Certain Pasta From Italy: Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review, 14501-14502 [2017-05530]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Notices]
[Pages 14501-14502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05530]


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Notices
                                                Federal Register
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Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / 
Notices

[[Page 14501]]



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 September 13, 2016, 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 
Francesco Tamma S.p.A (Tamma) is the successor-in-interest to Tamma 
Industrie Alimentary S.r.l. (TIAC), the company affiliated with 
Delverde, S.r.l. (Delverde), which was excluded from the order on pasta 
from Italy. We preliminarily determine that Tamma is not the successor-
in-interest to TIAC. We invite interested parties to comment on these 
preliminary results.

DATES: Effective March 21, 2017.

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

SUPPLEMENTARY INFORMATION:

Background

    On July 14, 1996, the Department published in the Federal Register 
the antidumping duty order on pasta from Italy, which included Delverde 
and its affiliate TIAC \1\ (collectively, Delverde/TIAC).\2\ Pursuant 
to a decision by the Court of International Trade, on remand, the 
Department determined that Delverde/TIAC had a de minimis dumping 
margin and should be excluded from the order on pasta from Italy 
(hereinafter referred as the Pasta Order).\3\
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    \1\ On July 27, 2016, TIAC changed its corporate name to 
Francesco Tamma S.p.A. (Tamma). See Tamma's letter ``Certain Pasta 
from Italy: Changed Circumstances Review Response of Francesco Tamma 
S.p.A.'' dated October 12, 2016.
    \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) (Pasta Order).
    \3\ See Notice of Amendment of Final Determination of Sales at 
Less Than Fair Value Pursuant to Court Decision and Revocation in 
Part: Certain Pasta from Italy, 66 FR 65889 (December 21, 2001).
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    In 2014, the Department conducted a changed circumstances review 
(CCR) of Delverde Industrie Alimentari S.p.A. (Delverde S.p.A.) and 
found that Delverde S.p.A. was not the successor-in-interest to 
Delverde based on aspects of the bankruptcy of Delverde, changes in 
management, changes in supplier relationships, and changes in 
production facilities.\4\ Thus, the Department found that Delverde 
S.p.A. was not entitled to the exclusion from the Pasta Order that was 
originally granted to Delverde, a defunct entity.\5\
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    \4\ 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).
    \5\ See Delverde CCR.
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    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 CCR of Tamma to determine 
whether Tamma is the successor-in-interest to TIAC, the company 
excluded from the Pasta Order that was previously affiliated with the 
now defunct Delverde.\6\ On September 13, 2016, we initiated a CCR with 
respect to Tamma.\7\
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    \6\ 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.
    \7\ See Certain Pasta from Italy: Initiation of Changed 
Circumstances Review, 81 FR 62864 (September 13, 2016) (Initiation 
Notice).
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    On September 13, 2016, the Department requested information from 
Tamma, which, after an extension, was submitted on October 12, 2016 
(hereinafter referred to as the Initial Response). On November 14, 
2016, the Department requested additional information from Tamma, which 
was provided on December 9, 2016 (hereinafter referred to as 
Supplemental Response).

Scope of the Order

    Imports covered by this order are shipments of certain non-egg dry 
pasta in packages of five pounds four ounces or less, whether or not 
enriched or fortified or containing milk or other optional ingredients 
such as chopped vegetables, vegetable purees, milk, gluten, diastasis, 
vitamins, coloring and flavorings, and up to two percent egg white. The 
pasta covered by this scope is typically sold in the retail market, in 
fiberboard or cardboard cartons, or polyethylene or polypropylene bags 
of varying dimensions. 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.
    For a full description of the scope, see the memorandum titled, 
``Preliminary Results of Changed Circumstances Review, Regarding 
Successor-In-Interest Analysis: Certain Pasta from Italy,'' 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 
B8024, of the main Department of Commerce building. In addition, a 
complete public version of the Preliminary Results of Changed 
Circumstances Review memorandum

[[Page 14502]]

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.
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    \8\ See Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance from Gary Taverman, 
Associate 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).
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Methodology

    In accordance with section 751(b)(1) of the Tariff Act of 1930, as 
amended (the Act), we are conducting this CCR based upon the 
information contained in the submissions of Tamma.\9\ For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Results of Changed Circumstances Review memorandum.
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    \9\ See Tamma Initial Response, dated October 12, 2016, and 
Supplemental Response, dated December 9, 2016.
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Preliminary Results of Changed Circumstances Review

    Based on record evidence, we preliminarily determine that Tamma is 
not the successor-in-interest to TIAC, the company in the Delverde/TIAC 
entity, which was excluded from the Pasta Order. Specifically, we 
preliminarily determine that the current management of Tamma is 
materially dissimilar to the management of TIAC before Delverde's 
bankruptcy in 2005. We also preliminarily determine that the ownership 
and management structure of Tamma is materially dissimilar to the 
management of TIAC, due to the acquisition of TIAC's stock by Satel 
S.r.L. (Satel) in 2016. In addition, we find that Tamma did not 
demonstrate that its operations, with respect to the subject 
merchandise, were materially similar to the operations of TIAC when it 
comes to supplier relationships and customer base. Thus, we 
preliminarily determine that Tamma does not operate as the same 
business entity as TIAC with respect to the subject merchandise. A list 
of topics discussed in the Preliminary Results of Changed Circumstances 
Review memorandum appears in the Appendix to this notice.
    Consequently, we preliminarily determine that Tamma should not be 
given the same antidumping duty treatment as the Delverde/TIAC entity. 
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.\10\ If we reach the same conclusion in the final results, the 
cash deposit for Tamma will be 15.45 percent, the all-others rate 
established in the antidumping duty investigation, as modified by the 
Section 129 Determination.\11\
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    \10\ See Granular Polytetrafluoroethylene Resin from Italy: 
Final Results of Changed Circumstances Review, 68 FR 25327 (May 12, 
2003). See also Delverde CCR.
    \11\ See Implementation of Determinations Pursuant to Section 
129 of the Uruguay Round Agreements Act, 81 FR 37180 (June 9, 2016) 
(Section 129 Determination).
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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. 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: March 15, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Changed 
Circumstances Review Memorandum

I. Background
II. Scope of the Order
III. Successor-In-Interest Determination
    1. Management
    2. Production Facilities
    3. Supplier Relationship
    4. Customer Base

[FR Doc. 2017-05530 Filed 3-20-17; 8:45 am]
 BILLING CODE 3510-DS-P