80 FR 33480 - Certain Pasta From Italy: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 113 (June 12, 2015)

Page Range		33480-33481
FR Document		2015-14450

In response to a request from P.A.P. S.R.L. (PAP SRL), a producer/exporter of certain pasta from Italy, and pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), 19 CFR 351.216 and 351.22l(c)(3)(ii), the Department of Commerce (the Department) is initiating a changed circumstances review (CCR) of the antidumping duty (AD) order on certain pasta from Italy with regard to PAP SRL. Based on the information received, we preliminarily determine that PAP SRL is the successor-in-interest to P.A.P. SNC Di Pazienza G. B. & C (PAP SNC) for purposes of determining AD liability. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 80 Issue 113 (Friday, June 12, 2015)

[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Notices]
[Pages 33480-33481]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14450]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


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

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

SUMMARY: In response to a request from P.A.P. S.R.L. (PAP SRL), a 
producer/exporter of certain pasta from Italy, and pursuant to section 
751(b) of the Tariff Act of 1930, as amended (the Act), 19 CFR 351.216 
and 351.22l(c)(3)(ii), the Department of Commerce (the Department) is 
initiating a changed circumstances review (CCR) of the antidumping duty 
(AD) order on certain pasta from Italy with regard to PAP SRL. Based on 
the information received, we preliminarily determine that PAP SRL is 
the successor-in-interest to P.A.P. SNC Di Pazienza G. B. & C (PAP SNC) 
for purposes of determining AD liability. Interested parties are 
invited to comment on these preliminary results.

DATES: Effective Date: June 12, 2015.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3797.

SUPPLEMENTARY INFORMATION:

Background

    On July 24, 1996, the Department published in the Federal Register 
the AD duty order on certain pasta from Italy.\1\ On April 22, 2015, 
PAP SRL requested that the Department conduct a CCR under section 
751(b)(1) of the Act and 19 CFR 351.216 (b) to determine that it is the 
successor-in-interest to PAP SNC,\2\ and assign it the cash deposit 
rate of its predecessor, PAP SNC. PAP SRL based its request on the 
claim that it operates as the same business entity as PAP SNC.\3\
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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 38547 (July 24, 1996) (Pasta Italy Order).
    \2\ See PAP SRL's request for Changed-Circumstances Review dated 
April 22, 2015 (CCR Request).
    \3\ Id., at 2-4.
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    We received no comments from interested parties.

Scope of the Order

    Imports covered by the order are shipments of certain non-egg dry 
pasta. The merchandise subject to review 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.\4\
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    \4\ For a full description of the scope of the order, see the 
memorandum titled ``Initiation and Preliminary Results of Changed 
Circumstances Review: Certain Pasta from Italy'' from Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary 
for Enforcement and Compliance, dated concurrently with this notice 
(Preliminary Decision Memorandum).
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Initiation and Issuance of Preliminary Results of Changed Circumstances 
Review

    Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), the 
Department will conduct a CCR upon receipt of a request from an 
interested party or receipt of information concerning an AD order which 
shows changed circumstances sufficient to warrant a review of the 
order.
    As noted above in the ``Background'' section, we received 
information indicating that in January 2015, PAP SNC's legal form was 
changed from a Societ[agrave] in nome collettivo, or SNC, which is a 
form of partnership, to a Societ[agrave] a responsabilit[agrave] 
limitata, or SRL, which is a form of limited-liability corporation. The 
Department determines that the information submitted by PAP SRL 
constitutes sufficient evidence to warrant a CCR of this order.\5\ 
Therefore, in accordance with section 751(b)(1) of the Act and 19 CFR 
351.216(d), we are initiating a CCR based upon the information 
contained in PAP SRL's submission.\6\
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    \5\ See 19 CFR 351.216(d).
    \6\ See, generally, CCR Request.
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    19 CFR 351.221(c)(3)(ii) permits the Department to combine the 
notice of initiation of a CCR and the notice of preliminary results if 
the Department concludes that expedited action is warranted. In this 
instance, because we have the information necessary on the record to 
make a preliminary finding, we find that expedited action is warranted, 
and are combining the notice of initiation and the notice of 
preliminary results in accordance with 19 CFR 351.221(c)(3)(ii).\7\
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    \7\ See, e.g., Polyethylene Terephthalate Film, Sheet, and Strip 
From the Republic of Korea: Initiation and Preliminary Results of 
Antidumping Duty Changed Circumstances Review, 76 FR 27005 (May 10, 
2011) (PET Film from Korea); Ball Bearings and Parts Thereof from 
Japan: Initiation and Preliminary Results of Changed-Circumstances 
Review, 71 FR 14679 (March 23, 2006); Fresh and Chilled Atlantic 
Salmon from Norway; Initiation and Preliminary Results of Changed 
Circumstances Antidumping Duty Administrative Review, 63 FR 50880 
(September 23, 1998).

