Certain Pasta from Italy: Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review, 35936-35938 [2015-15471]
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35936
Federal Register / Vol. 80, No. 120 / Tuesday, June 23, 2015 / Notices
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if the party that requested the
review withdraws its request within 90
days of the publication of the notice of
initiation of the requested review. In
this case, Petitioner and Domestic
Processors timely withdrew their
request by the 90-day deadline, and no
other party requested an administrative
review of the antidumping duty order.
As a result, pursuant to 19 CFR
351.213(d)(1), we are rescinding the
administrative review of shrimp from
the PRC for the period February 1, 2014,
through January 31, 2015, in its entirety.
Assessment
The Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to assess antidumping duties on all
appropriate entries. Because the
Department is rescinding this
administrative review in its entirety, the
entries to which this administrative
review pertained shall be assessed
antidumping duties at rates equal to the
cash deposit of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions to CBP 15 days after the
publication of this notice in the Federal
Register, if appropriate.
mstockstill on DSK4VPTVN1PROD with NOTICES
Notifications
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of the antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
This notice also serves as a final
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
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
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18:39 Jun 22, 2015
Jkt 235001
regulations and terms of an APO is a
violation which is subject to sanction.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: June 17, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2015–15468 Filed 6–22–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta from Italy: Notice of
Preliminary Results of Antidumping
Duty Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 12, 2014, the
Department of Commerce (the
Department) initiated a changed
circumstances review of the
antidumping duty order on certain pasta
from Italy in order to determine whether
La Molisana S.p.A. (La Molisana) is the
successor-in-interest to La Molisana
Industrie Alimentari, S.p.A. (LMI), a
respondent in the investigation and
several administrative reviews.1 We
preliminarily determine that La
Molisana is not the successor-in-interest
to LMI. We invite interested parties to
comment on these preliminary results.
DATES: Effective date June 23, 2015.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore, 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) 482–3962.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 24, 1996, the Department
published in the Federal Register the
antidumping duty order on pasta from
Italy.2 The most recently completed
administrative review for LMI was for
the July 1, 1998 to June 30, 1999
1 See Certain Pasta from Italy: Initiation of
Changed Circumstances Review, 79 FR 47090
(August 12, 2014) (Initiation Notice).
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).
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Sfmt 4703
period.3 Pursuant to Section 129 of the
Uruguay Round Agreements Act, the
Department recalculated the cash
deposit rate for LMI and assigned it a de
minimis margin.4
On June 23, 2014, La Molisana
requested a changed circumstances
review. On August 12, 2014, the
Department initiated this review.5 On
October 20, 2014, New World Pasta
Company and Dakota Growers Pasta
Company (hereinafter referred to as
Petitioners) submitted comments on La
Molisana’s request for a changed
circumstance review. On December 3,
2014, the Department requested
additional information from La
Molisana, which was submitted, in part,
on January 9, 2015, and after an
extension was granted, the remainder
was submitted on January 28, 2015
(hereinafter referred to as the
Supplemental Response).
On February 6, 2015, Petitioners
submitted comments on La Molisana’s
Supplemental Response. On February
11, 2015, La Molisana objected to
Petitioners’ February 6, 2015,
submission and requested that the
Department reject it because it
contained untimely filed, uncertified,
new factual information. On February
20, 2015, the Department decided not to
reject Petitioners’ February 6, 2015
submission.6 La Molisana filed
comments on February 27, 2015,
regarding the Department’s decision. On
March 4, 2015, the Department
requested additional information from
La Molisana, which was provided on
March 24, 2015 (hereinafter referred to
as Second Supplemental Response).
On April 27, 2015, we extended the
time period for issuing the final results
of this changed circumstance review by
90 days.7
Scope of the Order
Imports covered by this order are
shipments of certain non-egg dry pasta
3 See Certain Pasta From Italy: Final Results of
Antidumping Duty Administrative Review, 65 FR
77852 (December 13, 2000).
4 See Notice of Implementation of Determination
Under Section 129 of the Uruguay Round
Agreements Act: Stainless Steel Plate in Coils From
Belgium, Steel Concrete Reinforcing Bars From
Latvia, Purified Carboxymethylcellulose From
Finland, Certain Pasta From Italy, Purified
Carboxymethylcellulose From the Netherlands,
Stainless Steel Wire Rod From Spain, Granular
Polytetrafluoroethylene Resin From Italy, Stainless
Steel Sheet and Strip in Coils From Japan, 77 FR
36257 (June 18, 2012) (Notice of Section 129
Implementation).
