Certain Pasta From Italy: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 56339-56340 [2014-22410]

Download as PDF Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Notices document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at http:// iaaccess.trade.gov, and it is available to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues Decision Memorandum are identical in content. Use of Facts Available and Adverse Facts Available As stated in the Preliminary Results, Goldon Bedding Manufacturing (M) Sdn Bhd (‘‘Goldon’’) and Ta Cheng Coconut Knitting Company Ltd. (‘‘Ta Cheng’’) each failed to cooperate to the best of their ability in providing requested information because they withheld requested information, failed to provide the information in a timely manner and in the form requested, and significantly impeded this proceeding.5 Accordingly, pursuant to sections 776(a)(2)(A), (B), and (C) and section 776(b) of the Tariff Act of 1930, as amended (‘‘the Act’’), we find it appropriate to assign to Goldon and Ta Cheng dumping margins of 234.51 percent based on total adverse facts available (‘‘AFA’’). Because Goldon is located in Malaysia and Ta Cheng is located in Taiwan, we are treating them as third-country resellers. Accordingly, this rate only applies to Goldon’s and Ta Cheng’s PRC-origin merchandise.6 Final Results of Review tkelley on DSK3SPTVN1PROD with NOTICES The weighted-average dumping margins for the period February 1, 2012, through January 31, 2013, are as follows: Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review in the Federal Register. For Goldon and Ta Cheng, the Department will instruct CBP to assess antidumping duties on their entries of subject merchandise at the rate of 234.51 percent. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be 234.51 percent for their entries of subject (i.e., PRC-origin PSF) merchandise; (2) for previously investigated or reviewed PRC and nonPRC exporters not listed above that have a separate rate, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this proceeding; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be that established for the PRC-wide entity of 234.51 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter with the subject merchandise. The deposit requirements, when imposed, shall remain in effect until further notice. Reimbursement of Duties This notice also serves as a final Weighted- reminder to importers of their responsibility under 19 CFR average Exporter dumping 351.402(f)(2) to file a certificate margin regarding the reimbursement of (percent) antidumping duties prior to liquidation of the relevant entries during this period Goldon Bedding Manufacturing (M) Sdn Bhd ............................ 234.51 of review. Failure to comply with this Ta Cheng Coconut Knitting requirement could result in the Company Ltd. .......................... 234.51 Department’s presumption that reimbursement of antidumping duties Assessment occurred and the subsequent assessment Pursuant to section 751(a)(2)(A) of the of doubled antidumping duties. Act and 19 CFR 351.212(b), the Administrative Protective Orders Department will determine, and U.S. In accordance with 19 CFR 351.305(a)(3), this notice also serves as 5 See Preliminary Results, and accompanying a reminder to parties subject to Preliminary Decision Memorandum at 5–6. administrative protective order (‘‘APO’’) 6 See Issues and Decision Memorandum for further discussion of this issue. of their responsibility concerning the VerDate Sep<11>2014 17:15 Sep 18, 2014 Jkt 232001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 56339 return or destruction of proprietary information disclosed under APO, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: September 12, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Final Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Discussion of the Issue 5. Recommendation [FR Doc. 2014–22419 Filed 9–18–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–818] Certain Pasta From Italy: Notice of Final Results of Antidumping Duty Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 16, 2014, the Department of Commerce (‘‘Department’’) published the preliminary results of the changed circumstances review of the antidumping duty order on certain pasta from Italy and preliminarily determined that Delverde Industrie Ailimentari S.p.A. (‘‘Delverde’’) was not the successor-in-interest to Del Verde S.p.A., a company excluded from the order.1 We received comments from interested parties. Based on our analysis, for the final results, the Department continues to find that Delverde is not the successor-in-interest to Del Verde S.p.A. AGENCY: 1 See Certain Pasta From Italy: Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review, 79 FR 28481 (May 16, 2014) (‘‘Preliminary Results’’). E:\FR\FM\19SEN1.SGM 19SEN1 56340 DATES: Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Notices Effective Date: September 19, 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. Background On July 24, 1996, the Department published in the Federal Register the antidumping duty order on pasta from 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 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 May 16, 2014, the Department published in the Federal Register a preliminary finding that Delverde was not the successor-ininterest to Del Verde S.p.A.5 On May 27, 2014, Delverde submitted a case brief.6 On June 9, 2014, Petitioners submitted a rebuttal brief.7 The Department extended the deadline for the final results until August 14, 2014 on June 23, 2014.8 tkelley on DSK3SPTVN1PROD 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. 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 Certain Pasta From Italy: Notice of Initiation of the Antidumping Duty Changed Circumstances Review, 77 FR 47816 (May 10, 2012) (‘‘Initiation Notice’’). 5 See Preliminary Results. 6 See Delverde’s May 27, 2014 Case Brief. 7 See Petitioner’s June 9, 2014 Rebuttal Brief. 8 See June 23, 2014 Letter to Delverde. VerDate Sep<11>2014 17:15 Sep 18, 2014 Jkt 232001 Excluded from the scope of this order are refrigerated, frozen, or canned pastas, as well 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.9 Effective July 1, 2008, gluten free pasta is also excluded from this order.10 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. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this changed circumstances review are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues which parties have raised, and to which we have responded in the Issues and Decision Memorandum, is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on file electronically 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. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/index.html. The paper copy and electronic version of the Issues and Decision Memorandum are identical in content. 9 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. 10 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). PO 00000 Frm 00006 Fmt 4703 Sfmt 9990 Final Results of Changed Circumstances Review For the Preliminary Results, the Department found that Delverde was not the successor-in-interest to Del Verde S.p.A. based on aspects of the bankruptcy of the company, changes in management, changes in supplier relationships, and changes in production facilities.11 Based on our analysis of the comments received, the Department continues to find that Delverde is not the successor-in-interest to Del Verde S.p.A. and is not excluded from the order.12 This determination will apply to all entries of the subject merchandise entered or withdrawn from warehouse, for consumption on or after the date of the publication of the final results. Notification This notice serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.306. Timely written notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This notice is published in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216 and 351.221. Date: September 12 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. APPENDIX Summary Background Discussion of Interested Party Comments Comment 1: The Purpose of the Changed Circumstances Review Comment 2: The Significance of the Bankruptcy Comment 3: Whether the Factors Relied on by the Department Support its Decision Recommendation [FR Doc. 2014–22410 Filed 9–18–14; 8:45 am] BILLING CODE 3510–DS–P 11 See Preliminary Results. Certain Pasta From Italy: Notice of Final Results of 16th Antidumping Duty Administrative Review; 2001–2012, 79 FR 11409 (February 28, 2014), in which Delverde was assigned a companyspecific cash deposit rate of 13.09 percent. 12 See E:\FR\FM\19SEN1.SGM 19SEN1