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[[Page 33481]]

Methodology

    In making a successor-in-interest determination, the Department 
examines several factors, including but not limited to, changes in: (1) 
Management; (2) production facilities; (3) supplier relationships; and 
(4) customer base.\8\ While no single factor or combination of these 
factors will necessarily provide a dispositive indication of a 
successor-in-interest relationship, the Department will generally 
consider the new company to be the successor to the previous company if 
the new company's resulting operation is essentially similar to that of 
its predecessor.\9\ Thus, if the 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 former predecessor 
company, the Department will afford the new company the same AD 
treatment as its predecessor, i.e., will assign the new company the 
same cash deposit rate of its predecessor.\10\
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    \8\ See, e.g., Pressure Sensitive Plastic Tape from Italy: 
Preliminary Results of Antidumping Duty Changed Circumstances 
Review, 75 FR 8925 (February 26, 2010), unchanged in Pressure 
Sensitive Plastic Tape From Italy: Final Results of Antidumping Duty 
Changed Circumstances Review, 75 FR 27706 (May 18, 2010); Brake 
Rotors From the People's Republic of China: Final Results of Changed 
Circumstances Antidumping Duty Administrative Review, 70 FR 69941 
(November 18, 2005), citing Brass Sheet and Strip from Canada: Final 
Results of Antidumping Duty Administrative Review, 57 FR 20460 (May 
13, 1992); and Structural Steel Beams from Korea: Preliminary 
Results of Changed Circumstances Antidumping Duty Administrative 
Review, 66 FR 15834 (March 21, 2001).
    \9\ See, e.g., PET Film from Korea, 76 FR at 27006; Industrial 
Phosphoric Acid from Israel: Final Results of Antidumping Duty 
Changed Circumstances Review, 59 FR 6944, 6945 (February 14, 1994); 
Brass Sheet and Strip from Canada: Final Results of Antidumping Duty 
Administrative Review, 57 FR 20460 (May 13, 1992) at Comments 1 and 
2; and Certain Lined Paper Products From India: Notice of Final 
Results of Antidumping Duty Changed Circumstances Review, 80 FR 
183873 (April 6, 2015).
    \10\ See Fresh and Chilled Atlantic Salmon From Norway; Final 
Results of Changed Circumstances Antidumping Duty Administrative 
Review, 64 FR 9979, 9980 (March 1, 1999).
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    For a full description of the methodology underlying our 
conclusions, see Preliminary Decision Memorandum.\11\ The Preliminary 
Decision Memorandum 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 
http://access.trade.gov and it is available to all parties in the 
Central Records Unit, Room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.
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    \11\ See Preliminary Decision Memorandum.
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Preliminary Results of the Changed Circumstances Review

    Based on the evidence reviewed, we preliminarily determine that PAP 
SRL is the successor-in-interest to PAP SNC. Specifically, we find that 
the change of the company's legal form from SNC to SRL resulted in no 
significant changes to management, production facilities, supplier 
relationships, and customers with respect to the production and sale of 
the subject merchandise. Thus, PAP SRL operates essentially as the same 
business entity as PAP SNC with respect to the subject merchandise.
    If the Department adopts these preliminary results in the final 
results, PAP SRL will be assigned the AD cash deposit rate currently 
assigned to PAP SNC with respect to the subject merchandise (i.e., zero 
percent ad valorem),\12\ we will instruct Customs and Border Protection 
(CBP) to suspend liquidation of entries of certain pasta from Italy 
made by PAP SRL, effective on the publication date of the final 
results, at the cash deposit rate that is currently assigned to PAP 
SNC.\13\
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    \12\ See Notice of Implementation of Determination Under Section 
129 of the Uruguay Round Agreements Act: Stainless Steel Plate in 
Coils from Belgium, Steel Concrete Reinforcing Bars from Latvia, 
Purified Carboxymethylcellulose from Finland, Certain Pasta from 
Italy, Purified Carboxymethylcellulose from the Netherlands, 
Stainless Steel Wire Rod from Spain, Granular 
Polytetrafluoroethylene Resin from Italy, and Stainless Steel Sheet 
and Strip in Coils from Japan, 77 FR 36257 (June 18, 2012).
    \13\ See Certain Lined Paper Products from India: Final Results 
of Antidumping Duty Administrative Review; 2010-2011, 78 FR 22232 
(April 15, 2013).
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Public Comment

