82_FR_26887 82 FR 26777 - Certain Pasta From Italy: Notice of Final Results of Antidumping Duty Changed Circumstances Review

82 FR 26777 - Certain Pasta From Italy: Notice of Final Results of Antidumping Duty Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 110 (June 9, 2017)

Page Range26777-26778
FR Document2017-11995

On March 17, 2017, the Department of Commerce (Department) published the preliminary results of the changed circumstances review (CCR) of the antidumping duty order on certain pasta from Italy and preliminarily determined that Francesco Tamma S.p.A. (Tamma) is not the successor-in-interest to Tamma Industrie Alimentary Capitanata S.r.l. (TIAC), the company affiliated with Delverde, S.r.l. (Delverde), which was excluded from the order on pasta from Italy. We received comments from interested parties. Based on our analysis, for the final results, the Department continues to find that Tamma is not the successor-in- interest to TIAC.

Federal Register, Volume 82 Issue 110 (Friday, June 9, 2017) 
[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)]
[Notices]
[Pages 26777-26778]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11995]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


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

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

SUMMARY: On March 17, 2017, the Department of Commerce (Department) 
published the preliminary results of the changed circumstances review 
(CCR) of the antidumping duty order on certain pasta from Italy and 
preliminarily determined that Francesco Tamma S.p.A. (Tamma) is not the 
successor-in-interest to Tamma Industrie Alimentary Capitanata S.r.l. 
(TIAC), the company affiliated with Delverde, S.r.l. (Delverde), which 
was excluded from the order on pasta from Italy. We received comments 
from interested parties. Based on our analysis, for the final results, 
the Department continues to find that Tamma is not the successor-in-
interest to TIAC.

DATES: Effective June 9, 2017.

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

Background

    On July 24, 1996, the Department published in the Federal Register 
the antidumping duty order on pasta from Italy, which included Delverde 
and its affiliate TIAC (collectively, Delverde/TIAC).\1\ Pursuant to a 
decision by the Court of International Trade, on remand, the Department 
determined that Delverde/TIAC had a de minimis dumping margin and 
should be excluded from the order on pasta from Italy.\2\ In accordance 
with a decision from the World Trade Organization (WTO), the United 
States Trade Representative subsequently directed the Department to 
revise the all-others rate for the Pasta Order to 15.45 percent ad 
valorem.\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 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).
    \3\ See Implementation of the Findings of the WTO Panel in US--
Zeroing (EC): Notice of Determinations Under Section 129 of the 
Uruguay Round Agreements Act and Revocations and Partial Revocations 
of Certain Antidumping Duty Orders, 72 FR 25261, 25263 (May 4, 2007) 
(Pasta Section 129 Implementation Determination).
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    In 2014, the Department conducted a CCR of Delverde Industrie 
Alimentari S.p.A. (Delverde S.p.A.) and found that Delverde S.p.A. was 
not the successor-in-interest to Delverde based on aspects of the 
bankruptcy of Delverde, changes in management, changes in supplier 
relationships, and changes in production facilities.\4\ Thus, the 
Department found that Delverde S.p.A. was not entitled to the exclusion 
from the Pasta Order that was originally granted to Delverde, a defunct 
entity.\5\
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    \4\ See Certain Pasta from Italy: Notice of Preliminary Results 
of Antidumping Duty Changed Circumstances Review, 79 FR 28481 (May 
16, 2014); unchanged in Certain Pasta from Italy: Notice of Final 
Results of Antidumping Duty Changed Circumstances Review, 79 FR 
76339 (September 19, 2014) and accompanying Issues and Decision 
Memorandum (Delverde CCR).
    \5\ See Delverde CCR.
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    On July 29, 2016, American Italian Pasta Company, Dakota Growers 
Pasta Company, and New World Pasta Company (the petitioners) filed a 
request for the Department to initiate a CCR of Tamma to determine 
whether Tamma is the successor-in-interest to TIAC, the company 
excluded from the Pasta Order that was previously affiliated with the 
now defunct Delverde.\6\ On September 13, 2016, we initiated a CCR with 
respect to Tamma.\7\
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    \6\ See Petitioners' letter titled, ``Request for 2015-2016 
Administrative Reviews of the Antidumping Duty Order on Certain 
Pasta from Italy,'' dated July 29, 2016. This letter requests an 
administrative review and changed circumstances review of Tamma. On 
August 11, 2016, the petitioners refiled this review request to 
clarify the specific company names requested for review.
    \7\ See Certain Pasta from Italy: Initiation of Changed 
Circumstances Review, 81 FR 62864 (September 13, 2016) (Initiation 
Notice).
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    On March 21, 2017, the Department issued the Preliminary Results of 
this CCR, in which it determined that Tamma is not the successor-in-
interest to TIAC, the company in the Delverde/TIAC entity, which was 
excluded from the Pasta Order.\8\
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    \8\ See Certain Pasta from Italy: Notice of Preliminary Results 
of Antidumping Duty Changed Circumstances Review, 82 FR 14501 (March 
21, 2017) (Preliminary Results) and the accompanying Preliminary 
Decision Memorandum.