Agencies

[Federal Register Volume 79, Number 182 (Friday, September 19, 2014)]
[Notices]
[Pages 56339-56340]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22410]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Notice of Final Results of Antidumping 
Duty Changed Circumstances Review

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

SUMMARY: On May 16, 2014, the Department of Commerce (``Department'') 
published the preliminary results of the changed circumstances review 
of the antidumping duty order on certain pasta from Italy and 
preliminarily determined that Delverde Industrie Ailimentari S.p.A. 
(``Delverde'') was not the successor-in-interest to Del Verde S.p.A., a 
company excluded from the order.\1\ We received comments from 
interested parties. Based on our analysis, for the final results, the 
Department continues to find that Delverde is not the successor-in-
interest to Del Verde S.p.A.
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    \1\ See Certain Pasta From Italy: Notice of Preliminary Results 
of Antidumping Duty Changed Circumstances Review, 79 FR 28481 (May 
16, 2014) (``Preliminary Results'').

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[[Page 56340]]


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DATES: Effective Date: September 19, 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.

Background

    On July 24, 1996, the Department published in the Federal Register 
the antidumping duty order on pasta from 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 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 
May 16, 2014, the Department published in the Federal Register a 
preliminary finding that Delverde was not the successor-in-interest to 
Del Verde S.p.A.\5\
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    \4\ See Certain Pasta From Italy: Notice of Initiation of the 
Antidumping Duty Changed Circumstances Review, 77 FR 47816 (May 10, 
2012) (``Initiation Notice'').
    \5\ See Preliminary Results.
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    On May 27, 2014, Delverde submitted a case brief.\6\ On June 9, 
2014, Petitioners submitted a rebuttal brief.\7\ The Department 
extended the deadline for the final results until August 14, 2014 on 
June 23, 2014.\8\
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    \6\ See Delverde's May 27, 2014 Case Brief.
    \7\ See Petitioner's June 9, 2014 Rebuttal Brief.
    \8\ See June 23, 2014 Letter to Delverde.
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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 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.\9\ Effective 
July 1, 2008, gluten free pasta is also excluded from this order.\10\
---------------------------------------------------------------------------

    \9\ 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.
    \10\ See Certain Pasta From Italy: Notice of Final Results of 
Antidumping Duty Changed Circumstances Review and Revocation, in 
Part, 74 FR 41120 (August 14, 2009).
---------------------------------------------------------------------------

    The merchandise subject to this order is currently classifiable 
under items 1902.19.20 and 1901.90.9095 of the Harmonized Tariff 
Schedule of the United States (``HTSUS''). Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise subject to the order is 
dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this changed circumstances review are addressed in the Issues and 
Decision Memorandum, which is hereby adopted by this notice. A list of 
the issues which parties have raised, and to which we have responded in 
the Issues and Decision Memorandum, is attached to this notice as an 
Appendix.
    The Issues and Decision Memorandum is a public document and is on 
file electronically 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. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The paper copy and electronic version of the Issues and 
Decision Memorandum are identical in content.

Final Results of Changed Circumstances Review

    For the Preliminary Results, the Department found that Delverde was 
not the successor-in-interest to Del Verde S.p.A. based on aspects of 
the bankruptcy of the company, changes in management, changes in 
supplier relationships, and changes in production facilities.\11\ Based 
on our analysis of the comments received, the Department continues to 
find that Delverde is not the successor-in-interest to Del Verde S.p.A. 
and is not excluded from the order.\12\ This determination will apply 
to all entries of the subject merchandise entered or withdrawn from 
warehouse, for consumption on or after the date of the publication of 
the final results.
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    \11\ See Preliminary Results.
    \12\ See Certain Pasta From Italy: Notice of Final Results of 
16th Antidumping Duty Administrative Review; 2001-2012, 79 FR 11409 
(February 28, 2014), in which Delverde was assigned a company-
specific cash deposit rate of 13.09 percent.
---------------------------------------------------------------------------

Notification

    This notice serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the destruction of APO materials or conversion to judicial protective 
order is hereby requested. Failure to comply with the regulations and 
terms of an APO is a sanctionable violation.
    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Act and 19 CFR 351.216 and 351.221.

    Date: September 12 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

APPENDIX

Summary
Background
Discussion of Interested Party Comments
    Comment 1: The Purpose of the Changed Circumstances Review
    Comment 2: The Significance of the Bankruptcy
    Comment 3: Whether the Factors Relied on by the Department 
Support its Decision
Recommendation

[FR Doc. 2014-22410 Filed 9-18-14; 8:45 am]
BILLING CODE 3510-DS-P