Certain Pasta From Italy: Initiation of Changed Circumstances Review, 47090-47091 [2014-19058]
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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).
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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:
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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
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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
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17:45 Aug 11, 2014
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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).
PO 00000
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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]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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'').
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\7\ Id., at 1, 13-14.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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
