[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Notices]
[Pages 71315-71317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24835]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


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

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

SUMMARY: The Department of Commerce (Commerce) is initiating a changed 
circumstances review (CCR) to

[[Page 71316]]

determine if Newlat Food S.p.A. (Newlat) is the successor-in-interest 
to Delverde Industrie Alimentari S.p.A. (Delverde) in the context of 
the antidumping duty order on certain pasta from Italy. We 
preliminarily determine that Newlat is not the successor-in-interest to 
Delverde.

DATES: Applicable November 9, 2020.

FOR FURTHER INFORMATION CONTACT: John Hoffner, 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) 482-3315.

SUPPLEMENTARY INFORMATION:

Background

    On July 14, 1996, Commerce published in the Federal Register an 
antidumping duty (AD) order on certain pasta from Italy.\1\ On July 30, 
2020, Newlat requested that, pursuant to section 751(b) of the Tariff 
Act of 1930, as amended (the Act), and 19 CFR 351.216(b), Commerce 
initiate and conduct a CCR of the Order to determine if Newlat is the 
successor-in-interest to Delverde. Newlat also requested that Commerce 
issue the preliminary results of this CCR in conjunction with the 
notice of initiation, as permitted under 19 CFR 315.221(c)(3)(ii).\2\ 
The domestic industry has filed no comments in response to the request 
for a CCR.
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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 38544 (July 24, 1996) (Order); see also Notice of 
Second Amendment to the Final Determination and Antidumping Duty 
Order: Certain Pasta From Italy, 61 FR 42231 (August 14, 1996).
    \2\ See Newlat's Letter, ``Certain Pasta from Italy--Request for 
Changed Circumstances Review,'' dated July 30, 2020 (Newlat CCR 
Request).
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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 the scope of the Order 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. Multicolored 
pasta, imported in kitchen display bottles of decorative glass that are 
sealed with cork or paraffin and bound with raffia, is excluded from 
the scope of the Order.\3\ Pursuant to Commerce's August 14, 2009, 
changed circumstances review, effective July 1, 2008, gluten free pasta 
is also excluded from the scope of the order.\4\ Effective January 1, 
2012, ravioli and tortellini filled with cheese and/or vegetables are 
also excluded from the scope of the Order.\5\
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    \3\ See Memorandum to Richard Moreland, dated August 25, 1997, 
which is on file in the Central Records Unit.
    \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).
    \5\ See Certain Pasta from Italy: Final Results of Antidumping 
Duty and Countervailing Duty Changed Circumstances Reviews and 
Revocation, in Part, 79 FR 58319, 58320 (September 29, 2014).
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    Also excluded are imports of organic pasta from Italy that are 
certified by an EU authorized body in accordance with the United States 
Department of Agriculture's National Organic Program for organic 
products. The organic pasta certification must be retained by exporters 
and importers and made available to U.S. Customs and Border Protection 
or the Department of Commerce upon request.
    The merchandise subject to this Order 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.

Initiation of CCR

    Pursuant to section 751(b)(1)(A) of the Act and 19 CFR 351.216(d), 
Commerce will conduct a CCR upon receipt of a request from an 
interested party or receipt of information which shows changed 
circumstances sufficient to warrant a review of the order. The 
information provided by Newlat demonstrates changed circumstances 
sufficient to warrant a review to determine if Newlat is the successor-
in-interest to Delverde, in accordance with 19 CFR 351.216(d). 
Therefore, in accordance with section 751(b)(1)(A) of the Act and 19 
CFR 351.216(d), Commerce is initiating a CCR to determine whether 
Newlat is the successor-in-interest to Delverde for purposes of the 
Order.
    Section 351.221(c)(3)(ii) of Commerce's regulations permits 
Commerce to combine the notice of initiation and the preliminary 
results if Commerce concludes that expedited action is warranted.\6\ In 
this instance, because the record contains information necessary to 
make a preliminary finding, we find that expedited action is warranted 
and have combined the notice of initiation and the notice of 
preliminary results.\7\
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    \6\ See Initiation and Preliminary Results of Changed 
Circumstances Reviews: Antidumping Duty Orders on Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, 
from the People's Republic of China and Antidumping Duty Order on 
Certain Crystalline Silicon Photovoltaic Products from the People's 
Republic of China; 82 FR 12558 (March 6, 2017) and accompanying 
Preliminary Decision Memorandum, unchanged in Antidumping Duty 
Orders on Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China and 
Antidumping Duty Orders on Certain Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: Final Results of 
Changed Circumstances Reviews, 82 FR 17797 (April 13, 2017).
    \7\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from 
Italy: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 
2015)], unchanged in Certain Pasta from Italy: Final Results of 
Changed Circumstances Review, 80 FR 48807 (August 14, 2015).
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Methodology

