Certain Pasta From Italy: Initiation and Preliminary Results of Antidumping and Countervailing Duty Changed Circumstances Reviews, 40659-40661 [2016-14672]

Download as PDF Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices Sixth, this Order is effective immediately and shall remain in effect until June 15, 2025. Issued this 15 day of June 2016. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2016–14745 Filed 6–21–16; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–475–818; C–475–819] Certain Pasta From Italy: Initiation and Preliminary Results of Antidumping and Countervailing Duty Changed Circumstances Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is self-initiating a changed circumstances review of the antidumping (AD) and countervailing (CVD) orders on certain pasta from Italy 1 (1) in furtherance of the purpose of the International Trade Data System (ITDS) initiative and U.S. Customs and Border Protection’s (CBP) efforts to modernize the electronic submission of import documents using the Automated Commercial Environment (ACE), and (2) to align across the AD/CVD Italy Pasta Orders the scope language regarding certifications accompanying imports of organic pasta. Specifically, in conjunction with this initiation, the Department preliminarily determines to convert the certification submission requirement to a record-keeping requirement, to authorize electronic submission of the certification, to update the scope language relating to the organic pasta exclusion, and to align the certification language across the AD/ CVD Italy Pasta Orders. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: June 22, 2016. FOR FURTHER INFORMATION CONTACT: Jennifer Meek, Office I for AD/CVD Operations, at (202) 482–2778; George McMahon, Office III for AD/CVD Operations, at (202) 482–1167; or Sam Zengotitabengoa, Customs Liaison Unit for AD/CVD Operations, at (202) 482– 4195, AD/CVD Operations, Enforcement mstockstill on DSK3G9T082PROD with NOTICES AGENCY: 1 See Notice of Antidumping Duty Order and Amended Final Determination of Sales at Less Than Fair Value: Certain Pasta From Italy, 61 FR 38547 (July 24, 1996); and Notice of Countervailing Duty Order and Amended Final Affirmative Countervailing Duty Determination: Certain Pasta (‘‘Pasta’’) From Italy, 61 FR 38544 (July 24, 1996) (collectively, AD/CVD Italy Pasta Orders). VerDate Sep<11>2014 20:02 Jun 21, 2016 Jkt 238001 & Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background The ITDS is an electronic trade data interchange system authorized pursuant to section 405 of the Security and Accountability for Every (SAFE) Port Act of 2006, Public Law 109–347. The purpose of ITDS, as defined by Section 405 of the SAFE Port Act of 2006, ‘‘is to eliminate redundant information requirements, to efficiently regulate the flow of commerce, and to effectively enforce laws and regulations relating to international trade, by establishing a single portal system, operated by the United States Customs and Border Protection, for the collection and distribution of standard electronic import and export data required by all participating Federal agencies.’’ On October 13, 2015, CBP issued an interim final rule to amend its regulations to provide that, as of November 1, 2015, ACE is a CBP-authorized Electronic Data Interchange System which may be used for the filing of entries and entry summaries.2 Scope of the AD/CVD Italy Pasta Orders On July 24, 1996, the Department published the notice of the AD/CVD Italy Pasta Orders in the Federal Register with nearly identical language regarding the scope of the orders.3 In particular, the scope language covered: Certain non-egg dry pasta in packages of five pounds (or 2.27 kilograms) or less, whether or not enriched or fortified or containing milk or other optional ingredients such as chopped vegetables, vegetable purees, milk, gluten, diastases, 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 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 Associazione Marchigiana 2 See Automated Commercial Environment (ACE) Filings for Electronic Entry/Entry Summary (Cargo Release and Related Entry), 80 FR 61278 (October 13, 2015) (Interim Final Rule); and Notice Announcing the Automated Commercial Environment (ACE) as the Sole CBP-Authorized Electronic Data Interchange (EDI) System for Processing Certain Electronic Entry and Entry Summary Filings, 81 FR 10264 (February 29, 2016) (General Notice). 3 See AD/CVD Italy Pasta Orders. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 40659 Agricultura Biologica (AMAB) or by Bioagricoop scrl. On July 9, 1996, after the date of our final antidumping duty determination, Euro-USA Trading Co., Inc., of Pawcatuck, CT, submitted materials to the Department supporting its request for an exclusion for pasta certified to be ‘‘organic pasta.’’ Among the documents submitted are a decree from the Italian Ministry of Agriculture and Forestry authorizing Bioagricoop scrl to certify foodstuffs as organic for the implementation of EEC Regulation 2029/91. Also submitted is a letter (with an accompanying translation into English) from the Director of Controls of Processing and Marketing Firms at Bioagricoop stating that the organization will take responsibility for its organic pasta certificates and will supply the necessary documentation to U.S. authorities. On this basis, imports of organic pasta from Italy that are accompanied by the appropriate certificate issued by Bioagricoop scrl are excluded from the scope of this order.4 The merchandise under order is currently classifiable under items 1902.19.20 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this investigation is dispositive. As noted in the language comprising the scope of the orders, our written description of the scope of the orders is dispositive. However, the notices published in connection with subsequent administrative reviews of the orders have contained minor differences in language regarding the identification of the authority that issues the organic certifications. Specifically, the most recent published final results in the CVD proceeding 5 states, with regard to this exclusion and certification for organic pasta, ‘‘{a}lso 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, or by Ambientale.’’ By comparison, the most recent published final results in the AD proceeding 6 4 Note that a modified version of this paragraph has appeared in the scope description in all subsequent administrative reviews, which has no material impact on the scope’s coverage. 5 See Certain Pasta From Italy: Final Results of Countervailing Duty Administrative Review; 2012, 80 FR 11172 (March 2, 2015), and accompanying Issues and Decision Memorandum at ‘‘Scope of the Order.’’ 6 Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2012– 2013, 80 FR 8604 (February 18, 2015), and accompanying Issues and Decision Memorandum at ‘‘Scope of the Order.’’ E:\FR\FM\22JNN1.SGM 22JNN1 40660 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices mstockstill on DSK3G9T082PROD with NOTICES states, ‘‘{a}lso 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.’’ In connection with the organic exclusion language, both the 2010 and 2010–2011 administrative reviews of the CVD and AD orders on pasta from Italy cite the same October 10, 2012, memorandum (‘‘Recognition of EU Organic Certifying Agents for Certifying Organic Pasta from Italy’’). The Department has placed a copy of that memorandum on the records of these changed circumstances reviews. In that memorandum, at page 2, the Department stated, ‘‘. . . we intend to update the scope language to clarify that organic pasta from Italy is excluded from the scope when accompanied by the appropriate NOP certificate issued by any EU control body or control authorities identified by the USDA as part of the U.S.-EU Partnership on Organic Trade . . .’’ The Department stated that the scope language for both orders would read: ‘‘Also excluded are imports of organic pasta from Italy that are certified by an EU authorized body and accompanied by a National Organic Program import certificate for organic products.’’ Initiation and Preliminary Results of Changed Circumstances Review Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.216(d), the Department will conduct a changed circumstances review of an antidumping or countervailing duty order when it receives information which shows changed circumstances sufficient to warrant such a review. In this case, the Department has determined that the advent of ITDS constitutes sufficient circumstances to conduct a changed circumstances review of the AD/CVD Italy Pasta Orders. Further, the Department does not require any additional information to make a preliminary finding. For this reason, as permitted by 19 CFR 351.221(c)(3)(ii), the Department finds that expedited action is warranted and is conducting this review on an expedited basis by publishing preliminary results in conjunction with this notice of initiation. Currently the scope of the AD/CVD Italy Pasta Orders requires that in order for a specific entry to be exempted from the AD and CVD orders based on the exclusion of organic pasta, the certifications must accompany the entry. Consistent with the ITDS initiative, which aims to streamline the VerDate Sep<11>2014 20:02 Jun 21, 2016 Jkt 238001 information filed with the U.S. Government via ACE as part of the import and export process, the Department evaluated whether the organic certification submission requirement related to the AD/CVD Italy Pasta Orders may be simplified. Based on our evaluation, we have preliminarily determined that it is appropriate to convert the certification requirement from an Entry Summary submission requirement to a recordkeeping requirement for the exporter and the importer, consistent with the Department of Agriculture’s National Organic Program, and the ITDS’ goal to streamline the import process.7 Under such a record-keeping requirement, both the exporter and the importer would be required to maintain a copy of the original certification in their respective records, as well as documentation supporting the certification, that would be