81 FR 62864 - Certain Pasta From Italy: Notice of Initiation of Antidumping Duty Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 177 (September 13, 2016)

Page Range		62864-62865
FR Document		2016-22007

The Department of Commerce (Department) is initiating a changed circumstances review of the antidumping duty order on certain pasta from Italy (pasta) with respect to Tamma Industrie Alimentari di Capitanata, S.r.L. (Tamma).

Federal Register, Volume 81 Issue 177 (Tuesday, September 13, 2016)

[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Notices]
[Pages 62864-62865]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22007]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Notice of Initiation of Antidumping 
Duty Changed Circumstances Review

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

SUMMARY: The Department of Commerce (Department) is initiating a 
changed circumstances review of the antidumping duty order on certain 
pasta from Italy (pasta) with respect to Tamma Industrie Alimentari di 
Capitanata, S.r.L. (Tamma).

DATES: Effective September 13, 2016.

FOR FURTHER INFORMATION CONTACT: Joy Zhang, 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) 482-1168.

Background

    On July 24, 1996, the Department published in the Federal Register 
the antidumping duty order on pasta from Italy, which included Delverde 
S.p.A. and its affiliate Tamma (collectively, Delverde).\1\ Pursuant to 
a decision by the Court of International Trade, on remand, the 
Department determined that Delverde had a de minimis dumping margin and 
should be excluded from the order.\2\
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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) (AD Order).
    \2\ See Notice of Amendment of Final Determination of Sales at 
Less Than Fair Value Pursuant to Court Decision and Revocation in 
Part: Certain Pasta from Italy, 66 FR 65889 (December 21, 2001).
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    In 2014, the Department conducted a changed circumstances review of 
Delverde S.p.A and found that Delverde Industrie Alimentari S.p.A. 
(Delverde) was not a successor-in-interest to Delverde S.p.A. based on 
aspects of the bankruptcy of Delverde S.p.A., changes in management, 
changes in supplier relationships, and changes in production 
facilities.\3\ Thus, the Department found that Delverde was not 
entitled to the defunct entity's antidumping exclusion from the AD 
Order.\4\
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    \3\ See Certain Pasta from Italy: Notice of Preliminary Results 
of Antidumping Duty Changed Circumstances Review, 79 FR 28481 (May 
16, 2014); unchanged in Certain Pasta from Italy: Notice of Final 
Results of Antidumping Duty Changed Circumstances Review, 79 FR 
76339 (September 19, 2014) and accompanying Issues and Decision 
Memorandum (Delverde CCR).
    \4\ See Delverde CCR.
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    On July 29, 2016, American Italian Pasta Company, Dakota Growers 
Pasta Company, and New World Pasta Company (Petitioners) filed a 
request for the Department to initiate a changed circumstances review 
of Tamma to determine whether Tamma is the successor-in-interest to the 
same company that was excluded from the AD Order.\5\
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    \5\ See Petitioners' letter titled, ``Request for 2015-2016 
Administrative Reviews of the Antidumping Duty Order on Certain 
Pasta from Italy,'' dated July 29, 2016. This letter requests an 
administrative review and changed circumstances review of Tamma. On 
August 11, 2016, Petitioners refiled this review request to clarify 
the specific company names requested for review.
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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 this scope

[[Page 62865]]