    In this CCR, pursuant to section 751(b) of the Act, Commerce 
conducted a successor-in-interest analysis. In making a successor-in-
interest determination, Commerce examines several factors, including, 
but not limited to, changes in the following: (1) Management; (2) 
production facilities; (3) supplier relationships; and (4) customer 
base.\8\ While no single factor or combination of factors will 
necessarily provide a dispositive indication of succession, generally, 
Commerce will consider the company to be a successor to the previous 
company if the new company's operation is not materially dissimilar to 
that of its predecessor.\9\ Thus, if the record 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 prior company, Commerce may assign the new company the cash deposit 
rate of its predecessor.\10\
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    \8\ See, e.g., Ball Bearings and Parts Thereof from France: 
Final Results of Changed-Circumstances Review, 75 FR 34688 (June 18, 
2010), and accompanying Issues and Decision Memorandum at Comment 1.
    \9\ See, e.g., Fresh and Chilled Atlantic Salmon from Norway; 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979, 9980 (March 1, 1999) (Salmon from 
Norway).
    \10\ See, e.g., Certain Circular Welded Carbon Steel Pipes and 
Tubes from Taiwan: Initiation of Antidumping Duty Changed 
Circumstances Review, 70 FR 17063, 17064 (April 4, 2005); and Salmon 
from Norway, 64 FR at 9980.

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[[Page 71317]]

Preliminary Results of Changed Circumstances Review

    We preliminarily determine that Newlat is not the successor-in-
interest to Delverde. Record evidence submitted by Newlat indicates 
that the post-merger entity (i.e., Newlat, which includes Delverde) 
does not operate as essentially the same business entity as the pre-
merger Delverde with respect to the subject merchandise.\11\ For the 
complete successor-in-interest analysis, refer to the accompanying 
successor-in-interest memorandum.\12\
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    \11\ See Newlat CCR Request.
    \12\ See Memorandum, ``Certain Pasta from Italy: Initiation and 
Preliminary Results of Changed Circumstances Review,'' dated 
concurrently with this notice.
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Public Comment

    In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may 
submit case briefs not later than 30 days after the date of publication 
of this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than seven days after the case briefs, in 
accordance with 19 CFR 351.309(d). 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.\13\
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    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of publication of this notice. Interested 
parties who wish to request a hearing, limited to issues raised in the 
case and rebuttal briefs, must submit a written request to the 
Assistant Secretary for Enforcement and Compliance, U.S. Department of 
Commerce, within 30 days after the date of publication of this notice. 
Requests should contain the party's name, address, and telephone 
number, the number of participants, whether any participant is a 
foreign national, and a list of the issues to be discussed. If a 
request for a hearing is made, Commerce intends to hold the hearing at 
a date and time to be determined. Parties should confirm by telephone 
the date, time, and location of the hearing two days before the 
scheduled date. Parties are reminded that briefs and hearing requests 
are to be filed electronically using Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System, available to registered users at https://access.trade.gov and 
that electronically filed documents must be received successfully in 
their entirety by 5 p.m. Eastern Time on the due date. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\14\
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    \14\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020) (Temporary Rule); and 
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19, 85 FR 41363 (July 10, 2020).
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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 of publication of these preliminary 
results if all parties agree to our preliminary finding.

Notification to Interested Parties

    This notice is published in accordance with sections 751(b)(1) and 
777(i)(1) of the Act and 19 CFR 351.216(b), 351.221(b) and 
351.221(c)(3).

    Dated: November 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-24835 Filed 11-6-20; 8:45 am]
BILLING CODE 3510-DS-P