[Federal Register Volume 79, Number 182 (Friday, September 19, 2014)]
[Notices]
[Pages 56339-56340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22410]
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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 May 16, 2014, 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 Delverde Industrie Ailimentari S.p.A.
(``Delverde'') was not the successor-in-interest to Del Verde S.p.A., a
company excluded from the order.\1\ We received comments from
interested parties. Based on our analysis, for the final results, the
Department continues to find that Delverde is not the successor-in-
interest to Del Verde S.p.A.
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\1\ See Certain Pasta From Italy: Notice of Preliminary Results
of Antidumping Duty Changed Circumstances Review, 79 FR 28481 (May
16, 2014) (``Preliminary Results'').
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DATES: Effective Date: September 19, 2014.
FOR FURTHER INFORMATION CONTACT: James Terpstra, 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) 482-3965.
Background
On July 24, 1996, the Department published in the Federal Register
the antidumping duty order on pasta from Italy.\2\ Pursuant to a
decision by the Court of International Trade, the Department determined
that Del Verde S.p.A. had a de minimis dumping margin and should be
excluded from the order.\3\
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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 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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On July 18, 2012, Delverde requested a changed circumstances
review. On August 10, 2012, the Department initiated this review.\4\ On
May 16, 2014, the Department published in the Federal Register a
preliminary finding that Delverde was not the successor-in-interest to
Del Verde S.p.A.\5\
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\4\ See Certain Pasta From Italy: Notice of Initiation of the
Antidumping Duty Changed Circumstances Review, 77 FR 47816 (May 10,
2012) (``Initiation Notice'').
\5\ See Preliminary Results.
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On May 27, 2014, Delverde submitted a case brief.\6\ On June 9,
2014, Petitioners submitted a rebuttal brief.\7\ The Department
extended the deadline for the final results until August 14, 2014 on
June 23, 2014.\8\
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\6\ See Delverde's May 27, 2014 Case Brief.
\7\ See Petitioner's June 9, 2014 Rebuttal Brief.
\8\ See June 23, 2014 Letter to Delverde.
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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 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.\9\ Effective
July 1, 2008, gluten free pasta is also excluded from this order.\10\
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\9\ 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.
\10\ 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).
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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 order is
dispositive.
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 (``IA
ACCESS''). Access to IA ACCESS is available to registered users at
http://iaaccess.trade.gov and is available to all parties in the
Central Records Unit, Room 7046 of the main Department of Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The paper copy and 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 Delverde was
not the successor-in-interest to Del Verde S.p.A. based on aspects of
the bankruptcy of the company, changes in management, changes in
supplier relationships, and changes in production facilities.\11\ Based
on our analysis of the comments received, the Department continues to
find that Delverde is not the successor-in-interest to Del Verde S.p.A.
and is not excluded from the order.\12\ This determination will apply
to all entries of the subject merchandise entered or withdrawn from
warehouse, for consumption on or after the date of the publication of
the final results.
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\11\ See Preliminary Results.
\12\ See Certain Pasta From Italy: Notice of Final Results of
16th Antidumping Duty Administrative Review; 2001-2012, 79 FR 11409
(February 28, 2014), in which Delverde was assigned a company-
specific cash deposit rate of 13.09 percent.
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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.
Date: September 12 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
APPENDIX
Summary
Background
Discussion of Interested Party Comments
Comment 1: The Purpose of the Changed Circumstances Review
Comment 2: The Significance of the Bankruptcy
Comment 3: Whether the Factors Relied on by the Department
Support its Decision
Recommendation
[FR Doc. 2014-22410 Filed 9-18-14; 8:45 am]
BILLING CODE 3510-DS-P