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 all forms of egg pasta, with the exception of 
non-egg dry pasta containing up to two percent egg white. Also excluded 
are imports of organic pasta from Italy that are certified by a 
European Union (EU) authorized body and accompanied by a National 
Organic Program import certificate for organic products. Effective July 
1, 2008, gluten free pasta is also excluded from this order.
    The merchandise subject to this order is currently classifiable 
under items 1902.19.20 and 1901.90.9095 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 AD Order is dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act) and 19 CFR 351.216(d), the Department will conduct a changed 
circumstances review upon receipt of information concerning, or a 
request from an interested party for a review of, an antidumping duty 
order which shows changed circumstances sufficient to warrant a review 
of the order. In antidumping duty changed circumstances reviews 
involving a successor-in-interest determination, the Department 
typically examines several factors including, but not limited to: (1) 
Management; (2) production facilities; (3) supplier relationships; and 
(4) customer base.\6\
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    \6\ See Brass Sheet and Strip from Canada: Final Results of 
Antidumping Duty Administrative Review, 57 FR 20460, 20462 (May 13, 
1992) and Certain Cut-to-Length Carbon Steel Plate from Romania: 
Initiation and Preliminary Results of Changed Circumstances 
Antidumping Duty Administrative Review, 70 FR 22847 (May 3, 2005), 
unchanged in Notice of Final Results of Antidumping Duty Changed 
Circumstances Review: Certain Cut-to-Length Carbon Steel Plate from 
Romania, 70 FR 35624 (June 21, 2005).
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    Based on the information Petitioners submitted in their July 29, 
2016, letter, we find that we have received information which shows 
changed circumstances sufficient to warrant initiation of such a review 
in order to determine whether Tamma is the successor-in-interest to the 
company excluded from the AD Order that was previously affiliated with 
the now defunct Delverde S.p.A.\7\ Therefore, in accordance with the 
above-referenced statute and regulation, the Department is initiating a 
changed circumstances review.
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    \7\ See 19 CFR 351.216(d).
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    We intend to issue the final results of the changed circumstances 
review within 270 days from the date of initiation of this changed 
circumstance review, or within 45 days if all parties to the proceeding 
agree to the outcome of the review.\8\ During the course of this 
review, we will not change the cash deposit requirements for the 
subject merchandise. The cash deposit rate will be changed, if 
warranted, pursuant only to the final results of the changed 
circumstances review.
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    \8\ See 19 CFR 351.216(e).
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    This notice of initiation is in accordance with section 751(b)(1) 
of the Act and 19 CFR 351.221(b)(1).

    Dated: September 7, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-22007 Filed 9-12-16; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices 62865

is typically sold in the retail market, in accordance with the above-referenced Background
fiberboard or cardboard cartons, or statute and regulation, the Department In accordance with sections 735(d)
polyethylene or polypropylene bags of is initiating a changed circumstances and 777(i)(1) of the Tariff Act of 1930,
varying dimensions. review. as amended (the Act), and 19 CFR
Excluded from the scope of this order We intend to issue the final results of 351.210(c), on July 21, 2016, the
are refrigerated, frozen, or canned the changed circumstances review Department published its affirmative
pastas, as well all forms of egg pasta, within 270 days from the date of final determinations in the less-than-
with the exception of non-egg dry pasta initiation of this changed circumstance fair-value (LTFV) investigations of
containing up to two percent egg white. review, or within 45 days if all parties heavy walled rectangular welded carbon
Also excluded are imports of organic to the proceeding agree to the outcome steel pipes and tubes from Korea,
pasta from Italy that are certified by a of the review.8 During the course of this Mexico, and Turkey.1 On September 6,
European Union (EU) authorized body review, we will not change the cash 2016, the ITC notified the Department of
and accompanied by a National Organic deposit requirements for the subject its affirmative determinations that an
Program import certificate for organic merchandise. The cash deposit rate will industry in the United States is
products. Effective July 1, 2008, gluten be changed, if warranted, pursuant only materially injured within the meaning
free pasta is also excluded from this to the final results of the changed of section 735(b)(1)(A)(i) of the Act, by
order. circumstances review. reason of the LTFV imports of heavy
The merchandise subject to this order This notice of initiation is in walled rectangular welded carbon steel
is currently classifiable under items accordance with section 751(b)(1) of the pipes and tubes from Korea, Mexico,
1902.19.20 and 1901.90.9095 of the Act and 19 CFR 351.221(b)(1). and Turkey.2
Harmonized Tariff Schedule of the
United States (HTSUS). Although the Dated: September 7, 2016. Scope of the Orders
HTSUS subheadings are provided for Christian Marsh,
The merchandise covered by these
convenience and customs purposes, the Deputy Assistant Secretary for Antidumping
orders is certain heavy walled
written description of the merchandise and Countervailing Duty Operations.
rectangular welded steel pipes and
subject to the AD Order is dispositive. [FR Doc. 2016–22007 Filed 9–12–16; 8:45 am]
tubes of rectangular (including square)
BILLING CODE 3510–DS–P
Initiation of Changed Circumstances cross section, having a nominal wall
Review thickness of not less than 4 mm. The
merchandise includes, but is not limited
Pursuant to section 751(b)(1) of the DEPARTMENT OF COMMERCE
to, the American Society for Testing and
Tariff Act of 1930, as amended (the Act)
International Trade Administration Materials (ASTM) A–500, grade B
and 19 CFR 351.216(d), the Department
specifications, or comparable domestic
will conduct a changed circumstances [A–580–880, A–201–847, A–489–824] or foreign specifications.
review upon receipt of information Included products are those in which:
concerning, or a request from an Heavy Walled Rectangular Welded (1) Iron predominates, by weight, over
interested party for a review of, an Carbon Steel Pipes and Tubes From each of the other contained elements; (2)
antidumping duty order which shows the Republic of Korea, Mexico, and the the carbon content is 2 percent or less,
changed circumstances sufficient to Republic of Turkey: Antidumping Duty by weight; and (3) none of the elements
warrant a review of the order. In Orders below exceeds the quantity, by weight,
antidumping duty changed respectively indicated:
circumstances reviews involving a AGENCY: Enforcement and Compliance,
successor-in-interest determination, the International Trade Administration, • 2.50 percent of manganese, or
Department of Commerce. • 3.30 percent of silicon, or
Department typically examines several • 1.50 percent of copper, or
factors including, but not limited to: (1) SUMMARY: Based on affirmative final • 1.50 percent of aluminum, or
Management; (2) production facilities; determinations by the Department of • 1.25 percent of chromium, or
(3) supplier relationships; and (4) Commerce (the Department) and the • 0.30 percent of cobalt, or
customer base.6 International Trade Commission (the • 0.40 percent of lead, or
Based on the information Petitioners ITC), the Department is issuing • 2.0 percent of nickel, or
submitted in their July 29, 2016, letter, antidumping duty orders on heavy • 0.30 percent of tungsten, or
we find that we have received walled rectangular welded carbon steel • 0.80 percent of molybdenum, or
• 0.10 percent of niobium (also called
information which shows changed pipes and tubes from the Republic of columbium), or
circumstances sufficient to warrant Korea (Korea), Mexico, and the Republic • 0.30 percent of vanadium, or
initiation of such a review in order to of Turkey (Turkey). • 0.30 percent of zirconium.
determine whether Tamma is the DATES: Effective September 13, 2016.
successor-in-interest to the company 1 See Heavy Walled Rectangular Welded Carbon
FOR FURTHER INFORMATION CONTACT:
excluded from the AD Order that was Steel Pipes and Tubes From The Republic of Korea:
Alice Maldonado (Korea), David Crespo Final Determination of Sales Less Than Fair Value,
previously affiliated with the now
(Mexico), or Ross Belliveau (Turkey), 81 FR 47347 (July 21, 2016) (Korea Final
defunct Delverde S.p.A.7 Therefore, in
AD/CVD Operations, Office II, Determination), Heavy Walled Rectangular Welded
Enforcement and Compliance, Carbon Steel Pipes and Tubes From Mexico: Final
6 See Brass Sheet and Strip from Canada: Final Determination of Sales Less Than Fair Value, 81 FR
Results of Antidumping Duty Administrative International Trade Administration, 47352 (July 21, 2016) (Mexico Final Determination),
Review, 57 FR 20460, 20462 (May 13, 1992) and U.S. Department of Commerce, 1401 and Heavy Walled Rectangular Welded Carbon
Certain Cut-to-Length Carbon Steel Plate from Constitution Avenue NW., Washington, Steel Pipes and Tubes From The Republic of
Lhorne on DSK30JT082PROD with NOTICES