5 See Initiation Notice.
6 See letter from Eric B. Greynolds, Program
Manager, Office III, AD/CVD Operations, dated
February 20, 2015.
7 See Letter from Melissa G. Skinner, Director
Office III, Antidumping and Countervailing Duty
Operations to La Molisana, dated April 7, 2015.
E:\FR\FM\23JNN1.SGM
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Federal Register / Vol. 80, No. 120 / Tuesday, June 23, 2015 / Notices
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.
For a full description of the scope, see
the Preliminary Results of Changed
Circumstances Review Regarding
Successor-In-Interest Analysis: Certain
Pasta from Italy memorandum dated
concurrently with and hereby adopted
by this notice.8 The Preliminary Results
of Changed Circumstances Review
memorandum is a business proprietary
document of which the public version is
on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.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
Preliminary Results of Changed
Circumstances Review memorandum
can be accessed directly on the internet
at https://enforcement.trade.gov/frn/.
The signed Preliminary Results of
Changed Circumstances Review
memorandum and the electronic version
of the Preliminary Results of Changed
Circumstances Review memorandum
are identical in content.
mstockstill on DSK4VPTVN1PROD with NOTICES
Preliminary Results of Changed
Circumstances Review
In this changed circumstances review,
pursuant to section 751(b) of the Tariff
Act of 1930, as amended (the Act), the
Department conducted a successor-ininterest analysis. In making such a
successor-in-interest determination, the
Department examines several factors
including, but not limited to, changes
in: (1) Management; (2) production
facilities; (3) supplier relationships; and
(4) customer base.9 While no one or
8 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
titled ‘‘Preliminary Results of Changed
Circumstances Review Regarding Successor-InInterest Analysis: Certain Pasta from Italy’’ dated
concurrently with this notice (Preliminary Results
of Changed Circumstances Review memorandum).
9 See, e.g., Pressure Sensitive Plastic Tape from
Italy: Preliminary Results of Antidumping Duty
Changed Circumstances Review, 75 FR 8925
(February 26, 2010), unchanged in Pressure
Sensitive Plastic Tape From Italy: Final Results of
VerDate Sep<11>2014
18:39 Jun 22, 2015
Jkt 235001
combination of these factors will
necessarily provide a dispositive
indication, the Department will
generally consider the new company to
be the successor to the previous
company if its resulting operation is not
materially dissimilar to that of its
predecessor.10 Thus, if the evidence
demonstrates that, with respect to the
production and sale of the subject
merchandise, the new company
operates as the same business entity as
the former company, the Department
will assign the new company the cash
deposit rate of its predecessor.11
Based on the totality of the record
evidence and on comments from
interested parties, we preliminarily
determine that La Molisana is materially
dissimilar to LMI in terms of
management, production facilities, and
supplier relationships. Therefore, we
preliminarily find that La Molisana is
not the successor-in-interest to LMI.12
Consequently, we preliminarily
determine that La Molisana should not
be given the same antidumping duty
treatment as LMI. This determination
will apply to all entries of the subject
merchandise entered or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this changed circumstances
review.13 If we reach the same
conclusion in the final results, then the
cash deposit for La Molisana will
continue to be 15.45 percent, the allothers rate established in the
antidumping duty investigation, as
modified by the section 129
determination.14 This cash deposit
requirement will remain in effect until
Antidumping Duty Changed Circumstances Review,
75 FR 27706 (May 18, 2010); and Brake Rotors From
the People’s Republic of China: Final Results of
Changed Circumstances Antidumping Duty
Administrative Review, 70 FR 69941 (November 18,
2005) (Brake Rotors), citing Brass Sheet and Strip
from Canada: Final Results of Antidumping Duty
Administrative Review, 57 FR 20460 (May 13,
1992), and Certain Pasta From Italy: Notice of Final
Results of Antidumping Duty Changed
Circumstances Review, 79 FR 56339 (September 19,
2014) (Delverde).
10 See, e.g., Brake Rotors. See also Delverde.
11 Id.; see also, e.g., Notice of Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review: Certain Frozen Warmwater
Shrimp From India, 77 FR 64953 (October 24,
2012), unchanged in Final Results of Antidumping
Duty Changed Circumstances Review: Certain
Frozen Warmwater Shrimp From India, 77 FR
73619 (December 11, 2012).
