Certain Pasta From Italy: Initiation and Preliminary Results of Antidumping Duty and Countervailing Duty Changed Circumstances Reviews, and Intent To Revoke Orders, In Part, 48121-48123 [2014-19401]

Download as PDF Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–475–818, C–475–819] Certain Pasta From Italy: Initiation and Preliminary Results of Antidumping Duty and Countervailing Duty Changed Circumstances Reviews, and Intent To Revoke Orders, In Part Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(b), Grandi Pastai Italiani, Inc. and Grandi Pastai Italiani S.pA. (together, GPI) filed a request for an expedited changed circumstances review of the antidumping duty (AD) and countervailing duty (CVD) orders on certain pasta from Italy 1 to revoke the Orders with respect to certain cheeseand/or vegetable-filled (stuffed) ravioli and tortellini pasta (stuffed ravioli and tortellini pasta). The Department of Commerce (the Department) is initiating a changed circumstances review to be conducted on an expedited basis and issuing a notice of preliminary intent to revoke, in part, the Orders. Interested parties are invited to comment on these preliminary results. DATES: Effective Dates: July 1, 2012 for AD order A–475–818 and January 1, 2012 for CVD order C–475–819 FOR FURTHER INFORMATION CONTACT: Chris Siepmann at (202) 482–7958; 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. emcdonald on DSK67QTVN1PROD with NOTICES AGENCY: Background On July 24, 1996, the Department published in the Federal Register the Orders on certain pasta from Italy. On May 16, 2014, in accordance with sections 751(b) and 751(d)(1) of the Act, 19 CFR 351.216(b), and 19 CFR 351.222(g)(1), GPI, an importer of subject merchandise, requested revocation, in part, of the Orders with respect to its Italian stuffed ravioli and tortellini pasta, filled with cheese and/ or vegetables, as part of a changed circumstances review. GPI requested that the Department conduct the 1 See Notice of Countervailing Duty Order and Amended Final Affirmative Countervailing Duty Determination: Certain Pasta From Italy, 61 FR 38544 (July 24, 1996) and 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) (collectively, the Orders). VerDate Mar<15>2010 17:31 Aug 14, 2014 Jkt 232001 changed circumstances review on an expedited basis pursuant to 19 CFR 351.221(c)(3)(ii). On July 15, 2014, the Department extended the deadline for initiation of this review request by 30 days until August 13, 2014. Scope of the Orders Imports covered by these Orders are shipments of certain non-egg 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 these Orders are refrigerated, frozen, or canned pastas, as well as all forms of egg pasta, with the exception of non-egg dry pasta containing up to two percent egg white. Also excluded are imports of organic pasta from Italy that are accompanied by the appropriate certificate issued by the Instituto Mediterraneo Di Certificzione, by QC&I International Services, by Ecocert Italia, by Consorzio per il Controllo dei Prodotti Biologici, by Associazion Italiana per l’Agricoltra Biologica, by Ambientale.2 Effective July 1, 2008, gluten-free pasta is also excluded from the AD order.3 Effective January 1, 2009, gluten-free pasta is also excluded from the scope of the CVD order.4 The merchandise subject to these Orders is currently classifiable under items 1901.90.9095 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 description of the merchandise subject to the Orders is dispositive. Scope Rulings The Department has issued the following scope rulings to date: 2 See Memorandum from Yasmin Nair to Susan Kuhbach, entitled ‘‘Recognition of EU Organic Certifying Agents for Certifying Organic Pasta from Italy’’ (October 10, 2012), which is on file in the Department’s Central Records Unit (‘‘CRU’’) in Room 7046 of the main Department building. 3 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). 4 See Final Results of Countervailing Duty Changed Circumstances Review and Revocation, In Part, 76 FR 27634 (May 12, 2011) (Pasta from Italy CVD CCR). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 48121 (1) On August 25, 1997, the Department issued a scope ruling finding that multicolored pasta, imported in kitchen display bottles of decorative glass that are sealed with cork or paraffin and bound with raffia, is excluded from the scope of the Orders.5 (2) On July 30, 1998, the Department issued a scope ruling finding that multipacks consisting of six one-pound packages of pasta that are shrinkwrapped into a single package are within the scope of the Orders.6 (3) On October 26, 1998, the Department self-initiated a scope inquiry to determine whether a package weighing over five pounds as a result of allowable industry tolerances is within the scope of the Orders. On May 24, 1999, we issued a final scope ruling finding