Certain Pasta From Italy: Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review, 28481-28483 [2014-11390]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Notices
motion in February 2014 requesting that
each sector in the Bering Sea and
Aleutian Islands Management Area
(BSAI) groundfish fisheries voluntarily
provide a report to the Council on
progress for implementing measures in
their cooperative and inter-cooperative
agreements to minimize the incidental
catch of halibut. These progress reports
are to be provided to the Council at its
June 2014 meeting.
Affected Public: Business or other forprofit organizations.
Frequency: Annually.
Respondent’s Obligation: Voluntary.
This information collection request
may be viewed at reginfo.gov. Follow
the instructions to review Department of
Commerce collections currently under
review by OMB.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or faxed to (202) 395–5806.
Dated: May 13, 2014.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2014–11375 Filed 5–15–14; 8:45 am]
BILLING CODE 3510–22–P
Office of the Secretary
Proposed Information Collection;
Comment Request; Complaint of
Discrimination Based on Sexual
Orientation Against the U.S.
Department of Commerce
Office of the Secretary,
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before July 15, 2014.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at jjessup@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
EMCDONALD on DSK67QTVN1PROD with NOTICES
VerDate Mar<15>2010
20:00 May 15, 2014
Jkt 232001
I. Abstract
Pursuant to Executive Order 11478
and Department of Commerce
Administrative Order (DAO) 215–11, an
employee or applicant for employment
with the Department of Commerce who
alleges that he or she has been subjected
to discriminatory treatment based on
sexual orientation by the Department of
Commerce or one of its sub-agencies,
must submit a signed statement that is
sufficiently precise to identify the
actions or practices that form the basis
of the complaint.
The complainant is also required to
provide an address and telephone
number where the complainant or his or
her representative may be contacted.
Through use of the standardized form
(CD–545), the Office of Civil Rights
proposes to collect the information
required by the Executive Order and
DAO in a uniform manner that will
increase the efficiency of complaint
processing and trend analyses of
complaint activity.
II. Method of Collection
A paper form, signed by the
complainant or his/her designated
representative, must be submitted by
mail or delivery service, in person, or by
facsimile transmission.
DEPARTMENT OF COMMERCE
SUMMARY:
instrument(s) and instructions should
be directed to Kathryn Anderson, (202)
482–3680, or KAnderson@doc.gov.
SUPPLEMENTARY INFORMATION:
III. Data
OMB Control Number: 0690–0024.
Form Number: CD–545.
Type of Review: Regular submission
(extension of a currently approved
information collection).
Affected Public: Individuals or
households.
Estimated Number of Respondents:
20.
Estimated Time per Response: 30
minutes.
Estimated Total Annual Burden
Hours: 10.
Estimated Total Annual Cost to
Public: $0.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
28481
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: May 12, 2014.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2014–11245 Filed 5–15–14; 8:45 am]
BILLING CODE 3510–BP–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta From Italy: Notice of
Preliminary Results of Antidumping
Duty Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
On August 10, 2012, the
Department of Commerce
(‘‘Department’’) initiated a changed
circumstances review of the
antidumping duty order on certain pasta
from Italy in order to determine whether
Delverde Industrie Ailimentari S.p.A.
(‘‘Delverde’’) is the successor-in-interest
to Del Verde S.p.A., a company
excluded from the order.1 We
preliminarily determine that Delverde is
not the successor-in-interest to Del
Verde S.p.A. Interested parties are
invited to comment on these
preliminary results.
SUMMARY:
DATES:
Effective Date: May 16, 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.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, the Department
published in the Federal Register the
antidumping duty order on pasta from
1 See Certain Pasta from Italy: Notice of Initiation
of the Antidumping Duty Changed Circumstances
Review, 77 FR 47816 (May 10, 2012) (‘‘Initiation
Notice’’).
E:\FR\FM\16MYN1.SGM
16MYN1
28482
Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Notices
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 Del
Verde S.p.A. from the order.3
On July 18, 2012, Delverde requested
a changed circumstances review. On
August 10, 2012 the Department
initiated this review.4 On August 16,
2012, the Department requested
additional information from Delverde,
which was submitted on September 20,
2012 (‘‘Supplemental Response’’).