12 See Preliminary Results in Changed
Circumstances Review memorandum.
13 See Granular Polytetrafluoroethylene Resin
from Italy: Final Results of Changed Circumstances
Review, 68 FR 25327 (May 12, 2003). See also
Delverde.
14 See Notice of Implementation of Section 129.
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Sfmt 4703
35937
a company-specific rate is calculated for
La Molisana.15
Public Comment
Pursuant to 19 CFR 351.309(c),
interested parties may submit cases
briefs not later than 10 days after the
date of publication of this notice via
ACCESS. ACCESS is available to
registered users at https://
access.trade.gov and is available to all
parties in the Central Records Unit,
room 7046, of the main Department of
Commerce building. Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed not later than five
days after the date for filing case briefs.
Parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS. An
electronically filed document must be
received successfully in its entirety by
ACCESS, no later than 5:00 p.m. Eastern
Time within 10 days after the date of
publication of this notice. Requests
should contain: (1) The party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in case briefs.
Consistent with 19 CFR 351.216(e),
we will issue the final results of this
changed circumstances review no later
than 270 days after the date on which
this review was initiated, or within 45
days after the publication of the
preliminary results if all parties in this
review agree to our preliminary results.
We are issuing and publishing this
determination and notice in accordance
with sections 751(b) and 777(i)(1) of the
Act and 19 CFR 351.216 and 351.221.
Dated: June 10, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Changed Circumstances Review Decision
Memorandum
I. Summary
15 La Molisana is currently being reviewed in an
administrative review covering the period July 1,
2013 through June 30, 2014. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 79 FR 51548 (August 29,
2014).
E:\FR\FM\23JNN1.SGM
23JNN1
35938
Federal Register / Vol. 80, No. 120 / Tuesday, June 23, 2015 / Notices
II. Background
III. Scope of the Order
IV. Discussion of Methodology
V. Analysis
1. Management
2. Production Facilities
3. Supplier Relationship
4. Customer Base
[FR Doc. 2015–15471 Filed 6–22–15; 8:45 am]
BILLING CODE 3510–DS–P
COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities Under OMB Review
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995
(‘‘PRA’’), this notice announces that the
Information Collection Request (‘‘ICR’’)
abstracted below has been forwarded to
the Office of Management and Budget
(‘‘OMB’’) for review and comment. The
ICR describes the nature of the
information collection and its expected
costs and burden.
DATES: Comments must be submitted on
or before July 23, 2015.
ADDRESSES: Comments regarding the
burden estimated or any other aspect of
the information collection, including
suggestions for reducing the burden,
may be submitted directly to the Office
of Information and Regulatory Affairs in
OMB, within 30 days of the notice’s
publication, by email at
OIRAsubmissions@omb.eop.gov. Please
identify the comments by OMB Control
No. 3038–0013. Please provide the
Commodity Futures Trading
Commission (‘‘Commission’’) with a
copy of all submitted comments at the
address listed below. Please refer to
OMB Reference No. 3038–0013, found
on https://reginfo.gov. Comments may
also be mailed to the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Attention: Desk Officer for the
Commodity Futures Trading
Commission, 725 17th Street NW.,
Washington, DC 20503, and Hannah
Ropp, Surveillance Analyst, Division of
Market Oversight, Commodity Futures
Trading Commission, 1155 21st Street
NW., Washington, DC 20581.
Comments may also be submitted by
any of the following methods:
• The Agency’s Web site, via its
Comments Online process: https://
comments.cftc.gov. Follow the
instructions for submitting comments
through the Web site.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:39 Jun 22, 2015
Jkt 235001
• Mail: Christopher Kirkpatrick,
Secretary of the Commission,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW., Washington, DC
20581.
• Hand Delivery/Courier: Same as
Mail above.
• Federal eRulemaking Portal: https://
www.regulations.gov/. Follow the
instructions for submitting comments
through the Portal.
A copy of the supporting statements
for the collection of information
discussed above may be obtained by
visiting RegInfo.gov. All comments must
be submitted in English, or if not,
accompanied by an English translation.
Comments will be posted as received to
https://www.cftc.gov.