subject to verification by the U.S. Government. Because this certification requirement would be a record-keeping requirement, the exporter and importer would be required to submit the certification in response to a request from CBP or the Department, in the form or manner required by the requesting agency. Additionally, the certification should be issued, signed and dated prior to the merchandise being exported from Italy. Entries for which an exporter or importer is unable to produce the required certification upon the request of CBP or the Department may be subject to antidumping or countervailing duties. Additionally, the Department preliminarily proposes to update the exclusion language for organic pasta. Specifically, the Department proposes to remove the reference to the National Organic Program certificate because the documentation may change over time. Finally, the Department preliminarily determines to align the scope language of the AD/CVD Italy Pasta Orders to reflect the Department’s intent that the same certification authority (or authorities) is acceptable for purposes of both orders and to reflect the change from an entry submission to a recordkeeping requirement. Based on the foregoing, we propose altering the organic pasta exclusion and 7 See the Organic Foods Production Act of 1990 (7 U.S.C., Chapter 94): § 6519. ‘‘Recordkeeping, investigations, and enforcement. (a) Recordkeeping. (1) In general, Except as otherwise provided in this chapter, each person who sells, labels, or represents any agricultural product as having been produced or handled using organic methods shall make available to the Secretary or the applicable governing State official, on request by the Secretary or official, all records associated with the agricultural product.’’ PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 certification language in the AD/CVD Italy Pasta Orders to read as follows: Also excluded are imports of organic pasta from Italy that are certified by an EU authorized body in accordance with the United State Department of Agriculture’s National Organic Program for organic products. The organic pasta certification must be retained by exporters and importers and made available to U.S. Customs and Border Protection or the Department of Commerce upon request. The Department’s proposed language is not intended to change any requirements under, or aspects of, the National Organic Program. If these preliminary results are upheld in the final results, the Department will revise the scope of the AD/CVD Italy Pasta Orders to reflect the aforementioned scope language. Public Comment Interested parties may submit case briefs in response to these preliminary results by no later than 14 calendar days after the date of publication of this notice in the Federal Register.8 Rebuttals, limited to issues raised in the case briefs, may be filed by no later than five calendar days after the deadline for case briefs. Parties that submit written comments or rebuttals 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.9 Parties who wish to comment on the preliminary results must file briefs electronically using ACCESS.10 ACCESS is available to registered users at http:// access.trade.gov and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the day on which it is due.11 Any interested party may submit a request for a hearing to the Assistant Secretary of Enforcement and Compliance using ACCESS within 14 days of publication of this notice in the Federal Register. Hearing requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed.12 Oral 8 Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when the Department is closed. See 19 CFR 351.303(b).This applies to submission of rebuttal comments as well as any request for a hearing. 9 See 19 CFR 351.309(c)(2) & (d)(2). 10 See 19 CFR 351.303(b) and (f). 11 See 19 CFR 351.303(b). 12 See 19 CFR 351.303(b). E:\FR\FM\22JNN1.SGM 22JNN1 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices presentations will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.13 Final Results of the Review In accordance with 19 CFR 351.216(e), the Department intends to issue the final results of this changed circumstances review not later than 270 days after the date on which the review is initiated, or within 45 days if all parties agree to our preliminary finding. Notification to Parties This initiation and preliminary results of review notice is published in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216 and 351.221(c)(3)(ii). Dated: June 14, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix mstockstill on DSK3G9T082PROD with NOTICES Scope of the AD and CVD Orders on Certain Pasta From Italy 1 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 the scope of the Order 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 as all forms of egg pasta, with the exception of non-egg dry pasta containing up to two percent egg white. 