[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Notices]
[Pages 40659-40661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14672]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818; C-475-819]
Certain Pasta From Italy: Initiation and Preliminary Results of
Antidumping and Countervailing Duty Changed Circumstances Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is self-initiating
a changed circumstances review of the antidumping (AD) and
countervailing (CVD) orders on certain pasta from Italy \1\ (1) in
furtherance of the purpose of the International Trade Data System
(ITDS) initiative and U.S. Customs and Border Protection's (CBP)
efforts to modernize the electronic submission of import documents
using the Automated Commercial Environment (ACE), and (2) to align
across the AD/CVD Italy Pasta Orders the scope language regarding
certifications accompanying imports of organic pasta. Specifically, in
conjunction with this initiation, the Department preliminarily
determines to convert the certification submission requirement to a
record-keeping requirement, to authorize electronic submission of the
certification, to update the scope language relating to the organic
pasta exclusion, and to align the certification language across the AD/
CVD Italy Pasta Orders. Interested parties are invited to comment on
these preliminary results.
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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); and Notice of Countervailing
Duty Order and Amended Final Affirmative Countervailing Duty
Determination: Certain Pasta (``Pasta'') From Italy, 61 FR 38544
(July 24, 1996) (collectively, AD/CVD Italy Pasta Orders).
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DATES: Effective Date: June 22, 2016.
FOR FURTHER INFORMATION CONTACT: Jennifer Meek, Office I for AD/CVD
Operations, at (202) 482-2778; George McMahon, Office III for AD/CVD
Operations, at (202) 482-1167; or Sam Zengotitabengoa, Customs Liaison
Unit for AD/CVD Operations, at (202) 482-4195, AD/CVD Operations,
Enforcement & Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
The ITDS is an electronic trade data interchange system authorized
pursuant to section 405 of the Security and Accountability for Every
(SAFE) Port Act of 2006, Public Law 109-347. The purpose of ITDS, as
defined by Section 405 of the SAFE Port Act of 2006, ``is to eliminate
redundant information requirements, to efficiently regulate the flow of
commerce, and to effectively enforce laws and regulations relating to
international trade, by establishing a single portal system, operated
by the United States Customs and Border Protection, for the collection
and distribution of standard electronic import and export data required
by all participating Federal agencies.'' On October 13, 2015, CBP
issued an interim final rule to amend its regulations to provide that,
as of November 1, 2015, ACE is a CBP-authorized Electronic Data
Interchange System which may be used for the filing of entries and
entry summaries.\2\
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\2\ See Automated Commercial Environment (ACE) Filings for
Electronic Entry/Entry Summary (Cargo Release and Related Entry), 80
FR 61278 (October 13, 2015) (Interim Final Rule); and Notice
Announcing the Automated Commercial Environment (ACE) as the Sole
CBP-Authorized Electronic Data Interchange (EDI) System for
Processing Certain Electronic Entry and Entry Summary Filings, 81 FR
10264 (February 29, 2016) (General Notice).
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Scope of the AD/CVD Italy Pasta Orders
On July 24, 1996, the Department published the notice of the AD/CVD
Italy Pasta Orders in the Federal Register with nearly identical
language regarding the scope of the orders.\3\ In particular, the scope
language covered:
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\3\ See AD/CVD Italy Pasta Orders.
Certain non-egg dry pasta in packages of five pounds (or 2.27
kilograms) or less, whether or not enriched or fortified or
containing milk or other optional ingredients such as chopped
vegetables, vegetable purees, milk, gluten, diastases, 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 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 accompanied by the appropriate certificate issued by the
Associazione Marchigiana Agricultura Biologica (AMAB) or by
Bioagricoop scrl.
On July 9, 1996, after the date of our final antidumping duty
determination, Euro-USA Trading Co., Inc., of Pawcatuck, CT,
submitted materials to the Department supporting its request for an
exclusion for pasta certified to be ``organic pasta.'' Among the
documents submitted are a decree from the Italian Ministry of
Agriculture and Forestry authorizing Bioagricoop scrl to certify
foodstuffs as organic for the implementation of EEC Regulation 2029/
91. Also submitted is a letter (with an accompanying translation
into English) from the Director of Controls of Processing and
Marketing Firms at Bioagricoop stating that the organization will
take responsibility for its organic pasta certificates and will
supply the necessary documentation to U.S. authorities. On this
basis, imports of organic pasta from Italy that are accompanied by
the appropriate certificate issued by Bioagricoop scrl are excluded
from the scope of this order.\4\
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\4\ Note that a modified version of this paragraph has appeared
in the scope description in all subsequent administrative reviews,
which has no material impact on the scope's coverage.
