Certain Pasta From Italy: Initiation of Changed Circumstances Review, 47090-47091 [2014-19058]

Download as PDF 47090 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Notices Effective Date: August 12, 2014. Eric Greynolds (CVD order), AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6071. SUPPLEMENTARY INFORMATION: DATES: FOR FURTHER INFORMATION CONTACT: Background On February 3, 2014, the Department published the notice of initiation of the first sunset review of the CVD order on circular welded pressure pipe from the PRC, pursuant to section 751(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 CVD order on circular welded pressure pipe from the PRC would likely lead to continuation or recurrence of subsidization and notified the ITC of the subsidy rates likely to prevail should the order be revoked.2 On July 14, 2014, the ITC published its determination, pursuant to section 751(c) of the Act, that revocation of the CVD order on circular welded pressure pipe from the PRC would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.3 emcdonald on DSK67QTVN1PROD with NOTICES Scope of the Order The merchandise covered by this CVD order is circular welded austenitic stainless pressure pipe not greater than 14 inches in outside diameter. This merchandise includes, but is not limited to, the American Society for Testing and Materials (‘‘ASTM’’) A–312 or ASTM A–778 specifications, or comparable domestic or foreign specifications. ASTM A–358 products are only included when they are produced to meet ASTM A–312 or ASTM A–778 specifications, or comparable domestic or foreign specifications. Excluded from the scope are: (1) Welded stainless mechanical tubing, meeting ASTM A–554 or comparable domestic or foreign specifications; (2) boiler, heat exchanger, superheater, refining furnace, feedwater heater, and condenser tubing, meeting ASTM A–249, ASTM A–688 or comparable domestic or foreign specifications; and 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 79 FR 6163 (February 3, 2014). 2 See Circular Welded Austenitic Stainless Pressure Pipe from the People’s Republic of China: Final Results of the Expedited Sunset Review of the Countervailing Duty Order, 79 FR 32911 (June 9, 2014). 3 See Welded Stainless Pressure Pipe From China, 79 FR 40779 (July 14, 2014). VerDate Mar<15>2010 17:45 Aug 11, 2014 Jkt 232001 (3) specialized tubing, meeting ASTM A–269, ASTM A–270 or comparable domestic or foreign specifications. The subject imports are normally classified in subheadings 7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and 7306.40.5085 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). They may also enter under HTSUS subheadings 7306.40.1010, 7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, and 7306.40.5090. The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope is dispositive. Continuation of the Order As a result of the determinations by the Department and the ITC that revocation of this CVD order would likely lead to continuation or recurrence of a countervailable subsidy and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the CVD order on circular welded austenitic stainless pressure pipe. U.S. Customs and Border Protection will continue to collect cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of this order is the date of publication in the Federal Register of this Notice of Continuation. Pursuant to sections 751(c)(2) of the Act, the Department intends to initiate the next five-year review of these finding/orders not later than 30 days prior to the fifth anniversary of the effective date of this continuation. This five-year (sunset) review and notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: July 31, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–18706 Filed 8–11–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–818] Certain Pasta From Italy: Initiation of Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) received information AGENCY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 sufficient to warrant initiation of a changed circumstances review of the antidumping duty order on certain pasta (‘‘pasta’’) from Italy. Specifically, based upon a request filed by La Molisana S.p.A. (‘‘La Molisana’’), a producer/ exporter to the United States of subject merchandise, the Department is initiating a changed circumstances review to determine whether La Molisana is the successor-in-interest of La Molisana Industrie Alimentari, S.p.A. (‘‘La Molisana Industrie’’), a respondent in several prior reviews and proceedings of the pasta Order.1 DATES: Effective Date: August 12, 2014. FOR FURTHER INFORMATION CONTACT: Raquel Silva or Erin Begnal, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6475 and (202) 482–1442, respectively. SUPPLEMENTARY INFORMATION: Background On July 24, 1996, the Department published an antidumping duty order on pasta from Italy.2 On June 23, 2014,3 La Molisana informed the Department that, in 2011, the company was bought by the Ferro Family Group, which changed the company’s name from La Molisana Industrie 4 to La Molisana. La Molisana stated that La Molisana Industrie entered bankruptcy proceedings in 2004, but continued to operate and produce pasta uninterrupted until the ownership change and since.5 La Molisana submitted various documents supporting its request, including trademark registration filings with the U.S. government for La Molisana and La Molisana Industrie, organization charts for both entities, and catalogue excerpts for both.6 The company now known as La Molisana requests that: (1) The Department conduct a changed 1 See Notice of Antidumping Duty Order and Amended Final Determination of Sales at Less Than Fair Value: Certain Pasta From Italy, 61 FR 38547 (July 24, 1996) (‘‘Order’’). 2 See Order. 3 See letter from La Molisana, ‘‘Certain Pasta From Italy: Request for Changed Circumstance Review,’’ dated June 23, 2014 (‘‘CCR Request’’), at 4. 4 The CCR Request, at 2–3, indicates that La Molisana Industrie participated as a respondent in the original antidumping duty investigation, and the administrative review covering the period 1998–1999. Its cash deposit rate was again revised during a Section 129 proceeding in 2012 to 0%. 5 See CCR Request, at 4. 