Certain Pasta From Italy: Final Results of Antidumping and Countervailing Duty Changed Circumstances Reviews, 4291-4294 [2017-00654]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Notices]
[Pages 4291-4294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00654]


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

DEPARTMENT OF COMMERCE

International Trade Administration

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


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

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

SUMMARY: On June 22, 2016, the Department of Commerce (the Department) 
published its initiation and preliminary results in these changed 
circumstances reviews. Based on our analysis of the comments submitted 
by interested parties, our final results remain unchanged from the 
preliminary results.

DATES: Effective January 13, 2017.

FOR FURTHER INFORMATION CONTACT: Jennifer Shore, Office I for AD/CVD 
Operations, at (202) 482-2778; George McMahon, Office III for AD/CVD 
Operations, at (202) 482-1167; or Renee D'Antonio, Customs Liaison Unit 
for AD/CVD Operations, at (202) 482-1318, AD/CVD Operations, 
Enforcement & Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: 

[[Page 4292]]

Background

    On June 22, 2016, the Department published a notice of Initiation 
and Preliminary Results of Antidumping and Countervailing Duty Changed 
Circumstances Reviews \1\ on certain pasta from Italy (1) in 
furtherance 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 the scope language 
regarding certifications accompanying imports of organic pasta across 
the AD/CVD Italy Pasta Orders.\2\
---------------------------------------------------------------------------

    \1\ See Certain Pasta from Italy: Initiation and Preliminary 
Results of Antidumping and Countervailing Duty Changed Circumstances 
Reviews, 81 FR 40659 (June 22, 2016) (Initiation and Preliminary 
Results of Antidumping and Countervailing Duty Changed Circumstances 
Reviews).
    \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); 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).
---------------------------------------------------------------------------

    Specifically, the Department preliminarily determined to: (1) 
Convert the organic pasta certification submission requirement to a 
record-keeping requirement and to adjust the scope exclusion language 
to reflect this change, (2) authorize electronic submission of the 
certification when the certificate is requested by CBP or the 
Department, (3) update the scope language to remove the reference to 
the National Organic Program certificate, and (4) to align the 
certification language across the AD/CVD Italy Pasta Orders to reflect 
that the same certification authority (or authorities) is acceptable 
for purposes of both orders. Since the publication of the Initiation 
and Preliminary Results of Antidumping and Countervailing Duty Changed 
Circumstances Reviews, the Department received a single case brief, 
filed on July 6, 2016, on behalf of American Italian Pasta Company, 
Dakota Growers Pasta Company and New World Pasta Company (Petitioners). 
No interested party submitted a rebuttal brief.

Scope of the Orders

    The scope of these orders covers 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 these Orders is typically sold in the 
retail market, in fiberboard or cardboard cartons, or polyethylene or 
polypropylene bags of varying dimensions.\3\
---------------------------------------------------------------------------

    \3\ For a full description of the scope of these AD/CVD Italy 
Pasta Orders, see the Appendix to this Notice.
---------------------------------------------------------------------------

    The merchandise subject to the AD/CVD Italy Pasta Orders 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 these Orders is 
dispositive.

Analysis of Comments Received

    In their July 6, 2016, case brief, Petitioners agree with the 
Department's revision of the organic pasta exclusion to harmonize the 
scope language regarding certifications concerning imports of organic 
pasta across the AD/CVD Italy Pasta Orders. Petitioners, however, 
express concern regarding the Department's proposal to replace the 
requirement to file the organic certification at entry with a record-
keeping requirement. Petitioners argue that because organic pasta is an 
excluded product, an exporter or importer dealing exclusively with 
organic pasta might never become subject to the Department's 
jurisdiction in an administrative review or other segment and would 
therefore, never be required to produce the certification. 
Additionally, Petitioners note that, at the outset of the Initiation 
and Preliminary Results of Antidumping and Countervailing Duty Changed 
Circumstances Reviews, the Department indicated it was initiating a 
changed circumstances review to change the requirement to submit an 
organic certification at entry to a record-keeping requirement and to 
allow for electronic submission of the document. However, the 
Department did not further discuss the possible electronic submission 
requirement or how it would work.
    Petitioners suggest that in lieu of, or in addition to, the record-
keeping requirement, the Department should require importers to scan 
electronically and submit the organic certification using the Document 
Imaging System (DIS) in ACE so that the certification will be attached 
to each relevant entry. Petitioners conclude that the Department would 
have access to the certifications if the Department obtained copies of 
entry packages from CBP.
Department's Position
    The Department considered the comments submitted by Petitioners and 
continues to find that it is appropriate to convert the current 
requirement to submit the organic certification at entry to a record-
keeping requirement. Petitioners have not provided any information to 
indicate that enforcement of the AD/CVD Italy Pasta Orders would be 
compromised by such a change. Under the record keeping requirement 
described in the preliminary results, 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.\4\
---------------------------------------------------------------------------

