[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Notices]
[Pages 24845-24846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09866]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Final Results of Changed Circumstances 
Review

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

SUMMARY: On November 9, 2020, the Department of Commerce (Commerce) 
published the preliminary results of the changed circumstances review 
(CCR) of the antidumping duty (AD) order on certain pasta from Italy 
and preliminarily determined that Newlat Food S.p.A. (Newlat) is not 
the successor-in-interest to Delverde

[[Page 24846]]

Industrie Alimentari S.p.A. (Delverde). Based on our analysis for the 
final results, Commerce continues to find that Newlat is not the 
successor-in-interest to Delverde.

DATES: Applicable May 10, 2021.

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 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 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) 
(Order).
    \2\ See Newlat's Letter, ``Certain Pasta from Italy--Request for 
Changed Circumstances Review,'' dated July 30, 2020.
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    On November 9, 2020, Commerce initiated the CCR and preliminarily 
determined that Newlat is not the successor-in-interest to Delverde.\3\ 
On December 11, 2020, Newlat and the petitioners submitted case briefs 
regarding the Preliminary Results.\4\ No party submitted rebuttal 
briefs. On January 13, 2021, Commerce held a video conference with 
counsel to Newlat in lieu of the hearing requested on December 9, 2020, 
the request for which had been withdrawn on December 22, 2020.\5\ 
Commerce received no requests from the petitioner for a hearing.
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    \3\ See Certain Pasta from Italy: Initiation and Preliminary 
Results of Changed Circumstances Review, 85 FR 71315 (November 9, 
2020) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \4\ See Newlat's Letter, ``Certain Pasta from Italy--Changed 
Circumstances Review--Case Brief,'' dated December 11, 2020; see 
also Petitioner's Letter, ``Certain Pasta from Italy--Case Brief,'' 
dated December 11, 2020.
    \5\ See Commerce's Letter, ``Changed Circumstances Review of 
Certain Pasta from Italy: Ex Parte Meeting with Counsel to Newlat,'' 
dated January 13, 2021; see also Newlat's Letter, ``Certain Pasta 
from Italy--Changed Circumstances Review--Request for Public 
Hearing,'' dated December 9, 2020; see also Newlat's Letter, 
``Certain Pasta from Italy--Withdrawal of Hearing Request,'' dated 
December 22, 2020.
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Scope of the Order

    Imports covered by this Order are shipments of certain non-egg dry 
pasta. The merchandise subject to this Order is currently classifiable 
under subheadings 1901.90.9095 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. For 
the full description of the scope of the Order, see the Issues and 
Decision Memorandum.\6\
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    \6\ See accompanying Issues and Decision Memorandum.
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Final Results of Changed Circumstances Review

    All issues raised in the case briefs are addressed in the Issues 
and Decision Memorandum. A list of topics included in the Issues and 
Decision Memorandum is included as an Appendix to this notice. 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 https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/.
    For the reasons set forth in the Preliminary Results and Commerce's 
analysis of the comments received, Commerce continues to find that 
Newlat has not provided sufficient evidence to demonstrate that the 
management, production facilities, supplier relationships, and customer 
base of Newlat, after the acquisition of Delverde, are materially 
similar to those of Delverde before Newlat's acquisition with respect 
to the production and sale of subject merchandise. Thus, Commerce 
continues to find that Newlat is not the successor-in-interest to 
Delverde. For the complete successor-in-interest analysis, refer to the 
Preliminary Decision Memorandum.\7\
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    \7\ Id.
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Cash Deposit Requirements

    As a result of this CCR, Newlat may not receive the company-
specific weighted-average dumping margin previously determined for 
Delverde, but instead shall continue to be subject to the cash deposit 
rate currently in effect for Newlat, which is the all-others rate, 
15.45 percent, as determined in the Section 129 Final.\8\ Further, as 
of the date of publication of these final results in the Federal 
Register, entries of the merchandise produced at the Delverde factory 
shall be treated as entries attributable to Newlat that are subject to 
the cash deposit rate in effect for Newlat.
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    \8\ See Implementation of the Findings of the WTO Panel in US--
Zeroing (EC): Notice of Determinations Under Section 129 of the 
Uruguay Round Agreements Act and Revocations and Partial Revocations 
of Certain Antidumping Duty Orders, 86 FR 25261 (May 4, 2007) 
(Section 129 Final).
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Administrative Protective Order

    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.

Notification to Interested Parties

    We are issuing this determination and publishing these final 
results 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: May 4, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Interested Parties Comments
    Comment 1: Whether Newlat Has Met Commerce's Successor-In-
Interest Criteria
    Comment 2: Relationship Between Delverde and Newlat
    Comment 3: Evidence Supports Commerce's Successor-In-Interest 
Finding
V. Recommendation

[FR Doc. 2021-09866 Filed 5-7-21; 8:45 am]
BILLING CODE 3510-DS-P