FOR FURTHER INFORMATION CONTACT:
Hannah Ropp, Surveillance Analyst,
Division of Market Oversight;
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW., Washington, DC
20581; phone: (202) 418–5228; fax: (202)
418–5507; email: hropp@cftc.gov, and
refer to OMB Control No. 3038–0013.
SUPPLEMENTARY INFORMATION:
Title: ‘‘Exemptions from Speculative
Limits (OMB Control No. 3038–0013).’’
This is a request for extension of a
currently approved information
collection.
Abstract: Section 4a(a) of the
Commodity Exchange Act (‘‘Act’’)
allows the Commission to set
speculative limits in any commodity for
future delivery in order to prevent
excessive speculation. Certain sections
of the Act and the Commission’s
Regulations allow exemptions from the
speculative limits for persons using the
market for hedging and, under certain
circumstances, for commodity pool
operators and similar traders. This
information collection contains the
recordkeeping and reporting
requirements needed to ensure
regulatory compliance with Commission
rules relating to this issue.
Burden Statement: The respondent
burden for this collection is estimated to
be 3 hours per response. These
estimates include the time to locate the
information related to the exemptions
and to file necessary exemption
paperwork.
Respondents/Affected Entities: Swap
Dealers, Large Traders, and other
entities affected by Rules 1.47 and 1.48
and Part 150 of the Commission’s
regulations.
Estimated number of respondents: 9.
Estimated total annual burden on
respondents: 48 hours.
Frequency of collection: 1–2 reports
annually.
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There are no capital costs or operating
and maintenance costs associated with
this collection.
Authority: 44 U.S.C. 3501 et seq.
Dated: June 17, 2015.
Robert N. Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2015–15344 Filed 6–22–15; 8:45 am]
BILLING CODE 6351–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC– 2014–0033]
Notice of Availability: Estimated
Phthalate Exposure and Risk to
Pregnant Women and Women of
Reproductive Age as Assessed Using
Four NHANES Biomonitoring Data Sets
(2005/2006, 2007/2008, 2009/2010, 2011/
2012)
U.S. Consumer Product Safety
Commission.
ACTION: Notice of availability.
AGENCY:
The Consumer Product Safety
Commission (‘‘Commission,’’ or
‘‘CPSC’’) is announcing the availability
of a document titled, ‘‘Estimated
Phthalate Exposure and Risk to Pregnant
Women and Women of Reproductive
Age as Assessed Using Four NHANES
Biomonitoring Data Sets (2005/2006,
2007/2008, 2009/2010, 2011/2012).’’
DATES: Submit comments by August 7,
2015.
ADDRESSES: You may submit comments,
identified by Docket No. CPSC- 2014–
0033, by any of the following methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: https://
www.regulations.gov. Follow the
instructions for submitting comments.
The Commission does not accept
comments submitted by electronic mail
(email), except through
www.regulations.gov. The Commission
encourages you to submit electronic
comments by using the Federal
eRulemaking Portal, as described above.
Written Submissions: Submit written
submissions by mail/hand delivery/
courier to: Office of the Secretary,
Consumer Product Safety Commission,
Room 820, 4330 East West Highway,
Bethesda, MD 20814; telephone (301)
504–7923.
Instructions: All submissions received
must include the agency name and
docket number for this notice. All
comments received may be posted
without change, including any personal
identifiers, contact information, or other
personal information provided, to:
SUMMARY:
E:\FR\FM\23JNN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 120 (Tuesday, June 23, 2015)]
[Notices]
[Pages 35936-35938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15471]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta from Italy: Notice of Preliminary Results of
Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 12, 2014, the Department of Commerce (the
Department) initiated a changed circumstances review of the antidumping
duty order on certain pasta from Italy in order to determine whether La
Molisana S.p.A. (La Molisana) is the successor-in-interest to La
Molisana Industrie Alimentari, S.p.A. (LMI), a respondent in the
investigation and several administrative reviews.\1\ We preliminarily
determine that La Molisana is not the successor-in-interest to LMI. We
invite interested parties to comment on these preliminary results.
---------------------------------------------------------------------------
\1\ See Certain Pasta from Italy: Initiation of Changed
Circumstances Review, 79 FR 47090 (August 12, 2014) (Initiation
Notice).
