Certain Pasta From Italy: Initiation and Preliminary Results of Changed Circumstances Review, 71315-71317 [2020-24835]

Download as PDF Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Notices Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4554. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES Background On March 22, 1984, Commerce issued an antidumping duty order on chloropicrin from China.1 On September 22, 2015, Commerce published a notice of continuation of the Order.2 There has been one administrative review since issuance of the Order.3 Commerce conducted four previous sunset reviews of the Order. Commerce published the final results of those sunset reviews on March 9, 1999; 4 July 6, 2004; 5 November 6, 2009; 6 and August 7, 2015.7 On August 4, 2020, Commerce initiated the fifth sunset review of this Order.8 On August 18, 2020, within the applicable deadline, Commerce received notice of intent to participate 9 from Ashta Chemicals, Inc.; Niklor Chemical Co., Inc.; and Trinity Manufacturing, Inc., the domestic interested parties in this proceeding.10 However, the domestic interested parties failed to submit a substantive response to the notice of initiation by the applicable time limit of September 3, 2020, as required by 19 CFR 351.218(d)(3).11 1 See Antidumping Duty Order: Chloropicrin from the People’s Republic of China, 49 FR 10691 (March 22, 1984) (Order). 2 See Chloropicrin From the People’s Republic of China: Continuation of Antidumping Duty Order, 80 FR 57149 (September 22, 2015) (2015 Continuation Notice). 3 See Chloropicrin from the People’s Republic of China: Final Results of Administrative Review of Antidumping Duty Order, 50 FR 2844 (January 22, 1985). 4 See Final Results of Expedited Sunset Review: Chloropicrin from the People’s Republic of China, 64 FR 11440 (March 9, 1999). 5 See Chloropicrin from the People’s Republic of China; Final Results of the Expedited Sunset Review of Antidumping Duty Order, 69 FR 40601 (July 6, 2004). 6 See Chloropicrin From the People’s Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 74 FR 57450 (November 6, 2009). 7 See Chloropicrin from the People’s Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 80 FR 47467 (August 7, 2015). 8 See Initiation of Five-Year (Sunset) Reviews, 85 FR 47185 (August 4, 2020). 9 See Domestic Interested Parties’ Letter, ‘‘Notice of Intent to Participate in Five-Year (‘‘Sunset’’) Review of Chloropicrin from China; Application Under Administrative Protective Order,’’ dated August 18, 2020. 10 See 19 CFR 351.218(d)(1)(i). 11 On September 18, 2020, the domestic interested parties attempted to file a late substantive response. See Domestic Interested Parties’ Letter, ‘‘Substantive Response on Behalf of Ashta Chemicals Inc, Niklor Chemical Company, and VerDate Sep<11>2014 16:35 Nov 06, 2020 Jkt 253001 Pursuant to 19 CFR 351.218(e)(1)(i)(C)(2), on September 10, 2020, Commerce notified the International Trade Commission, in writing, that it intended to issue a final determination revoking this antidumping duty order.12 Scope of the Order The merchandise subject to the antidumping duty order is chloropicrin, also known as trichloronitromethane. A major use of the product is as a preplant soil fumigant (pesticide). Such merchandise is classifiable under Harmonized Tariff Schedule (HTS) subheading 2904.90.50.05.13 The HTS subheading is provided for convenience and customs purposes. The written description remains dispositive. Determination To Revoke 19 CFR 351.218(e)(1)(i)(C) states that if no domestic party has filed a complete substantive response to the notice of initiation under paragraph (d)(3) of that section, then Commerce will issue a final determination revoking the order or terminating the suspended investigation not later than 90 days after the date of publication in the Federal Register of the Notice of Initiation. In turn, paragraph (d)(3) establishes a time limit for substantive responses to a notice of initiation, which is 30 days after the date of publication in the Federal Register of the notice of initiation. In this case, the notice of initiation was published in the Federal Register on August 4, 2020, and therefore the applicable time limit for substantive responses was September 3, 2020. As noted above, Commerce did not receive a substantive response from any domestic interested party by September 3. Because no domestic interested party timely filed an adequate substantive Trinity Manufacturing, Inc,’’ dated September 18, 2020. At the same time, the domestic interested parties also filed an untimely request for an extension