that, effective October 26, 1998, pasta in packages weighing or labeled up to (and including) five pounds four ounces is within the scope of the Orders.7 (4) On April 27, 2000, the Department self-initiated an anti-circumvention inquiry to determine whether Pastificio Fratelli Pagani S.p.A.’s importation of pasta in bulk and subsequent repackaging in the United States into packages of five pounds or less constitutes circumvention with respect to the Orders pursuant to section 781(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(b).8 On September 19, 2003, we published an affirmative finding in the anticircumvention inquiry.9 (5) On July 18, 2013, the Department issued a scope ruling finding that Valdigrano di Flavio Pagani S.r.L. product which is made from a dough that contains 2.5 percent egg white, by weight, is within the scope of the Orders.10 5 See Memorandum from Edward Easton to Richard Moreland, dated August 25, 1997, which is on file in the CRU. 6 See Letter from Susan H. Kuhbach to Barbara P. Sidari, dated July 30, 1998, which is on file in the CRU. 7 See Memorandum from John Brinkman to Richard Moreland, dated May 24, 1999, which is on file in the CRU. 8 See Certain Pasta From Italy: Notice of Initiation of Anti-Circumvention Inquiry on the Antidumping and Countervailing Duty Orders, 65 FR 26179 (May 5, 2000). 9 See Anti-Circumvention Inquiry of the Antidumping and Countervailing Duty Orders on Certain Pasta from Italy: Affirmative Final Determinations of Circumvention of Antidumping and Countervailing Duty Orders, 68 FR 54888 (September 19, 2003). 10 See Memorandum from Joseph Shuler to Christian Marsh, dated July 18, 2013, which is on file in the CRU. E:\FR\FM\15AUN1.SGM 15AUN1 48122 Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Notices emcdonald on DSK67QTVN1PROD with NOTICES Initiation and Preliminary Results of Changed Circumstances Review, and Consideration of Revocation of the Order In Part Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide that the Department may revoke an order (in whole or in part) if it determines that producers accounting for substantially all of the production of the domestic like product have no further interest in the order, in whole or in part. In addition, in the event 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. On May 16, 2014, GPI requested the Department conduct the changed circumstances review on an expedited basis. On the same day, Petitioners 11 filed a letter in support of GPI’s changed circumstances review request. Petitioners stated that, as producers accounting for substantially all of the production of the domestic like product in support of the Orders, they have no interest in including ravioli and tortellini filled with cheese and/or vegetables in the scope of the Orders.12 Therefore, at the request of GPI and in accordance with sections 751(b)(1) and 751(d)(1) of the Act, 19 CFR 351.216, 19 CFR 351.222(g)(1), and 19 CFR 351.221(c)(3)(ii), we are initiating this changed circumstances review of ravioli and tortellini filled with cheese and/or vegetables from Italy to determine whether partial revocation of the Orders is warranted with respect to this product. In addition, we determine that expedited action is warranted. In accordance with 19 CFR 351.222(g)(1), we find that Petitioners’ affirmative statements of no interest constitutes good cause for the conduct of this review. Additionally, our decision to expedite this review pursuant to 19 CFR 351.221(c)(3)(ii) stems from the domestic industry’s lack of interest in applying the Orders to ravioli and tortellini filled with cheese and/or vegetables. Based on the expression of no interest by Petitioners and absent any objections by other domestic interested parties, we 11 Petitioners in this proceeding include A. Zerega’s Sons, Inc., American Italian Pasta Company, Dakota Growers Pasta Company, New World Pasta Company, Philadelphia Macaroni Company, and ST Specialty Foods. 12 See Letter from Petitioners, ‘‘Changed Circumstances Review Request—Certain Pasta from Italy,’’ dated May 16, 2014. In its administrative practice, the Department has interpreted ‘‘substantially all’’ to mean at least 85 percent of the total production of the domestic like product covered by the order. See, e.g., Pasta from Italy CVD CCR, 76 FR at 27635. VerDate Mar<15>2010 17:31 Aug 14, 2014 Jkt 232001 preliminarily determine that substantially all of the domestic producers have no interest in the continued application of the Orders on pasta from Italy to the merchandise that is subject to GPI’s request. Therefore, we are notifying the public of our intent to revoke, in part, the Orders as they relate to imports of ravioli and tortellini filled with cheese and/or vegetables from Italy. This partial revocation would be retroactively applied to entries of ravioli and tortellini filled with cheese