6 Id., at Exhibits CC–1(a), CC–1(b), CC–4(d), and CC–4(e). E:\FR\FM\12AUN1.SGM 12AUN1 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Notices circumstances review pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended, (the ‘‘Act’’) and 19 CFR 351.216 to determine that it is the successor-in-interest to La Molisana Industrie for purposes of the antidumping order; and (2) the Department conduct an expedited review pursuant to 19 CFR 351.221(c)(3).7 We received no comments from any other interested party. Scope of the Order Imports covered by the order are shipments of certain non-egg dry pasta in packages of five pounds four ounces or less, whether or not enriched or fortified or containing milk or other optional ingredients such as chopped vegetables, vegetable purees, milk, gluten, diastasis, vitamins, coloring and flavorings, and up to two percent egg white. Excluded from the scope of the order are refrigerated, frozen, or canned pastas, as well as all forms of egg pasta, with the exception of non-egg dry pasta containing up to two percent egg white. Also excluded are imports of organic pasta from Italy that are certified by a European Union (‘‘EU’’) authorized body and accompanied by a National Organic Program import certificate for organic products.8 Pursuant to the Department’s May 12, 2011, changed circumstances review, effective January 1, 2009, gluten-free pasta is also excluded from the scope of the countervailing duty order.9 The merchandise subject to the order is currently classifiable under items 1901.90.90.95 and 1902.19.20 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to the order is dispositive. Initiation of Changed Circumstances Review Pursuant to section 751(b)(1) of the Act, the Department will conduct a changed circumstances review upon receipt of information concerning, or a 7 Id., at 1, 13–14. 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. 9 See Certain Pasta From Italy: Final Results of Countervailing Duty Changed Circumstances Review and Revocation, In Part, 76 FR 27634 (May 12, 2011). request from, an interested party for a review of an antidumping duty order which shows changed circumstances sufficient to warrant a review of the order. In the event that the Department determines that expedited action is warranted, 19 CFR 351.221(c)(3)(ii) permits the Department to combine the notices of initiation and preliminary results. In accordance with 19 CFR 351.216(d), the Department determined that the information submitted by La Molisana constitutes sufficient evidence to conduct a changed circumstances review. In an antidumping duty changed circumstances review involving a successor-in-interest determination, the Department typically examines several factors including, but not limited to, changes in: (1) Management; (2) production facilities; (3) supplier relationships; and (4) customer base.10 While no single factor or combination of factors will necessarily be dispositive, the Department generally will consider the new company to be the successor to the predecessor if the resulting operations are essentially the same as those of the predecessor company.11 Thus, if the record demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as the same business entity as the predecessor company, the Department may assign the new company the cash deposit rate of its predecessor.12 Based on the information provided in its submission, La Molisana provided sufficient evidence to warrant a review to determine if it is the successor-ininterest to La Molisana Industrie. Therefore, pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), we are initiating a changed circumstances review. However, information provided in the submissions, while sufficient for purposes of initiating this review, requires further clarification and/or supplementation before the successorin-interest determination is reached. Accordingly, the Department intends to issue a questionnaire requesting additional information for the review, as provided for by 19 CFR 351.221(b)(2). For that reason, the Department finds emcdonald on DSK67QTVN1PROD with NOTICES 8 On VerDate Mar<15>2010 17:45 Aug 11, 2014 Jkt 232001 10 See, e.g., Certain Activated Carbon From the People’s Republic of China: Notice of Initiation of Changed Circumstances Review, 74 FR 19934, 19935 (April 30, 2009). 11 See, e.g., Notice of Initiation of Antidumping Duty Changed Circumstances Review: Certain Forged Stainless Steel Flanges from India, 71 FR 327 (January 4, 2006). 12 See, e.g., Fresh and Chilled Atlantic Salmon From Norway; Final Results of Changed Circumstances Antidumping Duty Administrative Review, 64 FR 9979, 9980 (March 1, 1999). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 47091 that the expedited action is not warranted and, therefore, is not conducting this review on an expedited basis by publishing preliminary results in conjunction with this notice of initiation. The Department will publish in the Federal Register a notice of the preliminary results of the antidumping duty changed circumstances review, in accordance with 19 CFR 351.221(b)(4), and 19 CFR 351.221(c)(3)(i). That notice will set forth the factual and legal conclusions upon which our preliminary results are based and a description of any action proposed. Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity to comment on the preliminary results of review. In accordance with 19 CFR 351.216(e), the Department will issue the final results of its antidumping duty changed circumstances review not later than 270 days after the date on which the review is initiated, or not later than 45 days if all parties to the proceeding agree to the outcome of the review. This notice is published in accordance with sections 751(b)(l) and 777(i)(l) of the Act and 19 CFR 351.216(b) and 351.221(b)(1). Dated: August 5, 2014. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2014–19058 Filed 8–11–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–964] Seamless Refined Copper Pipe and Tube From the People’s Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2011–2012 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is amending the final results of the 2011–2012 administrative review of the antidumping duty order on seamless refined copper pipe and tube (‘‘copper pipe’’) from the People’s Republic of China (‘‘PRC’’) to correct a ministerial error.1 The period of review (‘‘POR’’) is AGENCY: 1 See Seamless Refined Copper Pipe and Tube From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2011– 2012, 79 FR 23324 (April 28, 2014) (‘‘Final Results’’), and accompanying Issues and Decision Memorandum (‘‘I&D Memo’’). E:\FR\FM\12AUN1.SGM 12AUN1

