Certain Pasta From Italy: Notice of Initiation of Antidumping Duty Changed Circumstances Review, 62864-62865 [2016-22007]

Download as PDF 62864 Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices Notice and opportunity for public comment. ACTION: DEPARTMENT OF COMMERCE Economic Development Administration Pursuant to Section 251 of the Trade Act 1974, as amended (19 U.S.C. 2341 et seq.), the Economic Development Administration (EDA) has received petitions for certification of eligibility to apply for Trade Adjustment Assistance from the firms listed below. Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment Assistance Economic Development Administration, Department of Commerce. AGENCY: Accordingly, EDA has initiated investigations to determine whether increased imports into the United States of articles like or directly competitive with those produced by each of these firms contributed importantly to the total or partial separation of the firm’s workers, or threat thereof, and to a decrease in sales or production of each petitioning firm. LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE [8/19/2016 through 9/7/2016] Firm name Firm address Hi-Tech Electronic Manufacturing, Inc. Duval Sign Company .............. 7420 Carrol Road, San Diego, CA 92121. 2 Shaker Road, D105, Shirley, MA 1464. 1232 Wall Road, Broussard, LA 70518. 2360 High Street, Suite 10, Jackson, MO 63755. Machine Tech Services, LLC .. DaVincia, LLC, d/b/a Link Electronics. Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance for Firms Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. Please follow the requirements set forth in EDA’s regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms. Miriam Kearse, Lead Program Analyst. [FR Doc. 2016–21891 Filed 9–12–16; 8:45 am] BILLING CODE 3510–WH–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–818] Lhorne on DSK30JT082PROD with NOTICES Certain Pasta From Italy: Notice of Initiation of Antidumping Duty Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) is initiating a changed circumstances review of the antidumping duty order on certain pasta AGENCY: VerDate Sep<11>2014 15:27 Sep 12, 2016 Jkt 238001 Date accepted for investigation 8/19/2016 Product(s) 8/22/2016 This firm manufactures circuit card, assemblies, chassis assemblies, and cable harnesses assemblies. This firm is a manufacturer of of signs and visual displays. 8/22/2016 The firm is a manufacturer and repairer of oilfield equipment. 8/31/2016 The firm manufactures radio and television communications equipment for both household and commercial use. from Italy (pasta) with respect to Tamma Industrie Alimentari di Capitanata, S.r.L. (Tamma). DATES: Effective September 13, 2016. FOR FURTHER INFORMATION CONTACT: Joy Zhang, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1168. Background On July 24, 1996, the Department published in the Federal Register the antidumping duty order on pasta from Italy, which included Delverde S.p.A. and its affiliate Tamma (collectively, Delverde).1 Pursuant to a decision by the Court of International Trade, on remand, the Department determined that Delverde had a de minimis dumping margin and should be excluded from the order.2 In 2014, the Department conducted a changed circumstances review of Delverde S.p.A and found that Delverde Industrie Alimentari S.p.A. (Delverde) was not a successor-in-interest to Delverde S.p.A. based on aspects of the bankruptcy of Delverde S.p.A., changes in management, changes in supplier relationships, and changes in 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) (AD Order). 2 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). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 production facilities.3 Thus, the Department found that Delverde was not entitled to the defunct entity’s antidumping exclusion from the AD Order.4 On July 29, 2016, American Italian Pasta Company, Dakota Growers Pasta Company, and New World Pasta Company (Petitioners) filed a request for the Department to initiate a changed circumstances review of Tamma to determine whether Tamma is the successor-in-interest to the same company that was excluded from the AD Order.5 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 3 See Certain Pasta from Italy: Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review, 79 FR 28481 (May 16, 2014); unchanged in Certain Pasta from Italy: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 79 FR 76339 (September 19, 2014) and accompanying Issues and Decision Memorandum (Delverde CCR). 4 See Delverde CCR. 5 See Petitioners’ letter titled, ‘‘Request for 2015– 2016 Administrative Reviews of the Antidumping Duty Order on Certain Pasta from Italy,’’ dated July 29, 2016. This letter requests an administrative review and changed circumstances review of Tamma. On August 11, 2016, Petitioners refiled this review request to clarify the specific company names requested for review. E:\FR\FM\13SEN1.SGM 13SEN1 Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices 62865 accordance with the above-referenced statute and regulation, the Department is initiating a changed circumstances review. We intend to issue the final results of the changed circumstances review within 270 days from the date of initiation of this changed circumstance review, or within 45 days if all parties to the