and/or vegetables, entered or withdrawn from warehouse, for consumption, on or after July 1, 2012 for the antidumping duty order and January 1, 2012 for the countervailing duty order, which are the day after the last day of the most recently completed administrative reviews under each order.13 We intend to modify the scope of the AD order to read as follows: Imports covered by these orders are shipments of certain non-egg 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 these orders are refrigerated, frozen, or canned pastas, as well as all forms of egg pasta, with the exception of non-egg dry pasta containing up to two percent egg white. Also excluded are imports of organic pasta from Italy that are accompanied by the appropriate certificate issued by the Instituto Mediterraneo Di Certificzione, by QC&I International Services, by Ecocert Italia, by Consorzio per il Controllo dei Prodotti Biologici, by Associazion Italiana per l’Agricoltra Biologica, by Ambientale.14 Effective July 1, 2008, gluten-free pasta is also excluded from the AD order.15 Effective January 1, 2009, gluten-free pasta is also excluded from the scope of the CVD order.16 Effective July 1, 2012, ravioli and tortellini filled with cheese and/or vegetables are also excluded from the scope of the AD order. Effective January 1, 13 See, e.g., Wooden Bedroom Furniture from the People’s Republic of China: Final Results of Changed Circumstances Review and Determination to Revoke Order in Part, 74 FR 8506 (February 25, 2009) (retroactively revoking an order, in part, to unliquidated entries not subject to a final determination by the Department). 14 See Memorandum from Yasmin Nair to Susan Kuhbach, entitled ‘‘Recognition of EU Organic Certifying Agents for Certifying Organic Pasta from Italy’’ (October 10, 2012), which is on file in the Department’s Central Records Unit (‘‘CRU’’) in Room 7046 of the main Department building 15 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). 16 See Pasta from Italy CVD CCR. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 2012, ravioli and tortellini filled with cheese and/or vegetables are also excluded from the scope of the CVD order. The merchandise subject to these orders is currently classifiable under items 1901.90.9095 and 1902.19.20 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to the description of the merchandise subject to the orders is dispositive. Public Comment Interested parties are invited to comment on these preliminary results. Written comments may be submitted no later than 14 days after the date of publication of these preliminary results. Rebuttals to written comments, limited to issues raised in such comments, may be filed no later than 21 days after the date of publication of these preliminary results. Consistent with 19 CFR 351.309, parties who submit written comments or rebuttal comments in this proceeding are requested to submit with each argument (1) a statement of the issue and (2) a brief summary of the argument (no longer than five pages, including footnotes). Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 10 days of the date of publication of this notice. Further, any hearing, if requested, will be held no later than 25 days after the date of publication of this notice, or the first business day thereafter. All written comments and/or hearing requests must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS).17 An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5 p.m. Eastern Time of the deadlines set forth in this notice. We will issue our final results of this changed circumstances review as soon as practicable following the above comment period, but not later than 270 days after the date on which we initiated the changed circumstances review or within 45 days if all parties agree to our preliminary results, in accordance with 19 CFR 351.216(e). If final revocation occurs, we will instruct U.S. Customs and Border Protection to end the suspension of liquidation for the merchandise covered by the revocation on the effective dates of the notice of revocation and to release any cash deposit or bond. The current requirement for a cash deposit of estimated AD and CVD duties on all subject merchandise will continue 17 See, E:\FR\FM\15AUN1.SGM generally, 19 CFR 351.303. 15AUN1 Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Notices by Commissioner of Customs: June 13, 2014. unless and until it is modified pursuant to the final results of this changed circumstances review. This initiation and preliminary results of review notice is published in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216, 351.221(b)(1), (4), and 351.222(g). Dated: August 11, 2014. Gregory W. Campbell, Director of Subsidies Enforcement, Enforcement and Compliance. Dated: August 8, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. DEPARTMENT OF COMMERCE BILLING CODE 3510–DS–P Proposed Information Collection; Comment Request; Alaska Pacific Halibut and Sablefish Fisheries: Individual Fishing Quotas (IFQs) DEPARTMENT OF COMMERCE International Trade Administration emcdonald on DSK67QTVN1PROD with NOTICES Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106– 36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States. Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before September 4, 2014. Address written comments to Statutory Import Programs Staff, Room 3720, U.S. Department of Commerce, Washington, DC 20230. Applications may be examined between 8:30 a.m. and 5:00 p.m. at the U.S. Department of Commerce in Room 3720. Docket Number: 14–017. Applicant: Chehalis School District, 310 SW 16th Street, Chehalis, WA 98532. Instrument: Electron Microscope. Manufacturer: Tescan, S.R.O., Czech Republic. Intended Use: The instrument is used to study the properties of materials at the nanoscale level. Justification for DutyFree Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: June 10, 2014. Docket Number: 14–018. Applicant: University of Chicago, 5801 South Ellis Avenue, Chicago, IL 60637. Instrument: Electron Microscope. Manufacturer: Brno, Czech Republic. Intended Use: The instrument is used to investigate the cellular ultrastructure at nanometer resolutions. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted Jkt 232001 National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice. AGENCY: Application(s) for Duty-Free Entry of Scientific Instruments 17:31 Aug 14, 2014 BILLING CODE 3510–DS–P National Oceanic and Atmospheric Administration [FR Doc. 2014–19401 Filed 8–14–14; 8:45 am] VerDate Mar<15>2010 [FR Doc. 2014–19406 Filed 8–14–14; 8:45 am] 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 October 14, 2014. SUMMARY: 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 instrument and instructions should be directed to Patsy A. Bearden, (907) 586– 7228 or Patsy.Bearden@noaa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Abstract This request is for an extension of a currently approved information collection. The National Marine Fisheries Service (NMFS) established the Individual Fishing Quotas (IFQs) Program to improve the long-term productivity of the sablefish and Pacific halibut fisheries by further promoting the conservation and management objectives of the Magnuson-Stevens Conservation Act, 16 U.S.C. 1801 et seq., as amended in 2006 (MagnusonStevens Act) (with respect to sablefish) and the Northern Pacific Halibut Act of PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 48123 1982 (with respect to Pacific halibut) while retaining the character and distribution of the fishing fleets as much as possible. The IFQ Program includes several provisions, such as ownership caps and vessel use caps that protect small producers, part-time participants, and entry-level participants that otherwise could be adversely affected by excessive consolidation. The IFQ Program also includes other restrictions to prevent the halibut and sablefish fisheries from domination by large boats or by any particular vessel class. NMFS designed the requirements to maintain a predominantly owneroperated fishery, which was a key characteristic of the halibut and sablefish fisheries prior to the implementation of the IFQ Program. The IFQ Program provides each fisherman an IFQ that can be used any time during the open season to allow each fisherman to set his/her own pace and fishing effort. Under the IFQ Program, quota share (QS) represents a harvesting privilege for a person. Annually, NMFS issues IFQ to QS holders to harvest specified poundage. The specific amount of IFQ held by a person is determined by the number of QS units held, the total number of QS units issued in a specific regulatory area, and the total pounds of sablefish or halibut allocated for the IFQ fisheries in a particular year. Fishermen may harvest the IFQ over the entire fishing season, which extends approximately from March through November 15. II. Method of Collection Respondents have a choice of either electronic or paper forms. Methods of submittal include email of electronic forms, and mail and facsimile transmission of paper forms. III. Data OMB Control Number: 0648–0272. Form Number: None. Type of Review: Regular submission (extension of a currently approved collection). Affected Public: Individuals or households; business or other for-profit organizations. Estimated Number of Respondents: 1,686. Estimated Time Per Response: Application for Eligibility to receive QS/ IFQ (TEC) and QS holder form, Application for Transfer of QS/IFQ to or from a CQE, Application for Transfer of QS/IFQ (includes sweep-up); Application for Military Transfer, Application for Emergency Medical Transfer; 2 hours each; Identification of Ownership Interest, Application for E:\FR\FM\15AUN1.SGM 15AUN1