---------------------------------------------------------------------------
DATES: Effective date June 23, 2015.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore, 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) 482-3962.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, the Department published in the Federal Register
the antidumping duty order on pasta from Italy.\2\ The most recently
completed administrative review for LMI was for the July 1, 1998 to
June 30, 1999 period.\3\ Pursuant to Section 129 of the Uruguay Round
Agreements Act, the Department recalculated the cash deposit rate for
LMI and assigned it a de minimis margin.\4\
---------------------------------------------------------------------------
\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 Certain Pasta From Italy: Final Results of Antidumping
Duty Administrative Review, 65 FR 77852 (December 13, 2000).
\4\ See Notice of Implementation of Determination Under Section
129 of the Uruguay Round Agreements Act: Stainless Steel Plate in
Coils From Belgium, Steel Concrete Reinforcing Bars From Latvia,
Purified Carboxymethylcellulose From Finland, Certain Pasta From
Italy, Purified Carboxymethylcellulose From the Netherlands,
Stainless Steel Wire Rod From Spain, Granular
Polytetrafluoroethylene Resin From Italy, Stainless Steel Sheet and
Strip in Coils From Japan, 77 FR 36257 (June 18, 2012) (Notice of
Section 129 Implementation).
---------------------------------------------------------------------------
On June 23, 2014, La Molisana requested a changed circumstances
review. On August 12, 2014, the Department initiated this review.\5\ On
October 20, 2014, New World Pasta Company and Dakota Growers Pasta
Company (hereinafter referred to as Petitioners) submitted comments on
La Molisana's request for a changed circumstance review. On December 3,
2014, the Department requested additional information from La Molisana,
which was submitted, in part, on January 9, 2015, and after an
extension was granted, the remainder was submitted on January 28, 2015
(hereinafter referred to as the Supplemental Response).
---------------------------------------------------------------------------
\5\ See Initiation Notice.
---------------------------------------------------------------------------
On February 6, 2015, Petitioners submitted comments on La
Molisana's Supplemental Response. On February 11, 2015, La Molisana
objected to Petitioners' February 6, 2015, submission and requested
that the Department reject it because it contained untimely filed,
uncertified, new factual information. On February 20, 2015, the
Department decided not to reject Petitioners' February 6, 2015
submission.\6\ La Molisana filed comments on February 27, 2015,
regarding the Department's decision. On March 4, 2015, the Department
requested additional information from La Molisana, which was provided
on March 24, 2015 (hereinafter referred to as Second Supplemental
Response).
---------------------------------------------------------------------------
\6\ See letter from Eric B. Greynolds, Program Manager, Office
III, AD/CVD Operations, dated February 20, 2015.
---------------------------------------------------------------------------
On April 27, 2015, we extended the time period for issuing the
final results of this changed circumstance review by 90 days.\7\
---------------------------------------------------------------------------
\7\ See Letter from Melissa G. Skinner, Director Office III,
Antidumping and Countervailing Duty Operations to La Molisana, dated
April 7, 2015.
---------------------------------------------------------------------------
Scope of the Order
Imports covered by this order are shipments of certain non-egg dry
pasta
[[Page 35937]]
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.
For a full description of the scope, see the Preliminary Results of
Changed Circumstances Review Regarding Successor-In-Interest Analysis:
Certain Pasta from Italy memorandum dated concurrently with and hereby
adopted by this notice.\8\ The Preliminary Results of Changed
Circumstances Review memorandum is a business proprietary document of
which the public version is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.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 Preliminary Results of
Changed Circumstances Review memorandum can be accessed directly on the
internet at https://enforcement.trade.gov/frn/. The signed Preliminary
Results of Changed Circumstances Review memorandum and the electronic
version of the Preliminary Results of Changed Circumstances Review
memorandum are identical in content.
---------------------------------------------------------------------------
\8\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, titled
``Preliminary Results of Changed Circumstances Review Regarding
Successor-In-Interest Analysis: Certain Pasta from Italy'' dated
concurrently with this notice (Preliminary Results of Changed
Circumstances Review memorandum).