    \4\ See Initiation and Preliminary Results of Antidumping and 
Countervailing Duty Changed Circumstances Reviews, 81 FR at 40660.
---------------------------------------------------------------------------

    With respect to our statement in the summary of the Initiation and 
Preliminary Results of Antidumping and Countervailing Duty Changed 
Circumstances Reviews regarding authorization for electronic submission 
of the certification, this was meant to refer to one manner through 
which a party could submit a certification, once requested by the 
Department or CBP. CBP or the Department may request that the 
certification and/or supporting documentation be submitted 
electronically, through the DIS component of ACE or in some other form 
or manner as required by the requesting agency. As further discussed in 
the Initiation and Preliminary Results of Antidumping and 
Countervailing Duty Changed Circumstances Reviews, should the 
Department or CBP have concerns about entries of pasta, either agency, 
or both agencies, may require submission of the certifications to 
substantiate a party's claim that the imported pasta meets the 
requirements of the organic pasta exclusion. As such, the importer, or 
the party filing on its behalf, would be required to submit the organic 
pasta certification upon request by CBP or the Department.
    Absent evidence that the organic pasta certification record-keeping 
requirement undermines the enforcement of the AD/CVD Italy Pasta 
Orders, and because this change furthers the ITDS initiative and CBP's 
efforts to modernize the electronic submission of import documents 
using ACE, we find that it is appropriate to adopt the organic pasta 
certification record-keeping requirement. However, this Notice should 
not be construed as an indication that the Department relinquishes its 
ability to require the

[[Page 4293]]

filing of the organic certification for each entry of pasta subject to 
the AD/CVD Italy Pasta Orders. If, at any time, either CBP or the 
Department becomes aware of evidence indicating that the elimination of 
the requirement to file the organic certification with each entry is 
undermining the enforcement of the AD/CVD Italy Pasta Orders, the 
Department can reconsider whether to require that the organic 
certification be filed with each entry, using the DIS for entries filed 
in ACE or through other means as appropriate.

Final Results of Changed Circumstances Review

    After an analysis of the comments submitted, we continue to find 
that the organic pasta certification submission requirement should be 
converted to a record-keeping requirement. Under this record-keeping 
requirement, both the exporter and the importer are required to 
maintain a copy of the original EU authorized body 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 will now be a 
record-keeping requirement, the exporter and importer are 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 
(i.e., electronically or otherwise). Additionally, the certification 
must be issued, signed, and dated prior to the exportation of the 
merchandise from Italy. Entries for which an exporter or importer is 
unable to produce the required certification and/or documentation 
supporting the certification upon the request of CBP or the Department 
may be subject to antidumping or countervailing duties.
    In addition, we continue to find that the scope language relating 
to the organic pasta exclusion should be updated to: (1) Reflect the 
conversion to a record-keeping requirement; (2) remove the reference to 
the National Organic Program certificate; and (3) align the 
certification language across the AD/CVD Italy Pasta Orders to reflect 
that the same certification authority is acceptable for purposes of 
both orders. Based on the foregoing, the Department adopts the revised 
scope of the AD/CVD Italy Pasta Orders to reflect the aforementioned 
changes. The full text of the revised scopes is found in the Appendix 
to this document.

Notification to Parties

    This notice is the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    These final results are being issued and published in accordance 
with sections 751(b)(1) and 777(i) of the Tariff Act of 1930, as 
amended and 19 CFR 351.216 and 351.221(b)(5).

    Dated: January 6, 2017.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the AD Order on Certain 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. Note 2. Effective January 1, 2012, 
ravioli and tortellini filled with cheese and/or vegetables are also 
excluded from the scope of the Order. Note 3.
    Also excluded are imports of organic pasta from Italy that are 
certified by an EU authorized body in accordance with the United 
States 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 Central Records Unit.


    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 
Antidumping Duty and Countervailing Duty Changed Circumstances 
Reviews and Revocation, in Part, 79 FR 58319, 58320 (September 29, 
2014).

Scope of the CVD Order on Certain 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 May 12, 2011, changed circumstances 
review, effective January 1, 2009, gluten free pasta is also 
excluded from the scope of the Order. Note 2. Effective January 1, 
2012, ravioli and tortellini filled with cheese and/or vegetables 
are also excluded from the scope of the Order. Note 3.
    Also excluded are imports of organic pasta from Italy that are 
certified by an EU authorized body in accordance with the United 
States 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: Final Results of 
Countervailing Duty Changed Circumstances Review and Revocation, In 
Part, 76 FR 27634 (May 12, 2011).


    Note 3. See Certain Pasta From Italy: Final Results of 
Antidumping Duty and

[[Page 4294]]

Countervailing Duty Changed Circumstances Reviews and Revocation, in 
Part, 79 FR 58319, 58320 (September 29, 2014).

[FR Doc. 2017-00654 Filed 1-12-17; 8:45 am]
 BILLING CODE 3510-DS-P