Agencies

[Federal Register Volume 79, Number 155 (Tuesday, August 12, 2014)]
[Notices]
[Pages 47090-47091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19058]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Initiation of Changed Circumstances 
Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``Department'') received 
information sufficient to warrant initiation of a changed circumstances 
review of the antidumping duty order on certain pasta (``pasta'') from 
Italy. Specifically, based upon a request filed by La Molisana S.p.A. 
(``La Molisana''), a producer/exporter to the United States of subject 
merchandise, the Department is initiating a changed circumstances 
review to determine whether La Molisana is the successor-in-interest of 
La Molisana Industrie Alimentari, S.p.A. (``La Molisana Industrie''), a 
respondent in several prior reviews and proceedings of the pasta 
Order.\1\
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    \1\ See Notice of Antidumping Duty Order and Amended Final 
Determination of Sales at Less Than Fair Value: Certain Pasta From 
Italy, 61 FR 38547 (July 24, 1996) (``Order'').

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DATES: Effective Date: August 12, 2014.

FOR FURTHER INFORMATION CONTACT: Raquel Silva or Erin Begnal, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6475 and (202) 482-1442, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 24, 1996, the Department published an antidumping duty 
order on pasta from Italy.\2\ On June 23, 2014,\3\ La Molisana informed 
the Department that, in 2011, the company was bought by the Ferro 
Family Group, which changed the company's name from La Molisana 
Industrie \4\ to La Molisana. La Molisana stated that La Molisana 
Industrie entered bankruptcy proceedings in 2004, but continued to 
operate and produce pasta un-interrupted until the ownership change and 
since.\5\ La Molisana submitted various documents supporting its 
request, including trademark registration filings with the U.S. 
government for La Molisana and La Molisana Industrie, organization 
charts for both entities, and catalogue excerpts for both.\6\
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    \2\ See Order.
    \3\ See letter from La Molisana, ``Certain Pasta From Italy: 
Request for Changed Circumstance Review,'' dated June 23, 2014 
(``CCR Request''), at 4.
    \4\ The CCR Request, at 2-3, indicates that La Molisana 
Industrie participated as a respondent in the original antidumping 
duty investigation, and the administrative review covering the 
period 1998-1999. Its cash deposit rate was again revised during a 
Section 129 proceeding in 2012 to 0%.
    \5\ See CCR Request, at 4.
    \6\ Id., at Exhibits CC-1(a), CC-1(b), CC-4(d), and CC-4(e).
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    The company now known as La Molisana requests that: (1) The 
Department conduct a changed

[[Page 47091]]

circumstances review pursuant to section 751(b)(1) of the Tariff Act of 
1930, as amended, (the ``Act'') and 19 CFR 351.216 to determine that it 
is the successor-in-interest to La Molisana Industrie for purposes of 
the antidumping order; and (2) the Department conduct an expedited 
review pursuant to 19 CFR 351.221(c)(3).\7\ We received no comments 
from any other interested party.
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    \7\ Id., at 1, 13-14.
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Scope of the Order