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The merchandise under order is currently classifiable under
items 1902.19.20 of the Harmonized Tariff Schedule of the United
States (HTSUS). Although the HTSUS subheadings are provided for
convenience and customs purposes, our written description of the
scope of this investigation is dispositive.
As noted in the language comprising the scope of the orders, our
written description of the scope of the orders is dispositive. However,
the notices published in connection with subsequent administrative
reviews of the orders have contained minor differences in language
regarding the identification of the authority that issues the organic
certifications. Specifically, the most recent published final results
in the CVD proceeding \5\ states, with regard to this exclusion and
certification for organic pasta, ``{a{time} lso excluded are imports of
organic pasta from Italy that are accompanied by the appropriate
certificate issued by the Instituto Mediterraneo Di Certificzione, by
QC&I International Services, by Ecocert Italia, by Consorzio per il
Controllo dei Prodotti Biologici, by Associazion Italiana per
l'Agricoltra Biologica, or by Ambientale.'' By comparison, the most
recent published final results in the AD proceeding \6\
[[Page 40660]]
states, ``{a{time} lso 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.''
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\5\ See Certain Pasta From Italy: Final Results of
Countervailing Duty Administrative Review; 2012, 80 FR 11172 (March
2, 2015), and accompanying Issues and Decision Memorandum at ``Scope
of the Order.''
\6\ Certain Pasta From Italy: Final Results of Antidumping Duty
Administrative Review; 2012-2013, 80 FR 8604 (February 18, 2015),
and accompanying Issues and Decision Memorandum at ``Scope of the
Order.''
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In connection with the organic exclusion language, both the 2010
and 2010-2011 administrative reviews of the CVD and AD orders on pasta
from Italy cite the same October 10, 2012, memorandum (``Recognition of
EU Organic Certifying Agents for Certifying Organic Pasta from
Italy''). The Department has placed a copy of that memorandum on the
records of these changed circumstances reviews. In that memorandum, at
page 2, the Department stated, ``. . . we intend to update the scope
language to clarify that organic pasta from Italy is excluded from the
scope when accompanied by the appropriate NOP certificate issued by any
EU control body or control authorities identified by the USDA as part
of the U.S.-EU Partnership on Organic Trade . . .'' The Department
stated that the scope language for both orders would read: ``Also
excluded are imports of organic pasta from Italy that are certified by
an EU authorized body and accompanied by a National Organic Program
import certificate for organic products.''
Initiation and Preliminary Results 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 of an antidumping or countervailing duty order
when it receives information which shows changed circumstances
sufficient to warrant such a review. In this case, the Department has
determined that the advent of ITDS constitutes sufficient circumstances
to conduct a changed circumstances review of the AD/CVD Italy Pasta
Orders. Further, the Department does not require any additional
information to make a preliminary finding. For this reason, as
permitted by 19 CFR 351.221(c)(3)(ii), the Department finds that
expedited action is warranted and is conducting this review on an
expedited basis by publishing preliminary results in conjunction with
this notice of initiation.
Currently the scope of the AD/CVD Italy Pasta Orders requires that
in order for a specific entry to be exempted from the AD and CVD orders
based on the exclusion of organic pasta, the certifications must
accompany the entry. Consistent with the ITDS initiative, which aims to
streamline the information filed with the U.S. Government via ACE as
part of the import and export process, the Department evaluated whether
the organic certification submission requirement related to the AD/CVD
Italy Pasta Orders may be simplified. Based on our evaluation, we have
preliminarily determined that it is appropriate to convert the
certification requirement from an Entry Summary submission requirement
to a record-keeping requirement for the exporter and the importer,
consistent with the Department of Agriculture's National Organic
Program, and the ITDS' goal to streamline the import process.\7\
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\7\ See the Organic Foods Production Act of 1990 (7 U.S.C.,
Chapter 94): Sec. 6519. ``Recordkeeping, investigations, and
enforcement. (a) Recordkeeping. (1) In general, Except as otherwise
provided in this chapter, each person who sells, labels, or
represents any agricultural product as having been produced or
handled using organic methods shall make available to the Secretary
or the applicable governing State official, on request by the
Secretary or official, all records associated with the agricultural
product.''