    Interested parties may submit case briefs and/or written comments 
not later than 30 days after the date of publication of this 
notice.\14\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than five days after the deadline for 
filing case briefs.\15\ 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. 
All comments are to be filed electronically using ACCESS, and must also 
be served on interested parties.\16\ An electronically filed document 
must be received successfully in its entirety by ACCESS by 5:00 p.m. 
Eastern Standard Time on the day it is due.\17\
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    \14\ See 19 CFR 351.309(c)(2).
    \15\ See 19 CFR 351.309(d).
    \16\ See 19 CFR 351.303(b) and (f).
    \17\ See 19 CFR 351.303(b).
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    Interested parties that 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, within 30 days after the date of publication 
of this notice.\18\ Requests should contain the party's name, address, 
and telephone number, the number of participants, and a list of the 
issues to be discussed. Oral presentations will be limited to issues 
raised in the briefs. If a request for a hearing is made, we will 
inform parties of the scheduled date for the hearing which will be held 
at the U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW., Washington, DC 20230, at a time and location to be determined.\19\ 
Parties should confirm by telephone the date, time, and location of the 
hearing.
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    \18\ See 19 CFR 351.310(c).
    \19\ See 19 CFR 351.310.
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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 if all parties agree to our 
preliminary finding.
    We are issuing and publishing this finding and notice in accordance 
with sections 751(b)(l) and 777(i)(l) of the Act and 19 CFR 351.216 and 
351.221(c)(3)(ii).

    Dated: June 5, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Decision Memorandum for Initiation and 
Preliminary Results of Changed Circumstances Review: Certain Pasta From 
Italy

I. Summary
II. Background
III. Scope of the Order
IV. Initiation and Preliminary Results of Changed Circumstances 
Review
V. Discussion of Methodology
VI. Analysis
    A. Management
    B. Production Facilities
    C. Supplier Relationship
    D. Customer Base

[FR Doc. 2015-14450 Filed 6-11-15; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Notices 33481

Methodology at http://access.trade.gov and it is All comments are to be filed
In making a successor-in-interest available to all parties in the Central electronically using ACCESS, and must
determination, the Department Records Unit, Room 7046 of the main also be served on interested parties.16
examines several factors, including but Department of Commerce building. In An electronically filed document must
not limited to, changes in: (1) addition, a complete version of the be received successfully in its entirety
Management; (2) production facilities; Preliminary Decision Memorandum can by ACCESS by 5:00 p.m. Eastern
(3) supplier relationships; and (4) be accessed directly on the Internet at Standard Time on the day it is due.17
customer base.8 While no single factor http://enforcement.trade.gov/frn/. The Interested parties that wish to request
or combination of these factors will signed Preliminary Decision a hearing, or to participate if one is
necessarily provide a dispositive Memorandum and the electronic requested, must submit a written
indication of a successor-in-interest versions of the Preliminary Decision request to the Assistant Secretary for
relationship, the Department will Memorandum are identical in content. Enforcement and Compliance, filed
generally consider the new company to Preliminary Results of the Changed electronically via ACCESS, within 30
be the successor to the previous Circumstances Review days after the date of publication of this
company if the new company’s resulting notice.18 Requests should contain the
Based on the evidence reviewed, we
operation is essentially similar to that of party’s name, address, and telephone
preliminarily determine that PAP SRL is
its predecessor.9 Thus, if the evidence number, the number of participants, and
the successor-in-interest to PAP SNC.
demonstrates that, with respect to the a list of the issues to be discussed. Oral
Specifically, we find that the change of
production and sale of the subject presentations will be limited to issues
the company’s legal form from SNC to
merchandise, the new company raised in the briefs. If a request for a
SRL resulted in no significant changes
operates as the same business entity as hearing is made, we will inform parties
to management, production facilities,
the former predecessor company, the of the scheduled date for the hearing
supplier relationships, and customers
Department will afford the new which will be held at the U.S.
with respect to the production and sale
company the same AD treatment as its Department of Commerce, 14th Street
of the subject merchandise. Thus, PAP
predecessor, i.e., will assign the new SRL operates essentially as the same and Constitution Avenue NW.,
company the same cash deposit rate of business entity as PAP SNC with respect Washington, DC 20230, at a time and
its predecessor.10 to the subject merchandise. location to be determined.19 Parties
For a full description of the If the Department adopts these should confirm by telephone the date,
methodology underlying our preliminary results in the final results, time, and location of the hearing.
conclusions, see Preliminary Decision PAP SRL will be assigned the AD cash Consistent with 19 CFR 351.216(e),
Memorandum.11 The Preliminary deposit rate currently assigned to PAP we will issue the final results of this
Decision Memorandum is on file SNC with respect to the subject CCR no later than 270 days after the
electronically via Enforcement and merchandise (i.e., zero percent ad date on which this review was initiated,
Compliance’s Antidumping and valorem),12 we will instruct Customs or within 45 days if all parties agree to
Countervailing Duty Centralized and Border Protection (CBP) to suspend our preliminary finding.
Electronic Service System (ACCESS). liquidation of entries of certain pasta
ACCESS is available to registered users We are issuing and publishing this
from Italy made by PAP SRL, effective
finding and notice in accordance with
on the publication date of the final
Chilled Atlantic Salmon from Norway; Initiation sections 751(b)(l) and 777(i)(l) of the Act
results, at the cash deposit rate that is
and Preliminary Results of Changed Circumstances and 19 CFR 351.216 and
Antidumping Duty Administrative Review, 63 FR currently assigned to PAP SNC.13
351.221(c)(3)(ii).
50880 (September 23, 1998).
8 See, e.g., Pressure Sensitive Plastic Tape from
Public Comment Dated: June 5, 2015.
Italy: Preliminary Results of Antidumping Duty Interested parties may submit case Ronald K. Lorentzen,
Changed Circumstances Review, 75 FR 8925 briefs and/or written comments not later
(February 26, 2010), unchanged in Pressure Acting Assistant Secretary for Enforcement
Sensitive Plastic Tape From Italy: Final Results of
than 30 days after the date of and Compliance.
Antidumping Duty Changed Circumstances Review, publication of this notice.14 Rebuttal
75 FR 27706 (May 18, 2010); Brake Rotors From the briefs, limited to issues raised in the Appendix
People’s Republic of China: Final Results of case briefs, may be filed no later than List of Topics Discussed in the Decision
Changed Circumstances Antidumping Duty
Administrative Review, 70 FR 69941 (November 18,
five days after the deadline for filing Memorandum for Initiation and Preliminary
2005), citing Brass Sheet and Strip from Canada: case briefs.15 Parties who submit case or Results of Changed Circumstances Review:
Final Results of Antidumping Duty Administrative rebuttal briefs are encouraged to submit Certain Pasta From Italy
Review, 57 FR 20460 (May 13, 1992); and Structural with each argument: (1) A statement of I. Summary
Steel Beams from Korea: Preliminary Results of
Changed Circumstances Antidumping Duty
the issue; (2) a brief summary of the II. Background
Administrative Review, 66 FR 15834 (March 21, argument; and (3) a table of authorities. III. Scope of the Order
2001). IV. Initiation and Preliminary Results of
9 See, e.g., PET Film from Korea, 76 FR at 27006; 12 See Notice of Implementation of Determination Changed Circumstances Review
Industrial Phosphoric Acid from Israel: Final Under Section 129 of the Uruguay Round V. Discussion of Methodology
Results of Antidumping Duty Changed Agreements Act: Stainless Steel Plate in Coils from VI. Analysis
Circumstances Review, 59 FR 6944, 6945 (February Belgium, Steel Concrete Reinforcing Bars from A. Management
14, 1994); Brass Sheet and Strip from Canada: Final Latvia, Purified Carboxymethylcellulose from B. Production Facilities
Results of Antidumping Duty Administrative Finland, Certain Pasta from Italy, Purified C. Supplier Relationship
Review, 57 FR 20460 (May 13, 1992) at Comments Carboxymethylcellulose from the Netherlands,
mstockstill on DSK4VPTVN1PROD with NOTICES