Romania: Initiation and Preliminary Results of DC 20230; telephone: (202) 482–4682, Turkey: Final Determination of Sales Less Than
Changed Circumstances Antidumping Duty Fair Value, 81 FR 47355 (July 21, 2016) (Turkey
Administrative Review, 70 FR 22847 (May 3, 2005), (202) 482–3693, and, (202) 482–4952 Final Determination).
unchanged in Notice of Final Results of respectively. 2 See ITC Notification Letter to the Deputy
Antidumping Duty Changed Circumstances Review: Assistant Secretary for Enforcement and
Certain Cut-to-Length Carbon Steel Plate from SUPPLEMENTARY INFORMATION: Compliance, referencing ITC Investigation Nos.
Romania, 70 FR 35624 (June 21, 2005). 701–TA–539 and 731–TA–1280–1282 (September 6,
7 See 19 CFR 351.216(d). 8 See 19 CFR 351.216(e). 2016) (ITC Notification).

VerDate Sep<11>2014 15:27 Sep 12, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\13SEN1.SGM 13SEN1

Document Created: 2018-02-09 13:16:35
Document Modified: 2018-02-09 13:16:35

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 September 13, 2016.
Contact		Joy Zhang, 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) 482-1168.
FR Citation		81 FR 62864

81 FR 62864 - Certain Pasta From Italy: Notice of Initiation of Antidumping Duty Changed Circumstances Review

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 81, Issue 177 (September 13, 2016)

DEPARTMENT OF COMMERCE
International Trade Administration