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Under such a record-keeping requirement, both the exporter and the
importer would be required to maintain a copy of the original
certification in their respective records, as well as documentation
supporting the certification, that would be subject to verification by
the U.S. Government. Because this certification requirement would be a
record-keeping requirement, the exporter and importer would be required
to submit the certification in response to a request from CBP or the
Department, in the form or manner required by the requesting agency.
Additionally, the certification should be issued, signed and dated
prior to the merchandise being exported from Italy. Entries for which
an exporter or importer is unable to produce the required certification
upon the request of CBP or the Department may be subject to antidumping
or countervailing duties.
Additionally, the Department preliminarily proposes to update the
exclusion language for organic pasta. Specifically, the Department
proposes to remove the reference to the National Organic Program
certificate because the documentation may change over time. Finally,
the Department preliminarily determines to align the scope language of
the AD/CVD Italy Pasta Orders to reflect the Department's intent that
the same certification authority (or authorities) is acceptable for
purposes of both orders and to reflect the change from an entry
submission to a record-keeping requirement.
Based on the foregoing, we propose altering the organic pasta
exclusion and certification language in the AD/CVD Italy Pasta Orders
to read as follows:
Also excluded are imports of organic pasta from Italy that are
certified by an EU authorized body in accordance with the United
State 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 Department's proposed language is not intended to change any
requirements under, or aspects of, the National Organic Program. If
these preliminary results are upheld in the final results, the
Department will revise the scope of the AD/CVD Italy Pasta Orders to
reflect the aforementioned scope language.
Public Comment
Interested parties may submit case briefs in response to these
preliminary results by no later than 14 calendar days after the date of
publication of this notice in the Federal Register.\8\ Rebuttals,
limited to issues raised in the case briefs, may be filed by no later
than five calendar days after the deadline for case briefs. Parties
that submit written comments or rebuttals 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.\9\ Parties who wish to
comment on the preliminary results must file briefs electronically
using ACCESS.\10\ ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, room
B8024 of the main Department of Commerce building. An electronically
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the day on which it is due.\11\
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\8\ Or the next business day, if the deadline falls on a
weekend, federal holiday or any other day when the Department is
closed. See 19 CFR 351.303(b).This applies to submission of rebuttal
comments as well as any request for a hearing.
\9\ See 19 CFR 351.309(c)(2) & (d)(2).
\10\ See 19 CFR 351.303(b) and (f).
\11\ See 19 CFR 351.303(b).
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Any interested party may submit a request for a hearing to the
Assistant Secretary of Enforcement and Compliance using ACCESS within
14 days of publication of this notice in the Federal Register. Hearing
requests should contain the following information: (1) The party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of the issues to be discussed.\12\ Oral
[[Page 40661]]
presentations will be limited to issues raised in the briefs. If a
request for a hearing is made, parties will be notified of the time and
date for the hearing to be held at the U.S. Department of Commerce,
1401 Constitution Avenue NW., Washington, DC 20230.\13\
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\12\ See 19 CFR 351.303(b).
\13\ See 19 CFR 351.310(d).
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Final Results of the Review
In accordance with 19 CFR 351.216(e), the Department intends to
issue the final results of this changed circumstances review not later
than 270 days after the date on which the review is initiated, or
within 45 days if all parties agree to our preliminary finding.
Notification to Parties
This initiation and preliminary results of review notice is
published in accordance with sections 751(b)(1) and 777(i) of the Act
and 19 CFR 351.216 and 351.221(c)(3)(ii).
Dated: June 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the AD and CVD Orders on Certain Pasta From Italy \1\
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\1\ This scope language will be used in the antidumping and
countervailing duty orders on pasta from Italy.
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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. Note 1.
Pursuant to the Department's August 14, 2009, changed circumstances
review, effective July 1, 2008, gluten free pasta is also excluded
from the scope of the Order.\2\ Note 2. 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
Order.\3\ Note 3. Effective January 1, 2012, ravioli and tortellini
filled with cheese and/or vegetables are also excluded from the
scope of the Order. Note 4.
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\2\ This sentence is applicable only to the AD Italy Pasta
Order.
\3\ This sentence is applicable only to the CVD Italy Pasta
Order.
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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
State 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.
Note 1: See Memorandum to Richard Moreland, dated August 25,
1997, which is on file in the CRU.
Note 2: 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).
Note 3: See Certain Pasta From Italy: Final Results of
Countervailing Duty Changed Circumstances Review and Revocation, In
Part, 76 FR 27634 (May 12, 2011).
Note 4: 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).
[FR Doc. 2016-14672 Filed 6-21-16; 8:45 am]
BILLING CODE 3510-DS-P