On October, 31, 2012, and November
29, 2012, Petitioners 5 submitted
comments on this review. On December
14, 2012, the Department requested
additional information from Delverde,
which was provided, in part, on January
18, 2013, and after an extension granted,
the remainder was submitted on March
5, 2013 (‘‘Second Supplemental
Response’’).
On February 25, 2013, Petitioners
submitted additional comments. On
March 12, 2013, the Department
requested additional information from
Delverde, which was provided on
March 26, 2013 (‘‘Third Supplemental
Response’’).
EMCDONALD on DSK67QTVN1PROD with NOTICES
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 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
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).
4 See Initiation Notice.
5 Petitioners are New World Pasta Company,
Dakota Growers Pasta Company, and American
Italian Pasta Company.
VerDate Mar<15>2010
20:00 May 15, 2014
Jkt 232001
body and accompanied by a National
Organic Program import certificate for
organic products.6 Effective July 1,
2008, gluten free pasta is also excluded
from this order.7
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.
Preliminary Results of Changed
Circumstances Review
In this changed circumstances review,
pursuant to section 751(b) of the Tariff
Act of 1930, as amended (‘‘the Act’’), the
Department conducted a successor-ininterest analysis. In making such a
successor-in-interest determination, the
Department examines several factors
including, but not limited to, changes
in: (1) Management; (2) production
facilities; (3) supplier relationships; and
(4) customer base.8 While no one or
several of these factors will necessarily
provide a dispositive indication, the
Department will generally consider the
new company to be the successor to the
previous company if its resulting
operation is not materially dissimilar to
that of its predecessor.9 Thus, if the
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 former company, the Department
will assign the new company the cash
deposit rate of its predecessor.10
6 On October 10, 2012, the Department revised
the ‘‘Scope of the Order’’ to recognize the EUauthorized 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.
7 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).
8 See, e.g., Pressure Sensitive Plastic Tape from
Italy: Preliminary Results of Antidumping Duty
Changed Circumstances Review, 75 FR 8925
(February 26, 2010), unchanged in Pressure
Sensitive Plastic Tape From Italy: Final Results of
Antidumping Duty Changed Circumstances Review,
75 FR 27706 (May 18, 2010); and Brake Rotors From
the People’s Republic of China: Final Results of
Changed Circumstances Antidumping Duty
Administrative Review, 70 FR 69941 (November 18,
2005) (Brake Rotors), citing Brass Sheet and Strip
from Canada: Final Results of Antidumping Duty
Administrative Review, 57 FR 20460 (May 13,
1992).
9 See, e.g., Brake Rotors.
10 See id.; see also, e.g., Notice of Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review: Certain Frozen Warmwater
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Delverde explained that in 2005, Del
Verde S.p.A. became insolvent and
entered bankruptcy; the company’s
assets (such as production facilities and
trademark) were subsequently
purchased by a newly formed company,
Delverde, owned by Faro S.r.L. (‘‘Faro’’),
an Italian turnaround investment fund
which made a number of investments
and changes to the company (discussed
below). From 2006 through 2009,
Delverde was in operation, and Faro
described this as the ‘‘Re-Launch’’
period. Between 2008 and 2010,
Molinos Rio De La Plata S.A.
(‘‘Molinos’’), a large Argentinian food
company, purchased and assumed full
control of Delverde.
In conducting a successor-in-interest
analysis, while we generally consider
information from immediately before
and after the formation of a new entity,
the Department considers all
information on the record relevant to
the determination.11 In the instant case,
we analyzed the effect that the
bankruptcy had on the company and the
changes to the management, production
facilities, supplier relationships, and
customer base that occurred as a result
of the bankruptcy and liquidation of Del
Verde S.p.A and its change of
ownership in 2005.
First, we find that there are four
critical aspects of the bankruptcy: (1)
The court found that because Del Verde
S.p.A.’s losses ‘‘had completely wiped
out the company’s stated capital,’’ and
because its shareholders were unable to
make shareholders decisions since June
8, 2004, Del Verde S.p.A., (i.e., the legal
entity that was excluded from this
antidumping duty order) was deprived
of ‘‘the ability to operate,’’ which
provided ‘‘grounds for dissolution of the
company;’’ 12 (2) Faro acquired Del
Verde S.p.A.’s production facility and
trademark, and the sale was approved
by the bankruptcy judge on October 13,
2005; 13 (3) the owners of Delverde are
different from the owners of Del Verde
S.p.A.; 14 (4) the operations of Del Verde
S.p.A. ceased, and another legal entity
produced and sold pasta under the
name of Delverde Industrie Alimentari,
S.p.A. 15
Shrimp From India, 77 FR 64953 (October 24,
2012), unchanged in Final Results of Antidumping
Duty Changed Circumstances Review: Certain
Frozen Warmwater Shrimp From India, 77 FR
73619 (December 11, 2012).