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[[Page 26778]]

    On March 31, 2017, Tamma submitted comments regarding the 
Preliminary Results.\9\ On April 17, 2017, the petitioners submitted 
their rebuttal brief.\10\
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    \9\ See Tamma's Case Brief, entitled ``Certain Pasta from Italy: 
Changed Circumstances Review Case Brief of Francesco Tamma S.p.A.,'' 
dated March 31, 2017.
    \10\ See Petitioners' Rebuttal Brief, entitled ``Certain Pasta 
from Italy: Petitioners' Rebuttal Brief for Francesco Tamma 
S.p.A.'', dated April 17, 2017.
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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.\11\
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    \11\ For a full description of the scope of the order, see 
Issues and Decision Memorandum.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this changed circumstances review are addressed in the Issues and 
Decision Memorandum, which is hereby adopted by this notice. A list of 
the issues which parties have raised, and to which we have responded in 
the Issues and Decision Memorandum, is attached to this notice as an 
Appendix. The Issues and Decision Memorandum is a public document and 
is on file electronically via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov, 
and it is available to all parties in the Central Records Unit, room 
B8024, of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly on the internet at http://enforcement.trade.gov/frn/. The 
signed Issues and Decision Memorandum and the electronic version of the 
Issues and Decision Memorandum are identical in content.

Final Results of Changed Circumstances Review

    Based on the record evidence and our analysis of the comments 
received, the Department continues to find that Tamma is not the 
successor-in-interest to TIAC pursuant to section 751(b) of the Tariff 
Act of 1930, as amended (the Act) and 19 CFR 351.216.\12\
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    \12\ See Issues and Decision Memorandum.
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Instructions to U.S. Customs and Border Protection

    As a result of this determination, the Department will instruct 
U.S. Customs and Border Protection to collect estimated antidumping 
duties for all shipments of subject merchandise produced and/or 
exported by Tamma and entered, or withdrawn from warehouse, for 
consumption on or after the publication date of this notice in the 
Federal Register at the 15.45 percent all-others rate established in 
the antidumping duty investigation, as modified by the section 129 
determination.\13\ This cash deposit requirement shall remain in effect 
until further notice.
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    \13\ See Pasta Section 129 Implementation Determination, 72 FR 
at 25263.
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Notification to Interested Parties

    This notice serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the destruction of APO materials or conversion to judicial protective 
order is hereby requested. Failure to comply with the regulations and 
terms of an APO is a sanctionable violation.
    We are issuing and publishing this final results notice in 
accordance with sections 751(b) and 777(i) of the Act, and 19 CFR 
351.216 and 351.221(c)(3).