proceeding agree to the outcome of the review.8 During the course of this review, we will not change the cash deposit requirements for the subject merchandise. The cash deposit rate will be changed, if warranted, pursuant only to the final results of the changed circumstances review. This notice of initiation is in accordance with section 751(b)(1) of the Act and 19 CFR 351.221(b)(1). Background In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on July 21, 2016, the Department published its affirmative final determinations in the less-thanfair-value (LTFV) investigations of heavy walled rectangular welded carbon steel pipes and tubes from Korea, Mexico, and Turkey.1 On September 6, 2016, the ITC notified the Department of its affirmative determinations that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of heavy walled rectangular welded carbon steel pipes and tubes from Korea, Mexico, and Turkey.2 Dated: September 7, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Initiation 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 upon receipt of information concerning, or a request from an interested party for a review of, an antidumping duty order which shows changed circumstances sufficient to warrant a review of the order. In antidumping duty changed circumstances reviews involving a successor-in-interest determination, the Department typically examines several factors including, but not limited to: (1) Management; (2) production facilities; (3) supplier relationships; and (4) customer base.6 Based on the information Petitioners submitted in their July 29, 2016, letter, we find that we have received information which shows changed circumstances sufficient to warrant initiation of such a review in order to determine whether Tamma is the successor-in-interest to the company excluded from the AD Order that was previously affiliated with the now defunct Delverde S.p.A.7 Therefore, in Lhorne on DSK30JT082PROD with NOTICES 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. Effective July 1, 2008, gluten free pasta is also excluded from this order. 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 AD Order is dispositive. BILLING CODE 3510–DS–P Scope of the Orders The merchandise covered by these orders is certain heavy walled rectangular welded steel pipes and tubes of rectangular (including square) cross section, having a nominal wall thickness of not less than 4 mm. The merchandise includes, but is not limited to, the American Society for Testing and Materials (ASTM) A–500, grade B specifications, or comparable domestic or foreign specifications. Included products are those in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements below exceeds the quantity, by weight, respectively indicated: 6 See Brass Sheet and Strip from Canada: Final Results of Antidumping Duty Administrative Review, 57 FR 20460, 20462 (May 13, 1992) and Certain Cut-to-Length Carbon Steel Plate from Romania: Initiation and Preliminary Results of Changed Circumstances Antidumping Duty Administrative Review, 70 FR 22847 (May 3, 2005), unchanged in Notice of Final Results of Antidumping Duty Changed Circumstances Review: Certain Cut-to-Length Carbon Steel Plate from Romania, 70 FR 35624 (June 21, 2005). 7 See 19 CFR 351.216(d). VerDate Sep<11>2014 15:27 Sep 12, 2016 Jkt 238001 [FR Doc. 2016–22007 Filed 9–12–16; 8:45 am] DEPARTMENT OF COMMERCE International Trade Administration [A–580–880, A–201–847, A–489–824] Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea, Mexico, and the Republic of Turkey: Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (the ITC), the Department is issuing antidumping duty orders on heavy walled rectangular welded carbon steel pipes and tubes from the Republic of Korea (Korea), Mexico, and the Republic of Turkey (Turkey). DATES: Effective September 13, 2016. FOR FURTHER INFORMATION CONTACT: Alice Maldonado (Korea), David Crespo (Mexico), or Ross Belliveau (Turkey), AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4682, (202) 482–3693, and, (202) 482–4952 respectively. AGENCY: SUPPLEMENTARY INFORMATION: 8 See PO 00000 19 CFR 351.216(e). Frm 00012 Fmt 4703 Sfmt 4703 • 2.50 percent of manganese, or • 3.30 percent of silicon, or • 1.50 percent of copper, or • 1.50 percent of aluminum, or • 1.25 percent of chromium, or • 0.30 percent of cobalt, or • 0.40 percent of lead, or • 2.0 percent of nickel, or • 0.30 percent of tungsten, or • 0.80 percent of molybdenum, or • 0.10 percent of niobium (also called columbium), or • 0.30 percent of vanadium, or • 0.30 percent of zirconium. 1 See Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From The Republic of Korea: Final Determination of Sales Less Than Fair Value, 81 FR 47347 (July 21, 2016) (Korea Final Determination), Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Final Determination of Sales Less Than Fair Value, 81 FR 47352 (July 21, 2016) (Mexico Final Determination), and Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From The Republic of Turkey: Final Determination of Sales Less Than Fair Value, 81 FR 47355 (July 21, 2016) (Turkey Final Determination). 2 See ITC Notification Letter to the Deputy Assistant Secretary for Enforcement and Compliance, referencing ITC Investigation Nos. 701–TA–539 and 731–TA–1280–1282 (September 6, 2016) (ITC Notification). E:\FR\FM\13SEN1.SGM 13SEN1