Agencies

[Federal Register Volume 79, Number 158 (Friday, August 15, 2014)]
[Notices]
[Pages 48121-48123]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19401]



[[Page 48121]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818, C-475-819]


Certain Pasta From Italy: Initiation and Preliminary Results of 
Antidumping Duty and Countervailing Duty Changed Circumstances Reviews, 
and Intent To Revoke Orders, In Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Pursuant to section 751(b) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.216(b), Grandi Pastai Italiani, Inc. 
and Grandi Pastai Italiani S.pA. (together, GPI) filed a request for an 
expedited changed circumstances review of the antidumping duty (AD) and 
countervailing duty (CVD) orders on certain pasta from Italy \1\ to 
revoke the Orders with respect to certain cheese- and/or vegetable-
filled (stuffed) ravioli and tortellini pasta (stuffed ravioli and 
tortellini pasta). The Department of Commerce (the Department) is 
initiating a changed circumstances review to be conducted on an 
expedited basis and issuing a notice of preliminary intent to revoke, 
in part, the Orders. Interested parties are invited to comment on these 
preliminary results.
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    \1\ See Notice of Countervailing Duty Order and Amended Final 
Affirmative Countervailing Duty Determination: Certain Pasta From 
Italy, 61 FR 38544 (July 24, 1996) and 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) 
(collectively, the Orders).

DATES: Effective Dates: July 1, 2012 for AD order A-475-818 and January 
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1, 2012 for CVD order C-475-819

FOR FURTHER INFORMATION CONTACT: Chris Siepmann at (202) 482-7958; 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.

Background

    On July 24, 1996, the Department published in the Federal Register 
the Orders on certain pasta from Italy. On May 16, 2014, in accordance 
with sections 751(b) and 751(d)(1) of the Act, 19 CFR 351.216(b), and 
19 CFR 351.222(g)(1), GPI, an importer of subject merchandise, 
requested revocation, in part, of the Orders with respect to its 
Italian stuffed ravioli and tortellini pasta, filled with cheese and/or 
vegetables, as part of a changed circumstances review. GPI requested 
that the Department conduct the changed circumstances review on an 
expedited basis pursuant to 19 CFR 351.221(c)(3)(ii). On July 15, 2014, 
the Department extended the deadline for initiation of this review 
request by 30 days until August 13, 2014.

Scope of the Orders

    Imports covered by these Orders are shipments of certain non-egg 
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 these Orders are refrigerated, frozen, 
or canned pastas, as well as all forms of egg pasta, with the exception 
of non-egg dry pasta containing up to two percent egg white. Also 
excluded are imports of organic pasta from Italy that are accompanied 
by the appropriate certificate issued by the Instituto Mediterraneo Di 
Certificzione, by QC&I International Services, by Ecocert Italia, by 
Consorzio per il Controllo dei Prodotti Biologici, by Associazion 
Italiana per l'Agricoltra Biologica, by Ambientale.\2\ Effective July 
1, 2008, gluten-free pasta is also excluded from the AD order.\3\ 
Effective January 1, 2009, gluten-free pasta is also excluded from the 
scope of the CVD order.\4\
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    \2\ See Memorandum from Yasmin Nair to Susan Kuhbach, entitled 
``Recognition of EU Organic Certifying Agents for Certifying Organic 
Pasta from Italy'' (October 10, 2012), which is on file in the 
Department's Central Records Unit (``CRU'') in Room 7046 of the main 
Department building.
    \3\ 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).
    \4\ See Final Results of Countervailing Duty Changed 
Circumstances Review and Revocation, In Part, 76 FR 27634 (May 12, 
2011) (Pasta from Italy CVD CCR).
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    The merchandise subject to these Orders is currently classifiable 
under items 1901.90.9095 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 description of the 
merchandise subject to the Orders is dispositive.