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 Order. Note 1. Pursuant to the Department’s August 14, 2009, changed circumstances review, effective July 1, 2008, gluten free pasta is also excluded from the scope of the Order.2 Note 2. Pursuant to the Department’s May 12, 2011, changed circumstances review, effective January 1, 2009, gluten free pasta is also excluded from the scope of the Order.3 Note 3. Effective January 1, 2012, ravioli and tortellini filled with cheese and/or vegetables 13 See 19 CFR 351.310(d). scope language will be used in the antidumping and countervailing duty orders on pasta from Italy. 2 This sentence is applicable only to the AD Italy Pasta Order. 3 This sentence is applicable only to the CVD Italy Pasta Order. 1 This VerDate Sep<11>2014 20:02 Jun 21, 2016 Jkt 238001 are also excluded from the scope of the Order. Note 4. Also excluded are imports of organic pasta from Italy that are certified by an EU authorized body in accordance with the United State Department of Agriculture’s National Organic Program for organic products. The organic pasta certification must be retained by exporters and importers and made available to U.S. Customs and Border Protection or the Department of Commerce upon request. The merchandise subject to this order is currently classifiable under items 1901.90.90.95 and 1902.19.20 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and Customs purposes, the written description of the merchandise subject to the Order is dispositive. Note 1: See Memorandum to Richard Moreland, dated August 25, 1997, which is on file in the CRU. Note 2: 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). Note 3: See Certain Pasta From Italy: Final Results of Countervailing Duty Changed Circumstances Review and Revocation, In Part, 76 FR 27634 (May 12, 2011). Note 4: See Certain Pasta From Italy: Final Results of Antidumping Duty and Countervailing Duty Changed Circumstances Reviews and Revocation, in Part, 79 FR 58319, 58320 (September 29, 2014). [FR Doc. 2016–14672 Filed 6–21–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–050] Ammonium Sulfate From the People’s Republic of China: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective June 14, 2016. FOR FURTHER INFORMATION CONTACT: Robert Galantucci at (202) 482–2923, or William Horn at (202) 482–2615, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: The Petition On May 25, 2016, the Department of Commerce (the Department) received a countervailing duty (CVD) petition concerning imports of ammonium PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 40661 sulfate from the People’s Republic of China (PRC), filed in proper form on behalf of PCI Nitrogen, LLC (Petitioner). The CVD petition was accompanied by an antidumping duty (AD) petition, also concerning imports of ammonium sulfate from the PRC.1 Petitioner is a domestic producer of ammonium sulfate.2 On May 31, 2016 and June 7, 2016 the Department requested information and clarification for certain areas of the CVD Petition.3 Petitioner filed responses to these requests on June 3, 2016 and June 9, 2016, respectively.4 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), Petitioner alleges that the Government of the PRC (GOC) is providing countervailable subsidies (within the meaning of sections 701 and 771(5) of the Act) with respect to imports of ammonium sulfate from the PRC, and that imports of ammonium sulfate from the PRC are materially injuring, and threaten material injury to, the domestic industry producing ammonium sulfate in the United States. Also, consistent with section 702(b)(1) of the Act, for those alleged programs on which we have initiated a CVD investigation, the Petition is accompanied by information reasonably available to Petitioner supporting its allegations. The Department finds that Petitioner filed the Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act, and that Petitioner has demonstrated sufficient industry support with respect to the initiation of the investigation Petitioner is requesting.5 1 See ‘‘Petition for the Imposition of Antidumping and Countervailing Duties: Ammonium Sulfate from the People’s Republic of China,’’ dated May 25, 2016 (Petitions). 2 See Volume I of the Petitions, at 1, and Exhibit I–1. 3 See Letter from Robert Bolling to Petitioner, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Ammonium Sulfate from the People’s Republic of China: Supplemental Questions,’’ dated May 31, 2016; see also Letter from Robert Bolling to Petitioner, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Ammonium Sulfate from the People’s Republic of China: Supplemental Questions,’’ dated June 7, 2016. 4 See Letter from Petitioner to Secretary of Commerce, ‘‘Ammonium Sulfate from the People’s Republic of China/Petitioner’s Response to the Department’s Questions Regarding the Petition,’’ dated June 3, 2016 (CVD Supplement); see also Letter from Petitioner to Secretary of Commerce, ‘‘Ammonium Sulfate from the People’s Republic of China/Petitioner’s Response to the Department’s Questions Regarding the Petition,’’ dated June 9, 2016 (CVD Second Supplement). 5 See ‘‘Determination of Industry Support for the Petition’’ below. E:\FR\FM\22JNN1.SGM 22JNN1