11 See, e.g., Diamond Sawblades and Parts
Thereof from the People’s Republic of China: Final
Results and Termination, in part, of the
Antidumping Duty Changed Circumstance Review,
76 FR 64898 (October 19, 2011).
12 See Second Supplemental Response, at 2.
13 See Changed Circumstance Request, at 3.
14 See id.
15 See Second Supplemental Response, at 2.
E:\FR\FM\16MYN1.SGM
16MYN1
Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Notices
With respect to the management, we
find that there were several important
changes to management as a result of
the bankruptcy and change in
ownership in 2005. Delverde states that
Faro ‘‘. . . added top-level executive
supervisors’’ and installed ‘‘top
executive managers in a few key
positions.’’ 16 While Delverde
characterizes these changes as minor,
we find that these were significant
changes in the top level management.17
We also find that there were significant
changes to Delverde’s suppliers as a
result of the bankruptcy and change in
ownership, though we do not find that
there were significant changes to
Delverde’s customers or production
facilities immediately following the
bankruptcy. However, we find that the
bankruptcy resulted in a significant
change to the company because (1) the
company Delverde S.p.A. effectively
ceased to exist as a commercial entity;
and (2) the company that purchased the
existing assets, Faro, took extensive
measures to ‘‘relaunch’’ or ‘‘restart’’ the
pasta business that used to be Delverde
S.p.A.; and (3) although the pasta
factory and the Delverde brand name
were constant elements through the
history of these entities, the magnitude
of the changes, as discussed above and
in the ‘‘Prelim Memo’’ as a result of the
bankruptcy and change in ownership
reflect the creation of a new entity. For
example, Faro’s investments in the
factory totaled approximately 2.8
million Euros, and affected machinery,
plant facilities, and laboratory
equipment. These investments were
made to restart operations, improve
productive and administrative
efficiency, and to upgrade product
quality.18 Therefore, we preliminarily
find that the record evidence does not
support Delverde’s claim that it is the
successor-in-interest to Del Verde S.p.A.
Consequently, we preliminarily
determine that Delverde should not be
given the same antidumping duty
treatment as Del Verde S.p.A, which
was excluded from the order. Instead,
Delverde, as a new entity, is not
excluded from the order.19 This
16 See
Changed Circumstance Request, at 5.
of the proprietary nature of the
information concerning the changes to management
as a result of the 2005 bankruptcy and change in
ownership, for further discussion see ‘‘Preliminary
Successor-in-Interest Determination Analysis
Memorandum’’ (‘‘Prelim Memo’’), dated
concurrently with this notice.
18 See Third Supplemental Response, at 1–3.
19 See Certain Pasta From Italy: Notice of Final
Results of 16th Antidumping Duty Administrative
Review; 2011–2012, 79 FR 11409 (February 28,
2014), in which Delverde Industrie Alimentari
S.p.A. was assigned a company-specific cash
deposit rate of 13.09 percent.
EMCDONALD on DSK67QTVN1PROD with NOTICES
17 Because
VerDate Mar<15>2010
20:00 May 15, 2014
Jkt 232001
determination will apply to all entries of
the subject merchandise entered or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
changed circumstances review.20 This
deposit rate shall remain in effect until
further notice.
Public Comment
Pursuant to 19 CFR 351.309(c),
interested parties may submit cases
briefs not later than 10 days after the
date of publication of this notice 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 https://
iaaccess.trade.gov and is available to all
parties in the Central Records Unit,
Room 7046 of the main Department of
Commerce building. Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed not later than five
days after the date for filing case briefs.
Parties who submit case briefs or
rebuttal briefs in this proceeding 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.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via IA ACCESS. An
electronically filed document must be
received successfully in its entirety by
IA ACCESS, no later than 5:00 p.m.
Eastern Time within 10 days after the
date of publication of this notice.