to file the substantive response in this sunset review. See Letter from Kalik Lewin, ‘‘Request for Leave for late Filing: Substantive Response in Five-Year (‘‘Sunset’’) Review of Chloropicrin from China,’’ dated September 18, 2020. Commerce rejected the late submission of the substantive response. See Commerce Letters, ‘‘FiveYear (‘Sunset’) Review of Chloropicrin from China: Rejection of Request for Leave for Late Filing and Rejection of Domestic Interested Parties’ Substantive Response,’’ dated September 28, 2020; and ‘‘Five-Year (‘Sunset’) Review of Chloropicrin from China: Response to Second Request to Extend the Deadline for Filing a Substantive Response,’’ dated November 2, 2020. 12 See Commerce’s Letter, ‘‘Sunset Review Initiated on August 4, 2020,’’ dated September 10, 2020. 13 Since this scope was written, the HTS subheading has changed. Subject merchandise is currently classifiable under HTS subheading 2904.91.00 00. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 71315 response in this sunset review, Commerce finds that no domestic interested party has responded to the notice of initiation of this sunset review under 751(c)(3)(A) of the Act. Therefore, consistent with the section 751(c)(3)(A) of the Act and 19 CFR 351.222(i)(1)(i), we are revoking the antidumping duty order on chloropicrin from China.14 Effective Date of Revocation The effective date of revocation is September 22, 2020, the fifth anniversary of the date of publication in the Federal Register of the most recent notice of continuation of this antidumping duty order.15 Pursuant to section 751(c)(3)(A) of the Act, Commerce intends to issue instructions to U.S. Customs and Border Protection 15 days after the publication of this notice to terminate the suspension of liquidation of the merchandise subject to this order entered, or withdrawn from warehouse, on or after September 22, 2020. Entries of subject merchandise prior to the effective date of revocation will continue to be subject to suspension of liquidation and antidumping duty deposit requirements. Commerce will complete any pending administrative reviews of this order and will conduct administrative reviews of subject merchandise entered prior to the effective date of revocation in response to appropriately filed requests for review. This notice of revocation is published in accordance with sections 751(c) and 777(i)(1) of the Act and 19 CFR 351.218(e)(1)(i)(C)(3) and 19 CFR 351.222(i)(1)(i). Dated: November 2, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–24828 Filed 11–6–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–818] Certain Pasta From Italy: Initiation and Preliminary Results of Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) to AGENCY: 14 See 15 See E:\FR\FM\09NON1.SGM 19 CFR 351.218(e)(1)(i)(C)(1). 2015 Continuation Notice. 09NON1 71316 Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Notices determine if Newlat Food S.p.A. (Newlat) is the successor-in-interest to Delverde Industrie Alimentari S.p.A. (Delverde) in the context of the antidumping duty order on certain pasta from Italy. We preliminarily determine that Newlat is not the successor-ininterest to Delverde. DATES: Applicable November 9, 2020. FOR FURTHER INFORMATION CONTACT: John Hoffner, 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) 482–3315. SUPPLEMENTARY INFORMATION: Background On July 14, 1996, Commerce published in the Federal Register an antidumping duty (AD) order on certain pasta from Italy.1 On July 30, 2020, Newlat requested that, pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(b), Commerce initiate and conduct a CCR of the Order to determine if Newlat is the successor-ininterest to Delverde. Newlat also requested that Commerce issue the preliminary results of this CCR in conjunction with the notice of initiation, as permitted under 19 CFR 315.221(c)(3)(ii).2 The domestic industry has filed no comments in response to the request for a CCR. khammond on DSKJM1Z7X2PROD with NOTICES 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 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. 1 See Notice of Antidumping Duty Order and Amended Final Determination of Sales at Less Than Fair Value: Certain Pasta From Italy, 61 FR 38544 (July 24, 1996) (Order); see also Notice of Second Amendment to the Final Determination and Antidumping Duty Order: Certain Pasta From Italy, 61 FR 42231 (August 14, 1996). 