Agencies

[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Notices]
[Pages 40659-40661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14672]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

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


Certain Pasta From Italy: Initiation and Preliminary Results of 
Antidumping and Countervailing Duty Changed Circumstances Reviews

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

SUMMARY: The Department of Commerce (the Department) is self-initiating 
a changed circumstances review of the antidumping (AD) and 
countervailing (CVD) orders on certain pasta from Italy \1\ (1) in 
furtherance of the purpose of the International Trade Data System 
(ITDS) initiative and U.S. Customs and Border Protection's (CBP) 
efforts to modernize the electronic submission of import documents 
using the Automated Commercial Environment (ACE), and (2) to align 
across the AD/CVD Italy Pasta Orders the scope language regarding 
certifications accompanying imports of organic pasta. Specifically, in 
conjunction with this initiation, the Department preliminarily 
determines to convert the certification submission requirement to a 
record-keeping requirement, to authorize electronic submission of the 
certification, to update the scope language relating to the organic 
pasta exclusion, and to align the certification language across the AD/
CVD Italy Pasta Orders. Interested parties are invited to comment on 
these preliminary results.
---------------------------------------------------------------------------

    \1\ See Notice of Antidumping Duty Order and Amended Final 
Determination of Sales at Less Than Fair Value: Certain Pasta From 
Italy, 61 FR 38547 (July 24, 1996); and Notice of Countervailing 
Duty Order and Amended Final Affirmative Countervailing Duty 
Determination: Certain Pasta (``Pasta'') From Italy, 61 FR 38544 
(July 24, 1996) (collectively, AD/CVD Italy Pasta Orders).

---------------------------------------------------------------------------
DATES: Effective Date: June 22, 2016.

FOR FURTHER INFORMATION CONTACT: Jennifer Meek, Office I for AD/CVD 
Operations, at (202) 482-2778; George McMahon, Office III for AD/CVD 
Operations, at (202) 482-1167; or Sam Zengotitabengoa, Customs Liaison 
Unit for AD/CVD Operations, at (202) 482-4195, AD/CVD Operations, 
Enforcement & Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    The ITDS is an electronic trade data interchange system authorized 
pursuant to section 405 of the Security and Accountability for Every 
(SAFE) Port Act of 2006, Public Law 109-347. The purpose of ITDS, as 
defined by Section 405 of the SAFE Port Act of 2006, ``is to eliminate 
redundant information requirements, to efficiently regulate the flow of 
commerce, and to effectively enforce laws and regulations relating to 
international trade, by establishing a single portal system, operated 
by the United States Customs and Border Protection, for the collection 
and distribution of standard electronic import and export data required 
by all participating Federal agencies.'' On October 13, 2015, CBP 
issued an interim final rule to amend its regulations to provide that, 
as of November 1, 2015, ACE is a CBP-authorized Electronic Data 
Interchange System which may be used for the filing of entries and 
entry summaries.\2\
---------------------------------------------------------------------------

    \2\ See Automated Commercial Environment (ACE) Filings for 
Electronic Entry/Entry Summary (Cargo Release and Related Entry), 80 
FR 61278 (October 13, 2015) (Interim Final Rule); and Notice 
Announcing the Automated Commercial Environment (ACE) as the Sole 
CBP-Authorized Electronic Data Interchange (EDI) System for 
Processing Certain Electronic Entry and Entry Summary Filings, 81 FR 
10264 (February 29, 2016) (General Notice).
---------------------------------------------------------------------------

Scope of the AD/CVD Italy Pasta Orders

    On July 24, 1996, the Department published the notice of the AD/CVD 
Italy Pasta Orders in the Federal Register with nearly identical 
language regarding the scope of the orders.\3\ In particular, the scope 
language covered:
---------------------------------------------------------------------------

    \3\ See AD/CVD Italy Pasta Orders.