Requests should contain: (1) The party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in case briefs.
Consistent with 19 CFR 351.216(e),
we will issue the final results of this
changed circumstances review no later
than 270 days after the date on which
this review was initiated, or within 45
days after the publication of the
preliminary results if all parties in this
review agree to our preliminary results.
We are issuing and publishing this
determination and notice in accordance
with sections 751(b) and 777(i)(1) of the
Act and 19 CFR 351.216 and 351.221.
20 See Granular Polytetrafluoroethylene Resin
from Italy: Final Results of Changed Circumstances
Review, 68 FR 25327 (May 12, 2003).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
28483
Dated: May 12, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–11390 Filed 5–15–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–848]
Freshwater Crawfish Tail Meat From
the People’s Republic of China:
Continuation of Antidumping Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) and the International
Trade Commission (the ITC) determined
that revocation of the antidumping duty
(AD) order on freshwater crawfish tail
meat from the People’s Republic of
China (PRC) would likely lead to
continuation or recurrence of dumping
and material injury to an industry in the
United States. Therefore, the
Department is publishing a notice of
continuation of this AD order.
DATES: Effective Date: May 16, 2014.
FOR FURTHER INFORMATION CONTACT:
Sandra Dreisonstok or Minoo Hatten,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0768 or (202) 482–1690,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On November 1, 2013, the Department
published the notice of initiation of the
third sunset review of the AD order on
freshwater crawfish tail meat from the
PRC, pursuant to section 75l(c) of the
Tariff Act of 1930, as amended (the
Act).1 As a result of its review, the
Department determined that revocation
of the AD order on freshwater crawfish
tail meat from the PRC would likely
lead to continuation or recurrence of
dumping and notified the ITC of the
magnitude of the margin likely to
prevail should the order be revoked.2
1 See Initiation of Five-Year (‘‘Sunset’’) Review, 78
FR 65614 (November 1, 2013).
2 See Freshwater Crawfish Tail Meat From the
People’s Republic of China: Final Results of the
Third Expedited Sunset Review of the Antidumping
Duty Order, 79 FR 13278 (March 10, 2014).
E:\FR\FM\16MYN1.SGM
16MYN1
]]>Agencies
[Federal Register Volume 79, Number 95 (Friday, May 16, 2014)]
[Notices]
[Pages 28481-28483]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11390]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Notice of Preliminary Results of
Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 10, 2012, the Department of Commerce
(``Department'') initiated a changed circumstances review of the
antidumping duty order on certain pasta from Italy in order to
determine whether Delverde Industrie Ailimentari S.p.A. (``Delverde'')
is the successor-in-interest to Del Verde S.p.A., a company excluded
from the order.\1\ We preliminarily determine that Delverde is not the
successor-in-interest to Del Verde S.p.A. Interested parties are
invited to comment on these preliminary results.
---------------------------------------------------------------------------
\1\ See Certain Pasta from Italy: Notice of Initiation of the
Antidumping Duty Changed Circumstances Review, 77 FR 47816 (May 10,
2012) (``Initiation Notice'').
---------------------------------------------------------------------------
DATES: Effective Date: May 16, 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.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, the Department published in the Federal Register
the antidumping duty order on pasta from
[[Page 28482]]
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 Del Verde S.p.A. from the
order.\3\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
On July 18, 2012, Delverde requested a changed circumstances
review. On August 10, 2012 the Department initiated this review.\4\ On
August 16, 2012, the Department requested additional information from
Delverde, which was submitted on September 20, 2012 (``Supplemental
Response'').
---------------------------------------------------------------------------
\4\ See Initiation Notice.
---------------------------------------------------------------------------
On October, 31, 2012, and November 29, 2012, Petitioners \5\
submitted comments on this review. On December 14, 2012, the Department
requested additional information from Delverde, which was provided, in
part, on January 18, 2013, and after an extension granted, the
remainder was submitted on March 5, 2013 (``Second Supplemental
Response'').
---------------------------------------------------------------------------
\5\ Petitioners are New World Pasta Company, Dakota Growers
Pasta Company, and American Italian Pasta Company.
---------------------------------------------------------------------------
On February 25, 2013, Petitioners submitted additional comments. On
March 12, 2013, the Department requested additional information from
Delverde, which was provided on March 26, 2013 (``Third Supplemental
Response'').