    Dated: June 1, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Interested Party Comments
    Comment: Whether a Successor-in-Interest CCR Analysis Should Be 
Based on an Event/Events or on the Totality of the Circumstances on 
the Record
V. Recommendation

[FR Doc. 2017-11995 Filed 6-8-17; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Notices 26777 subheadings are provided for sections 751(c), 752(c), and 777(i)(1) of from the World Trade Organization convenience and Customs purposes. the Act and 19 CFR 351.218. (WTO), the United States Trade The written description of the scope of Dated: June 5, 2017. Representative subsequently directed this proceeding is dispositive. Ronald K. Lorentzen, the Department to revise the all-others rate for the Pasta Order to 15.45 percent Analysis of Comments Received Acting Assistant Secretary for Enforcement and Compliance. ad valorem.3 All issues raised in this sunset review, In 2014, the Department conducted a including the likelihood of continuation [FR Doc. 2017–11987 Filed 6–8–17; 8:45 am] CCR of Delverde Industrie Alimentari or recurrence of dumping and the BILLING CODE 3510–DS–P S.p.A. (Delverde S.p.A.) and found that magnitude of the margin of dumping Delverde S.p.A. was not the successor- likely to prevail if the Suspension in-interest to Delverde based on aspects Agreement is terminated, are addressed DEPARTMENT OF COMMERCE of the bankruptcy of Delverde, changes in the Issues and Decision in management, changes in supplier International Trade Administration Memorandum.4 The Issues and Decision relationships, and changes in Memorandum is a public document and [A–475–818] production facilities.4 Thus, the is on file electronically via Enforcement Department found that Delverde S.p.A. and Compliance’s Antidumping and Certain Pasta From Italy: Notice of Final Results of Antidumping Duty was not entitled to the exclusion from Countervailing Duty Centralized the Pasta Order that was originally Electronic Service System (ACCESS). Changed Circumstances Review granted to Delverde, a defunct entity.5 ACCESS is available to registered users AGENCY: Enforcement and Compliance, at http://access.trade.gov and is On July 29, 2016, American Italian International Trade Administration, Pasta Company, Dakota Growers Pasta available in the Central Records Unit, Department of Commerce. room B8024 of the main Department of Company, and New World Pasta SUMMARY: On March 17, 2017, the Company (the petitioners) filed a Commerce building. In addition, a Department of Commerce (Department) request for the Department to initiate a complete version of the Issues and Decision Memorandum can be accessed published the preliminary results of the CCR of Tamma to determine whether directly on the Internet at http:// changed circumstances review (CCR) of Tamma is the successor-in-interest to enforcement.trade.gov/frn. the antidumping duty order on certain TIAC, the company excluded from the pasta from Italy and preliminarily Pasta Order that was previously Final Results of Review determined that Francesco Tamma affiliated with the now defunct Pursuant to section 752(c) of the Act, S.p.A. (Tamma) is not the successor-in- Delverde.6 On September 13, 2016, we the Department determines that interest to Tamma Industrie Alimentary initiated a CCR with respect to Tamma.7 termination of the Suspension Capitanata S.r.l. (TIAC), the company On March 21, 2017, the Department Agreement and suspended investigation affiliated with Delverde, S.r.l. issued the Preliminary Results of this on uranium from the Russian Federation (Delverde), which was excluded from CCR, in which it determined that would likely lead to continuation or the order on pasta from Italy. We Tamma is not the successor-in-interest recurrence of dumping, and that the received comments from interested to TIAC, the company in the Delverde/ magnitude of the margin of dumping parties. Based on our analysis, for the TIAC entity, which was excluded from likely to prevail if the suspension final results, the Department continues the Pasta Order.8 agreement is terminated would be to find that Tamma is not the successor- 115.82 percent. in-interest to