    Certain non-egg dry pasta in packages of five pounds (or 2.27 
kilograms) or less, whether or not enriched or fortified or 
containing milk or other optional ingredients such as chopped 
vegetables, vegetable purees, milk, gluten, diastases, 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 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 
Associazione Marchigiana Agricultura Biologica (AMAB) or by 
Bioagricoop scrl.
    On July 9, 1996, after the date of our final antidumping duty 
determination, Euro-USA Trading Co., Inc., of Pawcatuck, CT, 
submitted materials to the Department supporting its request for an 
exclusion for pasta certified to be ``organic pasta.'' Among the 
documents submitted are a decree from the Italian Ministry of 
Agriculture and Forestry authorizing Bioagricoop scrl to certify 
foodstuffs as organic for the implementation of EEC Regulation 2029/
91. Also submitted is a letter (with an accompanying translation 
into English) from the Director of Controls of Processing and 
Marketing Firms at Bioagricoop stating that the organization will 
take responsibility for its organic pasta certificates and will 
supply the necessary documentation to U.S. authorities. On this 
basis, imports of organic pasta from Italy that are accompanied by 
the appropriate certificate issued by Bioagricoop scrl are excluded 
from the scope of this order.\4\
---------------------------------------------------------------------------

    \4\ Note that a modified version of this paragraph has appeared 
in the scope description in all subsequent administrative reviews, 
which has no material impact on the scope's coverage.
---------------------------------------------------------------------------

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

    As noted in the language comprising the scope of the orders, our 
written description of the scope of the orders is dispositive. However, 
the notices published in connection with subsequent administrative 
reviews of the orders have contained minor differences in language 
regarding the identification of the authority that issues the organic 
certifications. Specifically, the most recent published final results 
in the CVD proceeding \5\ states, with regard to this exclusion and 
certification for organic pasta, ``{a{time} lso 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, or by Ambientale.'' By comparison, the most 
recent published final results in the AD proceeding \6\

[[Page 40660]]

states, ``{a{time} lso 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.''
---------------------------------------------------------------------------

    \5\ See Certain Pasta From Italy: Final Results of 
Countervailing Duty Administrative Review; 2012, 80 FR 11172 (March 
2, 2015), and accompanying Issues and Decision Memorandum at ``Scope 
of the Order.''
    \6\ Certain Pasta From Italy: Final Results of Antidumping Duty 
Administrative Review; 2012-2013, 80 FR 8604 (February 18, 2015), 
and accompanying Issues and Decision Memorandum at ``Scope of the 
Order.''
---------------------------------------------------------------------------

    In connection with the organic exclusion language, both the 2010 
and 2010-2011 administrative reviews of the CVD and AD orders on pasta 
from Italy cite the same October 10, 2012, memorandum (``Recognition of 
EU Organic Certifying Agents for Certifying Organic Pasta from 
Italy''). The Department has placed a copy of that memorandum on the 
records of these changed circumstances reviews. In that memorandum, at 
page 2, the Department stated, ``. . . we intend to update the scope 
language to clarify that organic pasta from Italy is excluded from the 
scope when accompanied by the appropriate NOP certificate issued by any 
EU control body or control authorities identified by the USDA as part 
of the U.S.-EU Partnership on Organic Trade . . .'' The Department 
stated that the scope language for both orders would read: ``Also 
excluded are imports of organic pasta from Italy that are certified by 
an EU authorized body and accompanied by a National Organic Program 
import certificate for organic products.''