Scope Rulings

    The Department has issued the following scope rulings to date:
    (1) On August 25, 1997, the Department issued a scope ruling 
finding that multicolored pasta, imported in kitchen display bottles of 
decorative glass that are sealed with cork or paraffin and bound with 
raffia, is excluded from the scope of the Orders.\5\
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    \5\ See Memorandum from Edward Easton to Richard Moreland, dated 
August 25, 1997, which is on file in the CRU.
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    (2) On July 30, 1998, the Department issued a scope ruling finding 
that multipacks consisting of six one-pound packages of pasta that are 
shrink-wrapped into a single package are within the scope of the 
Orders.\6\
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    \6\ See Letter from Susan H. Kuhbach to Barbara P. Sidari, dated 
July 30, 1998, which is on file in the CRU.
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    (3) On October 26, 1998, the Department self-initiated a scope 
inquiry to determine whether a package weighing over five pounds as a 
result of allowable industry tolerances is within the scope of the 
Orders. On May 24, 1999, we issued a final scope ruling finding that, 
effective October 26, 1998, pasta in packages weighing or labeled up to 
(and including) five pounds four ounces is within the scope of the 
Orders.\7\
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    \7\ See Memorandum from John Brinkman to Richard Moreland, dated 
May 24, 1999, which is on file in the CRU.
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    (4) On April 27, 2000, the Department self-initiated an anti-
circumvention inquiry to determine whether Pastificio Fratelli Pagani 
S.p.A.'s importation of pasta in bulk and subsequent repackaging in the 
United States into packages of five pounds or less constitutes 
circumvention with respect to the Orders pursuant to section 781(a) of 
the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(b).\8\ 
On September 19, 2003, we published an affirmative finding in the anti-
circumvention inquiry.\9\
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    \8\ See Certain Pasta From Italy: Notice of Initiation of Anti-
Circumvention Inquiry on the Antidumping and Countervailing Duty 
Orders, 65 FR 26179 (May 5, 2000).
    \9\ See Anti-Circumvention Inquiry of the Antidumping and 
Countervailing Duty Orders on Certain Pasta from Italy: Affirmative 
Final Determinations of Circumvention of Antidumping and 
Countervailing Duty Orders, 68 FR 54888 (September 19, 2003).
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    (5) On July 18, 2013, the Department issued a scope ruling finding 
that Valdigrano di Flavio Pagani S.r.L. product which is made from a 
dough that contains 2.5 percent egg white, by weight, is within the 
scope of the Orders.\10\
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    \10\ See Memorandum from Joseph Shuler to Christian Marsh, dated 
July 18, 2013, which is on file in the CRU.

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[[Page 48122]]

Initiation and Preliminary Results of Changed Circumstances Review, and 
Consideration of Revocation of the Order In Part

    Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide 
that the Department may revoke an order (in whole or in part) if it 
determines that producers accounting for substantially all of the 
production of the domestic like product have no further interest in the 
order, in whole or in part. In addition, in the event 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.
    On May 16, 2014, GPI requested the Department conduct the changed 
circumstances review on an expedited basis. On the same day, 
Petitioners \11\ filed a letter in support of GPI's changed 
circumstances review request. Petitioners stated that, as producers 
accounting for substantially all of the production of the domestic like 
product in support of the Orders, they have no interest in including 
ravioli and tortellini filled with cheese and/or vegetables in the 
scope of the Orders.\12\
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    \11\ Petitioners in this proceeding include A. Zerega's Sons, 
Inc., American Italian Pasta Company, Dakota Growers Pasta Company, 
New World Pasta Company, Philadelphia Macaroni Company, and ST 
Specialty Foods.
    \12\ See Letter from Petitioners, ``Changed Circumstances Review 
Request--Certain Pasta from Italy,'' dated May 16, 2014. In its 
administrative practice, the Department has interpreted 
``substantially all'' to mean at least 85 percent of the total 
production of the domestic like product covered by the order. See, 
e.g., Pasta from Italy CVD CCR, 76 FR at 27635.
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    Therefore, at the request of GPI and in accordance with sections 
751(b)(1) and 751(d)(1) of the Act, 19 CFR 351.216, 19 CFR 
351.222(g)(1), and 19 CFR 351.221(c)(3)(ii), we are initiating this 
changed circumstances review of ravioli and tortellini filled with 
cheese and/or vegetables from Italy to determine whether partial 
revocation of the Orders is warranted with respect to this product. In 
addition, we determine that expedited action is warranted. In 
accordance with 19 CFR 351.222(g)(1), we find that Petitioners' 
affirmative statements of no interest constitutes good cause for the 
conduct of this review. Additionally, our decision to expedite this 
review pursuant to 19 CFR 351.221(c)(3)(ii) stems from the domestic 
industry's lack of interest in applying the Orders to ravioli and 
tortellini filled with cheese and/or vegetables.
    Based on the expression of no interest by Petitioners and absent 
any objections by other domestic interested parties, we preliminarily 
determine that substantially all of the domestic producers have no 
interest in the continued application of the Orders on pasta from Italy 
to the merchandise that is subject to GPI's request. Therefore, we are 
notifying the public of our intent to revoke, in part, the Orders as 
they relate to imports of ravioli and tortellini filled with cheese 
and/or vegetables from Italy. This partial revocation would be 
retroactively applied to entries of ravioli and tortellini filled with 
cheese and/or vegetables, entered or withdrawn from warehouse, for 
consumption, on or after July 1, 2012 for the antidumping duty order 
and January 1, 2012 for the countervailing duty order, which are the 
day after the last day of the most recently completed administrative 
reviews under each order.\13\ We intend to modify the scope of the AD 
order to read as follows:

    \13\ See, e.g., Wooden Bedroom Furniture from the People's 
Republic of China: Final Results of Changed Circumstances Review and 
Determination to Revoke Order in Part, 74 FR 8506 (February 25, 
2009) (retroactively revoking an order, in part, to unliquidated 
entries not subject to a final determination by the Department).
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    Imports covered by these orders are shipments of certain non-egg 
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 these orders are refrigerated, 
frozen, or canned pastas, as well as all forms of egg pasta, with 
the exception of non-egg dry pasta containing up to two percent egg 
white. Also excluded are imports of organic pasta from Italy that 
are accompanied by the appropriate certificate issued by the 
Instituto Mediterraneo Di Certificzione, by QC&I International 
Services, by Ecocert Italia, by Consorzio per il Controllo dei 
Prodotti Biologici, by Associazion Italiana per l'Agricoltra 
Biologica, by Ambientale.\14\ Effective July 1, 2008, gluten-free 
pasta is also excluded from the AD order.\15\ Effective January 1, 
2009, gluten-free pasta is also excluded from the scope of the CVD 
order.\16\ Effective July 1, 2012, ravioli and tortellini filled 
with cheese and/or vegetables are also excluded from the scope of 
the AD order. Effective January 1, 2012, ravioli and tortellini 
filled with cheese and/or vegetables are also excluded from the 
scope of the CVD order.
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    \14\ See Memorandum from Yasmin Nair to Susan Kuhbach, entitled 
``Recognition of EU Organic Certifying Agents for Certifying Organic 
Pasta from Italy'' (October 10, 2012), which is on file in the 
Department's Central Records Unit (``CRU'') in Room 7046 of the main 
Department building
    \15\ 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).
    \16\ See Pasta from Italy CVD CCR.
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    The merchandise subject to these orders is currently 
classifiable under items 1901.90.9095 and 1902.19.20 of the HTSUS. 
Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the merchandise subject 
to the description of the merchandise subject to the orders is 
dispositive.

Public Comment

    Interested parties are invited to comment on these preliminary 
results. Written comments may be submitted no later than 14 days after 
the date of publication of these preliminary results. Rebuttals to 
written comments, limited to issues raised in such comments, may be 
filed no later than 21 days after the date of publication of these 
preliminary results. Consistent with 19 CFR 351.309, parties who submit 
written comments or rebuttal comments in this proceeding are requested 
to submit with each argument (1) a statement of the issue and (2) a 
brief summary of the argument (no longer than five pages, including 
footnotes). Pursuant to 19 CFR 351.310(c), any interested party may 
request a hearing within 10 days of the date of publication of this 
notice. Further, any hearing, if requested, will be held no later than 
25 days after the date of publication of this notice, or the first 
business day thereafter. All written comments and/or hearing requests 
must be filed electronically using Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (IA ACCESS).\17\ An electronically filed document must be 
received successfully in its entirety by the Department's electronic 
records system, IA ACCESS, by 5 p.m. Eastern Time of the deadlines set 
forth in this notice.
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    \17\ See, generally, 19 CFR 351.303.
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    We will issue our final results of this changed circumstances 
review as soon as practicable following the above comment period, but 
not later than 270 days after the date on which we initiated the 
changed circumstances review or within 45 days if all parties agree to 
our preliminary results, in accordance with 19 CFR 351.216(e).
    If final revocation occurs, we will instruct U.S. Customs and 
Border Protection to end the suspension of liquidation for the 
merchandise covered by the revocation on the effective dates of the 
notice of revocation and to release any cash deposit or bond. The 
current requirement for a cash deposit of estimated AD and CVD duties 
on all subject merchandise will continue

[[Page 48123]]

unless and until it is modified pursuant to the final results of this 
changed circumstances review.
    This initiation and preliminary results of review notice is 
published in accordance with sections 751(b)(1) and 777(i)(1) of the 
Act and 19 CFR 351.216, 351.221(b)(1), (4), and 351.222(g).

    Dated: August 8, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-19401 Filed 8-14-14; 8:45 am]
BILLING CODE 3510-DS-P