2 See Newlat’s Letter, ‘‘Certain Pasta from Italy— Request for Changed Circumstances Review,’’ dated July 30, 2020 (Newlat CCR Request). VerDate Sep<11>2014 16:35 Nov 06, 2020 Jkt 253001 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.3 Pursuant to Commerce’s August 14, 2009, changed circumstances review, effective July 1, 2008, gluten free pasta is also excluded from the scope of the order.4 Effective January 1, 2012, ravioli and tortellini filled with cheese and/or vegetables are also excluded from the scope of the Order.5 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. Initiation of CCR Pursuant to section 751(b)(1)(A) of the Act and 19 CFR 351.216(d), Commerce will conduct a CCR upon receipt of a request from an interested party or receipt of information which shows changed circumstances sufficient to warrant a review of the order. The information provided by Newlat demonstrates changed circumstances sufficient to warrant a review to determine if Newlat is the successor-ininterest to Delverde, in accordance with 19 CFR 351.216(d). Therefore, in accordance with section 751(b)(1)(A) of the Act and 19 CFR 351.216(d), Commerce is initiating a CCR to determine whether Newlat is the successor-in-interest to Delverde for purposes of the Order. Section 351.221(c)(3)(ii) of Commerce’s regulations permits Commerce to combine the notice of initiation and the preliminary results if Commerce concludes that expedited 3 See Memorandum to Richard Moreland, dated August 25, 1997, which is on file in the Central Records Unit. 4 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). 5 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). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 action is warranted.6 In this instance, because the record contains information necessary to make a preliminary finding, we find that expedited action is warranted and have combined the notice of initiation and the notice of preliminary results.7 Methodology In this CCR, pursuant to section 751(b) of the Act, Commerce conducted a successor-in-interest analysis. In making a successor-in-interest determination, Commerce examines several factors, including, but not limited to, changes in the following: (1) Management; (2) production facilities; (3) supplier relationships; and (4) customer base.8 While no single factor or combination of factors will necessarily provide a dispositive indication of succession, generally, Commerce will consider the company to be a successor to the previous company if the new company’s operation is not materially dissimilar to that of its predecessor.9 Thus, if the record evidence demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as the same business entity as the prior company, Commerce may assign the new company the cash deposit rate of its predecessor.10 6 See Initiation and Preliminary Results of Changed Circumstances Reviews: Antidumping Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China and Antidumping Duty Order on Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China; 82 FR 12558 (March 6, 2017) and accompanying Preliminary Decision Memorandum, unchanged in Antidumping Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China and Antidumping Duty Orders on Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China: Final Results of Changed Circumstances Reviews, 82 FR 17797 (April 13, 2017). 7 See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from Italy: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 80 FR 33480, 33480–41 (June 12, 2015)], unchanged in Certain Pasta from Italy: Final Results of Changed Circumstances Review, 80 FR 48807 (August 14, 2015). 8 See, e.g., Ball Bearings and Parts Thereof from France: Final Results of Changed-Circumstances Review, 75 FR 34688 (June 18, 2010), and accompanying Issues and Decision Memorandum at Comment 1. 9 See, e.g., Fresh and Chilled Atlantic Salmon from Norway; Final Results of Changed Circumstances Antidumping Duty Administrative Review, 64 FR 9979, 9980 (March 1, 1999) (Salmon from Norway). 10 See, e.g., Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan: Initiation of Antidumping Duty Changed Circumstances Review, 70 FR 17063, 17064 (April 4, 2005); and Salmon from Norway, 64 FR at 9980. E:\FR\FM\09NON1.SGM 09NON1 Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES Preliminary Results of Changed Circumstances Review We preliminarily determine that Newlat is not the successor-in-interest to Delverde. Record evidence submitted by Newlat indicates that the post-merger entity (i.e., Newlat, which includes Delverde) does not operate as essentially the same business entity as the premerger Delverde with respect to the subject merchandise.11 For the complete successor-in-interest analysis, refer to the accompanying