Certain Pasta From Italy: Initiation and Preliminary Results of Changed Circumstances Review, 71315-71317 [2020-24835]
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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
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16:35 Nov 06, 2020
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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.
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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.
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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.
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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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).
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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
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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
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16:35 Nov 06, 2020
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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).
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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
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]]>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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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