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 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.\6\ Effective
July 1, 2008, gluten free pasta is also excluded from this order.\7\
---------------------------------------------------------------------------
\6\ 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.
\7\ 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).
---------------------------------------------------------------------------
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.
Preliminary Results of Changed Circumstances Review
In this changed circumstances review, pursuant to section 751(b) of
the Tariff Act of 1930, as amended (``the Act''), the Department
conducted a successor-in-interest analysis. In making such a successor-
in-interest determination, the Department examines several factors
including, but not limited to, changes in: (1) Management; (2)
production facilities; (3) supplier relationships; and (4) customer
base.\8\ While no one or several of these factors will necessarily
provide a dispositive indication, the Department will generally
consider the new company to be the successor to the previous company if
its resulting operation is not materially dissimilar to that of its
predecessor.\9\ Thus, if the 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 former company, the
Department will assign the new company the cash deposit rate of its
predecessor.\10\
---------------------------------------------------------------------------
\8\ See, e.g., Pressure Sensitive Plastic Tape from Italy:
Preliminary Results of Antidumping Duty Changed Circumstances
Review, 75 FR 8925 (February 26, 2010), unchanged in Pressure
Sensitive Plastic Tape From Italy: Final Results of Antidumping Duty
Changed Circumstances Review, 75 FR 27706 (May 18, 2010); and Brake
Rotors From the People's Republic of China: Final Results of Changed
Circumstances Antidumping Duty Administrative Review, 70 FR 69941
(November 18, 2005) (Brake Rotors), citing Brass Sheet and Strip
from Canada: Final Results of Antidumping Duty Administrative
Review, 57 FR 20460 (May 13, 1992).
\9\ See, e.g., Brake Rotors.
\10\ See id.; see also, e.g., Notice of Initiation and
Preliminary Results of Antidumping Duty Changed Circumstances
Review: Certain Frozen Warmwater Shrimp From India, 77 FR 64953
(October 24, 2012), unchanged in Final Results of Antidumping Duty
Changed Circumstances Review: Certain Frozen Warmwater Shrimp From
India, 77 FR 73619 (December 11, 2012).
---------------------------------------------------------------------------
Delverde explained that in 2005, Del Verde S.p.A. became insolvent
and entered bankruptcy; the company's assets (such as production
facilities and trademark) were subsequently purchased by a newly formed
company, Delverde, owned by Faro S.r.L. (``Faro''), an Italian
turnaround investment fund which made a number of investments and
changes to the company (discussed below). From 2006 through 2009,
Delverde was in operation, and Faro described this as the ``Re-Launch''
period. Between 2008 and 2010, Molinos Rio De La Plata S.A.
(``Molinos''), a large Argentinian food company, purchased and assumed
full control of Delverde.
In conducting a successor-in-interest analysis, while we generally
consider information from immediately before and after the formation of
a new entity, the Department considers all information on the record
relevant to the determination.\11\ In the instant case, we analyzed the
effect that the bankruptcy had on the company and the changes to the
management, production facilities, supplier relationships, and customer
base that occurred as a result of the bankruptcy and liquidation of Del
Verde S.p.A and its change of ownership in 2005.
---------------------------------------------------------------------------
\11\ See, e.g., Diamond Sawblades and Parts Thereof from the
People's Republic of China: Final Results and Termination, in part,
of the Antidumping Duty Changed Circumstance Review, 76 FR 64898
(October 19, 2011).
---------------------------------------------------------------------------
First, we find that there are four critical aspects of the
bankruptcy: (1) The court found that because Del Verde S.p.A.'s losses
``had completely wiped out the company's stated capital,'' and because
its shareholders were unable to make shareholders decisions since June
8, 2004, Del Verde S.p.A., (i.e., the legal entity that was excluded
from this antidumping duty order) was deprived of ``the ability to
operate,'' which provided ``grounds for dissolution of the company;''
\12\ (2) Faro acquired Del Verde S.p.A.'s production facility and
trademark, and the sale was approved by the bankruptcy judge on October
13, 2005; \13\ (3) the owners of Delverde are different from the owners
of Del Verde S.p.A.; \14\ (4) the operations of Del Verde S.p.A.
ceased, and another legal entity produced and sold pasta under the name
of Delverde Industrie Alimentari, S.p.A. \15\
---------------------------------------------------------------------------
\12\ See Second Supplemental Response, at 2.
