[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Notices]
[Pages 62864-62865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22007]


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

SUMMARY: 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 Tamma Industrie Alimentari di 
Capitanata, S.r.L. (Tamma).

DATES: Effective September 13, 2016.

FOR FURTHER INFORMATION CONTACT: Joy Zhang, AD/CVD Operations, Office 
III, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, 
DC 20230; telephone: (202) 482-1168.

Background

    On July 24, 1996, the Department published in the Federal Register 
the antidumping duty order on pasta from Italy, which included Delverde 
S.p.A. and its affiliate Tamma (collectively, Delverde).\1\ Pursuant to 
a decision by the Court of International Trade, on remand, the 
Department determined that Delverde had a de minimis dumping margin and 
should be excluded from the 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) (AD Order).
    \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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    In 2014, the Department conducted a changed circumstances review of 
Delverde S.p.A and found that Delverde Industrie Alimentari S.p.A. 
(Delverde) was not a successor-in-interest to Delverde S.p.A. based on 
aspects of the bankruptcy of Delverde S.p.A., changes in management, 
changes in supplier relationships, and changes in production 
facilities.\3\ Thus, the Department found that Delverde was not 
entitled to the defunct entity's antidumping exclusion from the AD 
Order.\4\
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    \3\ See Certain Pasta from Italy: Notice of Preliminary Results 
of Antidumping Duty Changed Circumstances Review, 79 FR 28481 (May 
16, 2014); unchanged in Certain Pasta from Italy: Notice of Final 
Results of Antidumping Duty Changed Circumstances Review, 79 FR 
76339 (September 19, 2014) and accompanying Issues and Decision 
Memorandum (Delverde CCR).
    \4\ See Delverde CCR.
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    On July 29, 2016, American Italian Pasta Company, Dakota Growers 
Pasta Company, and New World Pasta Company (Petitioners) filed a 
request for the Department to initiate a changed circumstances review 
of Tamma to determine whether Tamma is the successor-in-interest to the 
same company that was excluded from the AD Order.\5\
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    \5\ See Petitioners' letter titled, ``Request for 2015-2016 
Administrative Reviews of the Antidumping Duty Order on Certain 
Pasta from Italy,'' dated July 29, 2016. This letter requests an 
administrative review and changed circumstances review of Tamma. On 
August 11, 2016, Petitioners refiled this review request to clarify 
the specific company names requested for review.
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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

[[Page 62865]]

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 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 certified by a 
European Union (EU) authorized body and accompanied by a National 
Organic Program import certificate for organic products. Effective July 
1, 2008, gluten free pasta is also excluded from this order.
    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 AD Order is dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(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.\6\
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    \6\ 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), 
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 Petitioners submitted in their July 29, 
2016, 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 Tamma is the successor-in-interest to the 
company excluded from the AD Order that was previously affiliated with 
the now defunct Delverde S.p.A.\7\ Therefore, in accordance with the 
above-referenced statute and regulation, the Department is initiating a 
changed circumstances review.
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    \7\ 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.\8\ 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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    \8\ 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: September 7, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-22007 Filed 9-12-16; 8:45 am]
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