D. Customer Base
1 and 2; and Certain Lined Paper Products From Stainless Steel Wire Rod from Spain, Granular
India: Notice of Final Results of Antidumping Duty Polytetrafluoroethylene Resin from Italy, and [FR Doc. 2015–14450 Filed 6–11–15; 8:45 am]
Changed Circumstances Review, 80 FR 183873 Stainless Steel Sheet and Strip in Coils from Japan, BILLING CODE 3510–DS–P
(April 6, 2015). 77 FR 36257 (June 18, 2012).
10 See Fresh and Chilled Atlantic Salmon From 13 See Certain Lined Paper Products from India:
16 See 19 CFR 351.303(b) and (f).
Norway; Final Results of Changed Circumstances Final Results of Antidumping Duty Administrative
Antidumping Duty Administrative Review, 64 FR Review; 2010–2011, 78 FR 22232 (April 15, 2013). 17 See 19 CFR 351.303(b).
9979, 9980 (March 1, 1999). 14 See 19 CFR 351.309(c)(2). 18 See 19 CFR 351.310(c).
11 See Preliminary Decision Memorandum. 15 See 19 CFR 351.309(d). 19 See 19 CFR 351.310.

VerDate Sep<11>2014 19:05 Jun 11, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4703 Sfmt 9990 E:\FR\FM\12JNN1.SGM 12JNN1

Document Created: 2018-02-22 10:16:07
Document Modified: 2018-02-22 10:16:07

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Effective Date: June 12, 2015.
Contact		Cindy Robinson, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3797.
FR Citation		80 FR 33480

80 FR 33480 - Certain Pasta From Italy: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 80, Issue 113 (June 12, 2015)

DEPARTMENT OF COMMERCE
International Trade Administration