Agencies

[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Notices]
[Pages 62864-62865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22007]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


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

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

SUMMARY: The Department of Commerce (Department) is initiating a 
changed circumstances review of the antidumping duty order on certain 
pasta from Italy (pasta) with respect to Tamma Industrie Alimentari di 
Capitanata, S.r.L. (Tamma).

DATES: Effective September 13, 2016.

FOR FURTHER INFORMATION CONTACT: Joy Zhang, AD/CVD Operations, Office 
III, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, 
DC 20230; telephone: (202) 482-1168.

Background

    On July 24, 1996, the Department published in the Federal Register 
the antidumping duty order on pasta from Italy, which included Delverde 
S.p.A. and its affiliate Tamma (collectively, Delverde).\1\ Pursuant to 
a decision by the Court of International Trade, on remand, the 
Department determined that Delverde had a de minimis dumping margin and 
should be excluded from the order.\2\
---------------------------------------------------------------------------

    \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) (AD Order).
    \2\ 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).
---------------------------------------------------------------------------

    In 2014, the Department conducted a changed circumstances review of 
Delverde S.p.A and found that Delverde Industrie Alimentari S.p.A. 
(Delverde) was not a successor-in-interest to Delverde S.p.A. based on 
aspects of the bankruptcy of Delverde S.p.A., changes in management, 
changes in supplier relationships, and changes in production 
facilities.\3\ Thus, the Department found that Delverde was not 
entitled to the defunct entity's antidumping exclusion from the AD 
Order.\4\
---------------------------------------------------------------------------

    \3\ See Certain Pasta from Italy: Notice of Preliminary Results 
of Antidumping Duty Changed Circumstances Review, 79 FR 28481 (May 
16, 2014); unchanged in Certain Pasta from Italy: Notice of Final 
Results of Antidumping Duty Changed Circumstances Review, 79 FR 
76339 (September 19, 2014) and accompanying Issues and Decision 
Memorandum (Delverde CCR).
    \4\ See Delverde CCR.
---------------------------------------------------------------------------

    On July 29, 2016, American Italian Pasta Company, Dakota Growers 
Pasta Company, and New World Pasta Company (Petitioners) filed a 
request for the Department to initiate a changed circumstances review 
of Tamma to determine whether Tamma is the successor-in-interest to the 
same company that was excluded from the AD Order.\5\
---------------------------------------------------------------------------

    \5\ See Petitioners' letter titled, ``Request for 2015-2016 
Administrative Reviews of the Antidumping Duty Order on Certain 
Pasta from Italy,'' dated July 29, 2016. This letter requests an 
administrative review and changed circumstances review of Tamma. On 
August 11, 2016, Petitioners refiled this review request to clarify 
the specific company names requested for review.
---------------------------------------------------------------------------

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

[[Page 62865]]

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. Effective July 
1, 2008, gluten free pasta is also excluded from this order.
    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 AD Order is dispositive.

Initiation 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 upon receipt of information concerning, or a 
request from an interested party for a review of, an antidumping duty 
order which shows changed circumstances sufficient to warrant a review 
of the order. In antidumping duty changed circumstances reviews 
involving a successor-in-interest determination, the Department 
typically examines several factors including, but not limited to: (1) 
Management; (2) production facilities; (3) supplier relationships; and 
(4) customer base.\6\
---------------------------------------------------------------------------

    \6\ See Brass Sheet and Strip from Canada: Final Results of 
Antidumping Duty Administrative Review, 57 FR 20460, 20462 (May 13, 
1992) and Certain Cut-to-Length Carbon Steel Plate from Romania: 
Initiation and Preliminary Results of Changed Circumstances 
Antidumping Duty Administrative Review, 70 FR 22847 (May 3, 2005), 
unchanged in Notice of Final Results of Antidumping Duty Changed 
Circumstances Review: Certain Cut-to-Length Carbon Steel Plate from 
Romania, 70 FR 35624 (June 21, 2005).
---------------------------------------------------------------------------

    Based on the information Petitioners submitted in their July 29, 
2016, letter, we find that we have received information which shows 
changed circumstances sufficient to warrant initiation of such a review 
in order to determine whether Tamma is the successor-in-interest to the 
company excluded from the AD Order that was previously affiliated with 
the now defunct Delverde S.p.A.\7\ Therefore, in accordance with the 
above-referenced statute and regulation, the Department is initiating a 
changed circumstances review.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------

    We intend to issue the final results of the changed circumstances 
review within 270 days from the date of initiation of this changed 
circumstance review, or within 45 days if all parties to the proceeding 
agree to the outcome of the review.\8\ During the course of this 
review, we will not change the cash deposit requirements for the 
subject merchandise. The cash deposit rate will be changed, if 
warranted, pursuant only to the final results of the changed 
circumstances review.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.216(e).
---------------------------------------------------------------------------

    This notice of initiation is in accordance with section 751(b)(1) 
of the Act and 19 CFR 351.221(b)(1).

    Dated: September 7, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-22007 Filed 9-12-16; 8:45 am]
BILLING CODE 3510-DS-P