Initiation and Preliminary Results of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act) and 19 CFR 351.216(d), the Department will conduct a changed 
circumstances review of an antidumping or countervailing duty order 
when it receives information which shows changed circumstances 
sufficient to warrant such a review. In this case, the Department has 
determined that the advent of ITDS constitutes sufficient circumstances 
to conduct a changed circumstances review of the AD/CVD Italy Pasta 
Orders. Further, the Department does not require any additional 
information to make a preliminary finding. For this reason, as 
permitted by 19 CFR 351.221(c)(3)(ii), the Department finds that 
expedited action is warranted and is conducting this review on an 
expedited basis by publishing preliminary results in conjunction with 
this notice of initiation.
    Currently the scope of the AD/CVD Italy Pasta Orders requires that 
in order for a specific entry to be exempted from the AD and CVD orders 
based on the exclusion of organic pasta, the certifications must 
accompany the entry. Consistent with the ITDS initiative, which aims to 
streamline the information filed with the U.S. Government via ACE as 
part of the import and export process, the Department evaluated whether 
the organic certification submission requirement related to the AD/CVD 
Italy Pasta Orders may be simplified. Based on our evaluation, we have 
preliminarily determined that it is appropriate to convert the 
certification requirement from an Entry Summary submission requirement 
to a record-keeping requirement for the exporter and the importer, 
consistent with the Department of Agriculture's National Organic 
Program, and the ITDS' goal to streamline the import process.\7\
---------------------------------------------------------------------------

    \7\ See the Organic Foods Production Act of 1990 (7 U.S.C., 
Chapter 94): Sec.  6519. ``Recordkeeping, investigations, and 
enforcement. (a) Recordkeeping. (1) In general, Except as otherwise 
provided in this chapter, each person who sells, labels, or 
represents any agricultural product as having been produced or 
handled using organic methods shall make available to the Secretary 
or the applicable governing State official, on request by the 
Secretary or official, all records associated with the agricultural 
product.''
---------------------------------------------------------------------------

    Under such a record-keeping requirement, both the exporter and the 
importer would be required to maintain a copy of the original 
certification in their respective records, as well as documentation 
supporting the certification, that would be subject to verification by 
the U.S. Government. Because this certification requirement would be a 
record-keeping requirement, the exporter and importer would be required 
to submit the certification in response to a request from CBP or the 
Department, in the form or manner required by the requesting agency. 
Additionally, the certification should be issued, signed and dated 
prior to the merchandise being exported from Italy. Entries for which 
an exporter or importer is unable to produce the required certification 
upon the request of CBP or the Department may be subject to antidumping 
or countervailing duties.
    Additionally, the Department preliminarily proposes to update the 
exclusion language for organic pasta. Specifically, the Department 
proposes to remove the reference to the National Organic Program 
certificate because the documentation may change over time. Finally, 
the Department preliminarily determines to align the scope language of 
the AD/CVD Italy Pasta Orders to reflect the Department's intent that 
the same certification authority (or authorities) is acceptable for 
purposes of both orders and to reflect the change from an entry 
submission to a record-keeping requirement.
    Based on the foregoing, we propose altering the organic pasta 
exclusion and certification language in the AD/CVD Italy Pasta Orders 
to read as follows:

    Also excluded are imports of organic pasta from Italy that are 
certified by an EU authorized body in accordance with the United 
State Department of Agriculture's National Organic Program for 
organic products. The organic pasta certification must be retained 
by exporters and importers and made available to U.S. Customs and 
Border Protection or the Department of Commerce upon request.

    The Department's proposed language is not intended to change any 
requirements under, or aspects of, the National Organic Program. If 
these preliminary results are upheld in the final results, the 
Department will revise the scope of the AD/CVD Italy Pasta Orders to 
reflect the aforementioned scope language.