---------------------------------------------------------------------------
Preliminary Results of Changed Circumstances Review
In this changed circumstances review, pursuant to section 751(b) of
the Tariff Act of 1930, as amended (the Act), the Department conducted
a successor-in-interest analysis. In making such a successor-in-
interest determination, the Department examines several factors
including, but not limited to, changes in: (1) Management; (2)
production facilities; (3) supplier relationships; and (4) customer
base.\9\ While no one or combination of these factors will necessarily
provide a dispositive indication, the Department will generally
consider the new company to be the successor to the previous company if
its resulting operation is not materially dissimilar to that of its
predecessor.\10\ Thus, if the evidence demonstrates that, with respect
to the production and sale of the subject merchandise, the new company
operates as the same business entity as the former company, the
Department will assign the new company the cash deposit rate of its
predecessor.\11\
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\9\ See, e.g., Pressure Sensitive Plastic Tape from Italy:
Preliminary Results of Antidumping Duty Changed Circumstances
Review, 75 FR 8925 (February 26, 2010), unchanged in Pressure
Sensitive Plastic Tape From Italy: Final Results of Antidumping Duty
Changed Circumstances Review, 75 FR 27706 (May 18, 2010); and Brake
Rotors From the People's Republic of China: Final Results of Changed
Circumstances Antidumping Duty Administrative Review, 70 FR 69941
(November 18, 2005) (Brake Rotors), citing Brass Sheet and Strip
from Canada: Final Results of Antidumping Duty Administrative
Review, 57 FR 20460 (May 13, 1992), and Certain Pasta From Italy:
Notice of Final Results of Antidumping Duty Changed Circumstances
Review, 79 FR 56339 (September 19, 2014) (Delverde).
\10\ See, e.g., Brake Rotors. See also Delverde.
\11\ Id.; see also, e.g., Notice of Initiation and Preliminary
Results of Antidumping Duty Changed Circumstances Review: Certain
Frozen Warmwater Shrimp From India, 77 FR 64953 (October 24, 2012),
unchanged in Final Results of Antidumping Duty Changed Circumstances
Review: Certain Frozen Warmwater Shrimp From India, 77 FR 73619
(December 11, 2012).
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Based on the totality of the record evidence and on comments from
interested parties, we preliminarily determine that La Molisana is
materially dissimilar to LMI in terms of management, production
facilities, and supplier relationships. Therefore, we preliminarily
find that La Molisana is not the successor-in-interest to LMI.\12\
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\12\ See Preliminary Results in Changed Circumstances Review
memorandum.
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Consequently, we preliminarily determine that La Molisana should
not be given the same antidumping duty treatment as LMI. This
determination will apply to all entries of the subject merchandise
entered or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this changed circumstances
review.\13\ If we reach the same conclusion in the final results, then
the cash deposit for La Molisana will continue to be 15.45 percent, the
all-others rate established in the antidumping duty investigation, as
modified by the section 129 determination.\14\ This cash deposit
requirement will remain in effect until a company-specific rate is
calculated for La Molisana.\15\
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\13\ See Granular Polytetrafluoroethylene Resin from Italy:
Final Results of Changed Circumstances Review, 68 FR 25327 (May 12,
2003). See also Delverde.
\14\ See Notice of Implementation of Section 129.
\15\ La Molisana is currently being reviewed in an
administrative review covering the period July 1, 2013 through June
30, 2014. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 79 FR 51548 (August 29, 2014).
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Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit cases
briefs not later than 10 days after the date of publication of this
notice via ACCESS. ACCESS is available to registered users at https://access.trade.gov and is available to all parties in the Central Records
Unit, room 7046, of the main Department of Commerce building. Rebuttal
briefs, limited to issues raised in the case briefs, may be filed not
later than five days after the date for filing case briefs. Parties who
submit case briefs or rebuttal briefs in this proceeding are encouraged
to submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS. An electronically filed
document must be received successfully in its entirety by ACCESS, no
later than 5:00 p.m. Eastern Time within 10 days after the date of
publication of this notice. Requests should contain: (1) The party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of issues to be discussed. Issues raised in the hearing
will be limited to those raised in case briefs.
Consistent with 19 CFR 351.216(e), we will issue the final results
of this changed circumstances review no later than 270 days after the
date on which this review was initiated, or within 45 days after the
publication of the preliminary results if all parties in this review
agree to our preliminary results.
We are issuing and publishing this determination and notice in
accordance with sections 751(b) and 777(i)(1) of the Act and 19 CFR
351.216 and 351.221.
Dated: June 10, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Changed Circumstances
Review Decision Memorandum
I. Summary
[[Page 35938]]
II. Background
III. Scope of the Order
IV. Discussion of Methodology
V. Analysis
1. Management
2. Production Facilities
3. Supplier Relationship
4. Customer Base
[FR Doc. 2015-15471 Filed 6-22-15; 8:45 am]
BILLING CODE 3510-DS-P