successor-in-interest memorandum.12 Public Comment In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the case briefs, in accordance with 19 CFR 351.309(d). Parties who submit case or rebuttal briefs 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.13 Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 30 days of publication of this notice. Interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a date and time to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Parties are reminded that briefs and hearing requests are to be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System, available to registered users at https:// access.trade.gov and that electronically filed documents must be received successfully in their entirety by 5 p.m. Eastern Time on the due date. Note that 11 See Newlat CCR Request. Memorandum, ‘‘Certain Pasta from Italy: Initiation and Preliminary Results of Changed Circumstances Review,’’ dated concurrently with this notice. 13 See 19 CFR 351.309(c)(2) and (d)(2). 12 See VerDate Sep<11>2014 16:35 Nov 06, 2020 Jkt 253001 Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.14 Consistent with 19 CFR 351.216(e), we will issue the final results of this CCR no later than 270 days after the date on which this review was initiated, or within 45 days of publication of these preliminary results if all parties agree to our preliminary finding. Notification to Interested Parties This notice is published in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216(b), 351.221(b) and 351.221(c)(3). Dated: November 3, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–24835 Filed 11–6–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–863] Forged Steel Fittings From Taiwan: Rescission of Antidumping Duty Administrative Review; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (Commerce) determines that Both-Well Steel Fittings, Co., Ltd. (Bothwell), the sole company under review, did not have any entries during the period of review (POR) May 17, 2018 through August 31, 2019 that are subject to review. Therefore, we are rescinding this administrative review. SUMMARY: DATES: Applicable November 9, 2020. FOR FURTHER INFORMATION CONTACT: George Ayache or Samuel Glickstein, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2623 or (202) 482–5307, respectively. SUPPLEMENTARY INFORMATION: 14 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020) (Temporary Rule); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 41363 (July 10, 2020). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 71317 Background On July 23, 2020, Commerce published its Preliminary Results stating its intent to preliminarily rescind this administrative review in the Federal Register and invited parties to comment.1 For a discussion of events subsequent to the Preliminary Results, see the Issues and Decision Memorandum.2 On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days.3 On July 21, 2020, Commerce tolled all deadlines in administrative reviews by an additional 60 days.4 The deadline for the final results of this review is now January 19, 2021. Scope of the Order The products covered by the scope of this order are carbon and alloy forged steel fittings, whether unfinished (commonly known as blanks or rough forgings) or finished. Such fittings are made in a variety of shapes including, but not limited to, elbows, tees, crosses, laterals, couplings, reducers, caps, plugs, bushings, unions, and outlets. Forged steel fittings are covered regardless of end finish, whether threaded, socket-weld or other end connections. The subject merchandise is currently classifiable under item numbers 7307.99.1000, 7307.99.3000, 7307.99.5045, and 7307.99.5060 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 is dispositive.5 Analysis of the Comments Received The sole issue raised in the case and rebuttal brief submitted in this review is addressed in the Issues and Decision Memorandum. A list of the topics raised is attached as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement 1 See Forged Steel Fittings from Taiwan: Preliminary Intent to Rescind the Antidumping Duty Administrative Review; 2018–2019, 85 FR 44503 (July 23, 2020) (Preliminary Results). 2 See Memorandum, ‘‘Decision Memorandum for the Rescission of the Antidumping Duty Administrative Review of Forged Steel Fittings from Taiwan; 2018–2019,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. 4 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020. 5 For a complete description of the scope of the order, see Issues and Decision Memorandum. E:\FR\FM\09NON1.SGM 09NON1