    Imports covered by the order are shipments of certain non-egg dry 
pasta in packages of five pounds four ounces or less, whether or not 
enriched or fortified or containing milk or other optional ingredients 
such as chopped vegetables, vegetable purees, milk, gluten, diastasis, 
vitamins, coloring and flavorings, and up to two percent egg white.
    Excluded from the scope of the order are refrigerated, frozen, or 
canned pastas, as well as all forms of egg pasta, with the exception of 
non-egg dry pasta containing up to two percent egg white. Also excluded 
are imports of organic pasta from Italy that are certified by a 
European Union (``EU'') authorized body and accompanied by a National 
Organic Program import certificate for organic products.\8\ Pursuant to 
the Department's May 12, 2011, changed circumstances review, effective 
January 1, 2009, gluten-free pasta is also excluded from the scope of 
the countervailing duty order.\9\
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    \8\ On October 10, 2012, the Department revised the ``Scope of 
the Order'' to recognize the EU-authorized Italian agents for 
purposes of the antidumping and countervailing duty orders on pasta 
from Italy. See Memorandum from Yasmin Nair to Susan Kuhbach, titled 
``Recognition of EU Organic Certifying Agents for Certifying Organic 
Pasta from Italy,'' dated October 10, 2012, which is on file in the 
Department's Central Records Unit.
    \9\ See Certain Pasta From Italy: Final Results of 
Countervailing Duty Changed Circumstances Review and Revocation, In 
Part, 76 FR 27634 (May 12, 2011).
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    The merchandise subject to the order is currently classifiable 
under items 1901.90.90.95 and 1902.19.20 of the Harmonized Tariff 
Schedule of the United States (``HTSUS''). Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise subject to the order is 
dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act, the Department will 
conduct a changed circumstances review upon receipt of information 
concerning, or a request from, an interested party for a review of an 
antidumping duty order which shows changed circumstances sufficient to 
warrant a review of the order. In the event that the Department 
determines that expedited action is warranted, 19 CFR 351.221(c)(3)(ii) 
permits the Department to combine the notices of initiation and 
preliminary results.
    In accordance with 19 CFR 351.216(d), the Department determined 
that the information submitted by La Molisana constitutes sufficient 
evidence to conduct a changed circumstances review. In an antidumping 
duty changed circumstances review involving a successor-in-interest 
determination, the Department typically examines several factors 
including, but not limited to, changes in: (1) Management; (2) 
production facilities; (3) supplier relationships; and (4) customer 
base.\10\ While no single factor or combination of factors will 
necessarily be dispositive, the Department generally will consider the 
new company to be the successor to the predecessor if the resulting 
operations are essentially the same as those of the predecessor 
company.\11\ Thus, if the record demonstrates that, with respect to the 
production and sale of the subject merchandise, the new company 
operates as the same business entity as the predecessor company, the 
Department may assign the new company the cash deposit rate of its 
predecessor.\12\
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    \10\ See, e.g., Certain Activated Carbon From the People's 
Republic of China: Notice of Initiation of Changed Circumstances 
Review, 74 FR 19934, 19935 (April 30, 2009).
    \11\ See, e.g., Notice of Initiation of Antidumping Duty Changed 
Circumstances Review: Certain Forged Stainless Steel Flanges from 
India, 71 FR 327 (January 4, 2006).
    \12\ See, e.g., Fresh and Chilled Atlantic Salmon From Norway; 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
---------------------------------------------------------------------------

    Based on the information provided in its submission, La Molisana 
provided sufficient evidence to warrant a review to determine if it is 
the successor-in-interest to La Molisana Industrie. Therefore, pursuant 
to section 751(b)(1) of the Act and 19 CFR 351.216(d), we are 
initiating a changed circumstances review. However, information 
provided in the submissions, while sufficient for purposes of 
initiating this review, requires further clarification and/or 
supplementation before the successor-in-interest determination is 
reached. Accordingly, the Department intends to issue a questionnaire 
requesting additional information for the review, as provided for by 19 
CFR 351.221(b)(2). For that reason, the Department finds that the 
expedited action is not warranted and, therefore, is not conducting 
this review on an expedited basis by publishing preliminary results in 
conjunction with this notice of initiation. The Department will publish 
in the Federal Register a notice of the preliminary results of the 
antidumping duty changed circumstances review, in accordance with 19 
CFR 351.221(b)(4), and 19 CFR 351.221(c)(3)(i). That notice will set 
forth the factual and legal conclusions upon which our preliminary 
results are based and a description of any action proposed.
    Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have 
an opportunity to comment on the preliminary results of review. In 
accordance with 19 CFR 351.216(e), the Department will issue the final 
results of its antidumping duty changed circumstances review not later 
than 270 days after the date on which the review is initiated, or not 
later than 45 days if all parties to the proceeding agree to the 
outcome of the review.
    This notice is published in accordance with sections 751(b)(l) and 
777(i)(l) of the Act and 19 CFR 351.216(b) and 351.221(b)(1).

    Dated: August 5, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-19058 Filed 8-11-14; 8:45 am]
BILLING CODE 3510-DS-P