\13\ See Changed Circumstance Request, at 3.
\14\ See id.
\15\ See Second Supplemental Response, at 2.
---------------------------------------------------------------------------
[[Page 28483]]
With respect to the management, we find that there were several
important changes to management as a result of the bankruptcy and
change in ownership in 2005. Delverde states that Faro ``. . . added
top-level executive supervisors'' and installed ``top executive
managers in a few key positions.'' \16\ While Delverde characterizes
these changes as minor, we find that these were significant changes in
the top level management.\17\ We also find that there were significant
changes to Delverde's suppliers as a result of the bankruptcy and
change in ownership, though we do not find that there were significant
changes to Delverde's customers or production facilities immediately
following the bankruptcy. However, we find that the bankruptcy resulted
in a significant change to the company because (1) the company Delverde
S.p.A. effectively ceased to exist as a commercial entity; and (2) the
company that purchased the existing assets, Faro, took extensive
measures to ``relaunch'' or ``restart'' the pasta business that used to
be Delverde S.p.A.; and (3) although the pasta factory and the Delverde
brand name were constant elements through the history of these
entities, the magnitude of the changes, as discussed above and in the
``Prelim Memo'' as a result of the bankruptcy and change in ownership
reflect the creation of a new entity. For example, Faro's investments
in the factory totaled approximately 2.8 million Euros, and affected
machinery, plant facilities, and laboratory equipment. These
investments were made to restart operations, improve productive and
administrative efficiency, and to upgrade product quality.\18\
Therefore, we preliminarily find that the record evidence does not
support Delverde's claim that it is the successor-in-interest to Del
Verde S.p.A.
---------------------------------------------------------------------------
\16\ See Changed Circumstance Request, at 5.
\17\ Because of the proprietary nature of the information
concerning the changes to management as a result of the 2005
bankruptcy and change in ownership, for further discussion see
``Preliminary Successor-in-Interest Determination Analysis
Memorandum'' (``Prelim Memo''), dated concurrently with this notice.
\18\ See Third Supplemental Response, at 1-3.
---------------------------------------------------------------------------
Consequently, we preliminarily determine that Delverde should not
be given the same antidumping duty treatment as Del Verde S.p.A, which
was excluded from the order. Instead, Delverde, as a new entity, is not
excluded from the order.\19\ This determination will apply to all
entries of the subject merchandise entered or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this changed circumstances review.\20\ This deposit rate
shall remain in effect until further notice.
---------------------------------------------------------------------------
\19\ See Certain Pasta From Italy: Notice of Final Results of
16th Antidumping Duty Administrative Review; 2011-2012, 79 FR 11409
(February 28, 2014), in which Delverde Industrie Alimentari S.p.A.
was assigned a company-specific cash deposit rate of 13.09 percent.
\20\ See Granular Polytetrafluoroethylene Resin from Italy:
Final Results of Changed Circumstances Review, 68 FR 25327 (May 12,
2003).
---------------------------------------------------------------------------
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit cases
briefs not later than 10 days after the date of publication of this
notice 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 https://iaaccess.trade.gov
and is available to all parties in the Central Records Unit, Room 7046
of the main Department of Commerce building. Rebuttal briefs, limited
to issues raised in the case briefs, may be filed not later than five
days after the date for filing case briefs. Parties who submit case
briefs or rebuttal briefs in this proceeding 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.
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via IA ACCESS. An electronically filed
document must be received successfully in its entirety by IA ACCESS, no
later than 5:00 p.m. Eastern Time within 10 days after the date of
publication of this notice. Requests should contain: (1) The party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of issues to be discussed. Issues raised in the hearing
will be limited to those raised in case briefs.
Consistent with 19 CFR 351.216(e), we will issue the final results
of this changed circumstances review no later than 270 days after the
date on which this review was initiated, or within 45 days after the
publication of the preliminary results if all parties in this review
agree to our preliminary results.
We are issuing and publishing this determination and notice in
accordance with sections 751(b) and 777(i)(1) of the Act and 19 CFR
351.216 and 351.221.
Dated: May 12, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-11390 Filed 5-15-14; 8:45 am]
BILLING CODE 3510-DS-P