Agencies

[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Notices]
[Pages 71315-71317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24835]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Initiation and Preliminary Results of 
Changed Circumstances Review

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

SUMMARY: The Department of Commerce (Commerce) is initiating a changed 
circumstances review (CCR) to

[[Page 71316]]

determine if Newlat Food S.p.A. (Newlat) is the successor-in-interest 
to Delverde Industrie Alimentari S.p.A. (Delverde) in the context of 
the antidumping duty order on certain pasta from Italy. We 
preliminarily determine that Newlat is not the successor-in-interest to 
Delverde.

DATES: Applicable November 9, 2020.

FOR FURTHER INFORMATION CONTACT: John Hoffner, 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) 482-3315.

SUPPLEMENTARY INFORMATION:

Background

    On July 14, 1996, Commerce published in the Federal Register an 
antidumping duty (AD) order on certain pasta from Italy.\1\ On July 30, 
2020, Newlat requested that, pursuant to section 751(b) of the Tariff 
Act of 1930, as amended (the Act), and 19 CFR 351.216(b), Commerce 
initiate and conduct a CCR of the Order to determine if Newlat is the 
successor-in-interest to Delverde. Newlat also requested that Commerce 
issue the preliminary results of this CCR in conjunction with the 
notice of initiation, as permitted under 19 CFR 315.221(c)(3)(ii).\2\ 
The domestic industry has filed no comments in response to the request 
for a CCR.
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    \1\ See Notice of Antidumping Duty Order and Amended Final 
Determination of Sales at Less Than Fair Value: Certain Pasta From 
Italy, 61 FR 38544 (July 24, 1996) (Order); see also Notice of 
Second Amendment to the Final Determination and Antidumping Duty 
Order: Certain Pasta From Italy, 61 FR 42231 (August 14, 1996).
    \2\ See Newlat's Letter, ``Certain Pasta from Italy--Request for 
Changed Circumstances Review,'' dated July 30, 2020 (Newlat CCR 
Request).
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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 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.\3\ Pursuant to Commerce's August 14, 2009, 
changed circumstances review, effective July 1, 2008, gluten free pasta 
is also excluded from the scope of the order.\4\ Effective January 1, 
2012, ravioli and tortellini filled with cheese and/or vegetables are 
also excluded from the scope of the Order.\5\
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    \3\ See Memorandum to Richard Moreland, dated August 25, 1997, 
which is on file in the Central Records Unit.
    \4\ 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).
    \5\ 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).
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    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.

Initiation of CCR

    Pursuant to section 751(b)(1)(A) of the Act and 19 CFR 351.216(d), 
Commerce will conduct a CCR upon receipt of a request from an 
interested party or receipt of information which shows changed 
circumstances sufficient to warrant a review of the order. The 
information provided by Newlat demonstrates changed circumstances 
sufficient to warrant a review to determine if Newlat is the successor-
in-interest to Delverde, in accordance with 19 CFR 351.216(d). 
Therefore, in accordance with section 751(b)(1)(A) of the Act and 19 
CFR 351.216(d), Commerce is initiating a CCR to determine whether 
Newlat is the successor-in-interest to Delverde for purposes of the 
Order.
    Section 351.221(c)(3)(ii) of Commerce's regulations permits 
Commerce to combine the notice of initiation and the preliminary 
results if Commerce concludes that expedited action is warranted.\6\ In 
this instance, because the record contains information necessary to 
make a preliminary finding, we find that expedited action is warranted 
and have combined the notice of initiation and the notice of 
preliminary results.\7\
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    \6\ See Initiation and Preliminary Results of Changed 
Circumstances Reviews: Antidumping Duty Orders on Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, 
from the People's Republic of China and Antidumping Duty Order on 
Certain Crystalline Silicon Photovoltaic Products from the People's 
Republic of China; 82 FR 12558 (March 6, 2017) and accompanying 
Preliminary Decision Memorandum, unchanged in Antidumping Duty 
Orders on Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China and 
Antidumping Duty Orders on Certain Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: Final Results of 
Changed Circumstances Reviews, 82 FR 17797 (April 13, 2017).
    \7\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from 
Italy: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 
2015)], unchanged in Certain Pasta from Italy: Final Results of 
Changed Circumstances Review, 80 FR 48807 (August 14, 2015).
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Methodology

