[Federal Register Volume 79, Number 155 (Tuesday, August 12, 2014)]
[Notices]
[Pages 47090-47091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19058]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Initiation of Changed Circumstances
Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') received
information sufficient to warrant initiation of a changed circumstances
review of the antidumping duty order on certain pasta (``pasta'') from
Italy. Specifically, based upon a request filed by La Molisana S.p.A.
(``La Molisana''), a producer/exporter to the United States of subject
merchandise, the Department is initiating a changed circumstances
review to determine whether La Molisana is the successor-in-interest of
La Molisana Industrie Alimentari, S.p.A. (``La Molisana Industrie''), a
respondent in several prior reviews and proceedings of the pasta
Order.\1\
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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) (``Order'').
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DATES: Effective Date: August 12, 2014.
FOR FURTHER INFORMATION CONTACT: Raquel Silva or Erin Begnal, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6475 and (202) 482-1442, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, the Department published an antidumping duty
order on pasta from Italy.\2\ On June 23, 2014,\3\ La Molisana informed
the Department that, in 2011, the company was bought by the Ferro
Family Group, which changed the company's name from La Molisana
Industrie \4\ to La Molisana. La Molisana stated that La Molisana
Industrie entered bankruptcy proceedings in 2004, but continued to
operate and produce pasta un-interrupted until the ownership change and
since.\5\ La Molisana submitted various documents supporting its
request, including trademark registration filings with the U.S.
government for La Molisana and La Molisana Industrie, organization
charts for both entities, and catalogue excerpts for both.\6\
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\2\ See Order.
\3\ See letter from La Molisana, ``Certain Pasta From Italy:
Request for Changed Circumstance Review,'' dated June 23, 2014
(``CCR Request''), at 4.
\4\ The CCR Request, at 2-3, indicates that La Molisana
Industrie participated as a respondent in the original antidumping
duty investigation, and the administrative review covering the
period 1998-1999. Its cash deposit rate was again revised during a
Section 129 proceeding in 2012 to 0%.
\5\ See CCR Request, at 4.
\6\ Id., at Exhibits CC-1(a), CC-1(b), CC-4(d), and CC-4(e).
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The company now known as La Molisana requests that: (1) The
Department conduct a changed
[[Page 47091]]
circumstances review pursuant to section 751(b)(1) of the Tariff Act of
1930, as amended, (the ``Act'') and 19 CFR 351.216 to determine that it
is the successor-in-interest to La Molisana Industrie for purposes of
the antidumping order; and (2) the Department conduct an expedited
review pursuant to 19 CFR 351.221(c)(3).\7\ We received no comments
from any other interested party.
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\7\ Id., at 1, 13-14.
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Scope of the Order
Imports covered by the 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.
Excluded from the scope of the 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. 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.\8\ Pursuant to
the Department's May 12, 2011, changed circumstances review, effective
January 1, 2009, gluten-free pasta is also excluded from the scope of
the countervailing duty order.\9\
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\8\ On October 10, 2012, the Department revised the ``Scope of
the Order'' to recognize the EU-authorized Italian agents for
purposes of the antidumping and countervailing duty orders on pasta
from Italy. See Memorandum from Yasmin Nair to Susan Kuhbach, titled
``Recognition of EU Organic Certifying Agents for Certifying Organic
Pasta from Italy,'' dated October 10, 2012, which is on file in the
Department's Central Records Unit.
\9\ See Certain Pasta From Italy: Final Results of
Countervailing Duty Changed Circumstances Review and Revocation, In
Part, 76 FR 27634 (May 12, 2011).
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The merchandise subject to the 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 Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act, 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 the event that the Department
determines that expedited action is warranted, 19 CFR 351.221(c)(3)(ii)
permits the Department to combine the notices of initiation and
preliminary results.
In accordance with 19 CFR 351.216(d), the Department determined
that the information submitted by La Molisana constitutes sufficient
evidence to conduct a changed circumstances review. In an antidumping
duty changed circumstances review involving a successor-in-interest
determination, the Department typically examines several factors
including, but not limited to, changes in: (1) Management; (2)
production facilities; (3) supplier relationships; and (4) customer
base.\10\ While no single factor or combination of factors will
necessarily be dispositive, the Department generally will consider the
new company to be the successor to the predecessor if the resulting
operations are essentially the same as those of the predecessor
company.\11\ Thus, if the record demonstrates that, with respect to the
production and sale of the subject merchandise, the new company
operates as the same business entity as the predecessor company, the
Department may assign the new company the cash deposit rate of its
predecessor.\12\
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\10\ See, e.g., Certain Activated Carbon From the People's
Republic of China: Notice of Initiation of Changed Circumstances
Review, 74 FR 19934, 19935 (April 30, 2009).
\11\ See, e.g., Notice of Initiation of Antidumping Duty Changed
Circumstances Review: Certain Forged Stainless Steel Flanges from
India, 71 FR 327 (January 4, 2006).
\12\ 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).
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Based on the information provided in its submission, La Molisana
provided sufficient evidence to warrant a review to determine if it is
the successor-in-interest to La Molisana Industrie. Therefore, pursuant
to section 751(b)(1) of the Act and 19 CFR 351.216(d), we are
initiating a changed circumstances review. However, information
provided in the submissions, while sufficient for purposes of
initiating this review, requires further clarification and/or
supplementation before the successor-in-interest determination is
reached. Accordingly, the Department intends to issue a questionnaire
requesting additional information for the review, as provided for by 19
CFR 351.221(b)(2). For that reason, the Department finds that the
expedited action is not warranted and, therefore, is not conducting
this review on an expedited basis by publishing preliminary results in
conjunction with this notice of initiation. The Department will publish
in the Federal Register a notice of the preliminary results of the
antidumping duty changed circumstances review, in accordance with 19
CFR 351.221(b)(4), and 19 CFR 351.221(c)(3)(i). That notice will set
forth the factual and legal conclusions upon which our preliminary
results are based and a description of any action proposed.
Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have
an opportunity to comment on the preliminary results of review. In
accordance with 19 CFR 351.216(e), the Department will issue the final
results of its antidumping duty changed circumstances review not later
than 270 days after the date on which the review is initiated, or not
later than 45 days if all parties to the proceeding agree to the
outcome of the review.
This notice is published in accordance with sections 751(b)(l) and
777(i)(l) of the Act and 19 CFR 351.216(b) and 351.221(b)(1).
Dated: August 5, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2014-19058 Filed 8-11-14; 8:45 am]
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