Public Comment

    Interested parties may submit case briefs in response to these 
preliminary results by no later than 14 calendar days after the date of 
publication of this notice in the Federal Register.\8\ Rebuttals, 
limited to issues raised in the case briefs, may be filed by no later 
than five calendar days after the deadline for case briefs. Parties 
that submit written comments or rebuttals 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.\9\ Parties who wish to 
comment on the preliminary results must file briefs electronically 
using ACCESS.\10\ ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, room 
B8024 of the main Department of Commerce building. An electronically 
filed document must be received successfully in its entirety by ACCESS 
by 5:00 p.m. Eastern Time on the day on which it is due.\11\
---------------------------------------------------------------------------

    \8\ Or the next business day, if the deadline falls on a 
weekend, federal holiday or any other day when the Department is 
closed. See 19 CFR 351.303(b).This applies to submission of rebuttal 
comments as well as any request for a hearing.
    \9\ See 19 CFR 351.309(c)(2) & (d)(2).
    \10\ See 19 CFR 351.303(b) and (f).
    \11\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------

    Any interested party may submit a request for a hearing to the 
Assistant Secretary of Enforcement and Compliance using ACCESS within 
14 days of publication of this notice in the Federal Register. Hearing 
requests should contain the following information: (1) The party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of the issues to be discussed.\12\ Oral

[[Page 40661]]

presentations will be limited to issues raised in the briefs. If a 
request for a hearing is made, parties will be notified of the time and 
date for the hearing to be held at the U.S. Department of Commerce, 
1401 Constitution Avenue NW., Washington, DC 20230.\13\
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.303(b).
    \13\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

Final Results of the Review

    In accordance with 19 CFR 351.216(e), the Department intends to 
issue the final results of this changed circumstances review not later 
than 270 days after the date on which the review is initiated, or 
within 45 days if all parties agree to our preliminary finding.

Notification to Parties

    This initiation and preliminary results of review notice is 
published in accordance with sections 751(b)(1) and 777(i) of the Act 
and 19 CFR 351.216 and 351.221(c)(3)(ii).

    Dated: June 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the AD and CVD Orders on Certain Pasta From Italy \1\
---------------------------------------------------------------------------

    \1\ This scope language will be used in the antidumping and 
countervailing duty orders on pasta from Italy.
---------------------------------------------------------------------------

    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 the scope of the Order 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 as all forms of egg pasta, with the 
exception of non-egg dry pasta containing up to two percent egg 
white. 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 Order. Note 1. 
Pursuant to the Department's August 14, 2009, changed circumstances 
review, effective July 1, 2008, gluten free pasta is also excluded 
from the scope of the Order.\2\ Note 2. Pursuant to the Department's 
May 12, 2011, changed circumstances review, effective January 1, 
2009, gluten free pasta is also excluded from the scope of the 
Order.\3\ Note 3. Effective January 1, 2012, ravioli and tortellini 
filled with cheese and/or vegetables are also excluded from the 
scope of the Order. Note 4.
---------------------------------------------------------------------------

    \2\ This sentence is applicable only to the AD Italy Pasta 
Order.
    \3\ This sentence is applicable only to the CVD Italy Pasta 
Order.
---------------------------------------------------------------------------

    Also excluded are imports of organic pasta from Italy that are 
certified by an EU authorized body in accordance with the United 
State Department of Agriculture's National Organic Program for 
organic products. The organic pasta certification must be retained 
by exporters and importers and made available to U.S. Customs and 
Border Protection or the Department of Commerce upon request.
    The merchandise subject to this order is currently classifiable 
under items 1901.90.90.95 and 1902.19.20 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Although the HTSUS 
subheadings are provided for convenience and Customs purposes, the 
written description of the merchandise subject to the Order is 
dispositive.

    Note 1:  See Memorandum to Richard Moreland, dated August 25, 
1997, which is on file in the CRU.


    Note 2:  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).


    Note 3:  See Certain Pasta From Italy: Final Results of 
Countervailing Duty Changed Circumstances Review and Revocation, In 
Part, 76 FR 27634 (May 12, 2011).


    Note 4:  See Certain Pasta From Italy: Final Results of 
Antidumping Duty and Countervailing Duty Changed Circumstances 
Reviews and Revocation, in Part, 79 FR 58319, 58320 (September 29, 
2014).


[FR Doc. 2016-14672 Filed 6-21-16; 8:45 am]
 BILLING CODE 3510-DS-P