    In this CCR, pursuant to section 751(b) of the Act, Commerce 
conducted a successor-in-interest analysis. In making a successor-in-
interest determination, Commerce examines several factors, including, 
but not limited to, changes in the following: (1) Management; (2) 
production facilities; (3) supplier relationships; and (4) customer 
base.\8\ While no single factor or combination of factors will 
necessarily provide a dispositive indication of succession, generally, 
Commerce will consider the company to be a successor to the previous 
company if the new company's operation is not materially dissimilar to 
that of its predecessor.\9\ Thus, if the record evidence demonstrates 
that, with respect to the production and sale of the subject 
merchandise, the new company operates as the same business entity as 
the prior company, Commerce may assign the new company the cash deposit 
rate of its predecessor.\10\
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    \8\ See, e.g., Ball Bearings and Parts Thereof from France: 
Final Results of Changed-Circumstances Review, 75 FR 34688 (June 18, 
2010), and accompanying Issues and Decision Memorandum at Comment 1.
    \9\ See, e.g., Fresh and Chilled Atlantic Salmon from Norway; 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979, 9980 (March 1, 1999) (Salmon from 
Norway).
    \10\ See, e.g., Certain Circular Welded Carbon Steel Pipes and 
Tubes from Taiwan: Initiation of Antidumping Duty Changed 
Circumstances Review, 70 FR 17063, 17064 (April 4, 2005); and Salmon 
from Norway, 64 FR at 9980.

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[[Page 71317]]

Preliminary Results of Changed Circumstances Review

    We preliminarily determine that Newlat is not the successor-in-
interest to Delverde. Record evidence submitted by Newlat indicates 
that the post-merger entity (i.e., Newlat, which includes Delverde) 
does not operate as essentially the same business entity as the pre-
merger Delverde with respect to the subject merchandise.\11\ For the 
complete successor-in-interest analysis, refer to the accompanying 
successor-in-interest memorandum.\12\
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    \11\ See Newlat CCR Request.
    \12\ See Memorandum, ``Certain Pasta from Italy: Initiation and 
Preliminary Results of Changed Circumstances Review,'' dated 
concurrently with this notice.
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Public Comment

    In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may 
submit case briefs not later than 30 days after the date of publication 
of this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than seven days after the case briefs, in 
accordance with 19 CFR 351.309(d). Parties who submit case or rebuttal 
briefs 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.\13\
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    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of publication of this notice. Interested 
parties who wish to request a hearing, limited to issues raised in the 
case and rebuttal briefs, must submit a written request to the 
Assistant Secretary for Enforcement and Compliance, U.S. Department of 
Commerce, within 30 days after the date of publication of this notice. 
Requests should contain the party's name, address, and telephone 
number, the number of participants, whether any participant is a 
foreign national, and a list of the issues to be discussed. If a 
request for a hearing is made, Commerce intends to hold the hearing at 
a date and time to be determined. Parties should confirm by telephone 
the date, time, and location of the hearing two days before the 
scheduled date. Parties are reminded that briefs and hearing requests 
are to be filed electronically using Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System, available to registered users at https://access.trade.gov and 
that electronically filed documents must be received successfully in 
their entirety by 5 p.m. Eastern Time on the due date. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\14\
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    \14\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020) (Temporary Rule); and 
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19, 85 FR 41363 (July 10, 2020).
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    Consistent with 19 CFR 351.216(e), we will issue the final results 
of this CCR no later than 270 days after the date on which this review 
was initiated, or within 45 days of publication of these preliminary 
results if all parties agree to our preliminary finding.

Notification to Interested Parties

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

    Dated: November 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-24835 Filed 11-6-20; 8:45 am]
BILLING CODE 3510-DS-P