Certain Pasta From Italy: Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review, 28481-28483 [2014-11390]

Download as PDF 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 http:// 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]


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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.
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    \1\ See Certain Pasta from Italy: Notice of Initiation of the 
Antidumping Duty Changed Circumstances Review, 77 FR 47816 (May 10, 
2012) (``Initiation Notice'').

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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\
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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 
August 16, 2012, the Department requested additional information from 
Delverde, which was submitted on September 20, 2012 (``Supplemental 
Response'').
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    \4\ See Initiation Notice.
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    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'').
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    \5\ Petitioners are New World Pasta Company, Dakota Growers 
Pasta Company, and American Italian Pasta Company.
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    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\
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    \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).
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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.

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\
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    \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).
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    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\
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    \12\ See Second Supplemental Response, at 2.
    \13\ See Changed Circumstance Request, at 3.
    \14\ See id.
    \15\ See Second Supplemental Response, at 2.

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[[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.
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    \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.
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    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.
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    \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).
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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 http://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