estimated antidumping 
duties for all shipments of subject merchandise exported by La Molisana 
and entered, or withdrawn from warehouse, for consumption on or after 
the publication date of this notice in the Federal Register at the 
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 shall remain in effect until further notice.
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    \14\ See Notice of Implementation of Section 129.
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Notification

    This notice serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the 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.
    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Act and 19 CFR 351.216 and 351.221.

    Dated: October 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

APPENDIX

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
V. Discussion of Interested Party Comments
    Comment 1: Whether the Department's Preliminary Results Are in 
Accordance With Law and Supported by Record Evidence
    Comment 2: Whether the Department's Analysis of the Management 
Factor Is Flawed
    Comment 3: Whether the Department's Analysis of Production 
Facilities Is Flawed
    Comment 4: Whether the Department's Analysis of Supplier 
Relationships Is Flawed
    Comment 5: Whether the Department's Analysis of Customer Base Is 
Flawed

[[Page 65987]]

    Comment 6: Whether the Department Failed To Reject Petitioners' 
Improperly Filed Submission
Recommendation
[FR Doc. 2015-27458 Filed 10-27-15; 8:45 am]
 BILLING CODE 3510-DS-P