TIAC. Pursuant to Court Decision and Revocation in Part: DATES: Effective June 9, 2017. Certain Pasta from Italy, 66 FR 65889 (December Notification Regarding Administrative 21, 2001). Protective Order FOR FURTHER INFORMATION CONTACT: Joy 3 See Implementation of the Findings of the WTO Zhang, Office III, AD/CVD Operations, Panel in US—Zeroing (EC): Notice of This notice also serves as the only Enforcement and Compliance, Determinations Under Section 129 of the Uruguay reminder to parties subject to International Trade Administration, Round Agreements Act and Revocations and Partial administrative protective orders (APO) U.S. Department of Commerce, 1401 Revocations of Certain Antidumping Duty Orders, of their responsibility concerning the 72 FR 25261, 25263 (May 4, 2007) (Pasta Section Constitution Avenue NW., Washington, 129 Implementation Determination). return or destruction of proprietary DC 20230; telephone: (202) 482–1168. 4 See Certain Pasta from Italy: Notice of information disclosed under APO in Preliminary Results of Antidumping Duty Changed accordance with 19 CFR 351.305. Background Circumstances Review, 79 FR 28481 (May 16, 2014); Timely written notification of the return On July 24, 1996, the Department unchanged in Certain Pasta from Italy: Notice of or destruction of APO materials or Final Results of Antidumping Duty Changed published in the Federal Register the Circumstances Review, 79 FR 76339 (September 19, conversion to judicial protective order is antidumping duty order on pasta from 2014) and accompanying Issues and Decision hereby requested. Failure to comply Italy, which included Delverde and its Memorandum (Delverde CCR). with the regulations and terms of an affiliate TIAC (collectively, Delverde/ 5 See Delverde CCR. APO is a violation subject to sanction. TIAC).1 Pursuant to a decision by the 6 See Petitioners’ letter titled, ‘‘Request for 2015– 2016 Administrative Reviews of the Antidumping Notification to Interested Parties Court of International Trade, on remand, Duty Order on Certain Pasta from Italy,’’ dated July the Department determined that 29, 2016. This letter requests an administrative We are issuing and publishing these Delverde/TIAC had a de minimis review and changed circumstances review of results and notice in accordance with dumping margin and should be Tamma. On August 11, 2016, the petitioners refiled this review request to clarify the specific company excluded from the order on pasta from mstockstill on DSK30JT082PROD with NOTICES 4 See Memorandum from Sally C. Gannon, names requested for review. Director for Bilateral Agreements, to Ronald K. Italy.2 In accordance with a decision 7 See Certain Pasta from Italy: Initiation of Lorentzen, Acting Assistant Secretary for Changed Circumstances Review, 81 FR 62864 1 See Notice of Antidumping Duty Order and (September 13, 2016) (Initiation Notice). Enforcement and Compliance, ‘‘Issues and Decision Memorandum for the Fourth Sunset Review of the Amended Final Determination of Sales at Less 8 See Certain Pasta from Italy: Notice of Agreement Suspending the Antidumping Than Fair Value: Certain Pasta from Italy, 61 FR Preliminary Results of Antidumping Duty Changed Investigation on Uranium from the Russian 38547 (July 24, 1996) (Pasta Order). Circumstances Review, 82 FR 14501 (March 21, Federation; Final Results,’’ (June 5, 2017) (Issues 2 See Notice of Amendment of Final 2017) (Preliminary Results) and the accompanying and Decision Memorandum). Determination of Sales at Less Than Fair Value Preliminary Decision Memorandum. VerDate Sep<11>2014 19:25 Jun 08, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\09JNN1.SGM 09JNN1

26778 Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Notices On March 31, 2017, Tamma submitted Instructions to U.S. Customs and DEPARTMENT OF COMMERCE comments regarding the Preliminary Border Protection Results.9 On April 17, 2017, the International Trade Administration petitioners submitted their rebuttal As a result of this determination, the [A–602–807, A–351–842, A–570–022, C–570– brief.10 Department will instruct U.S. Customs 023, A–560–828, C–560–829, A–471–807] and Border Protection to collect Scope of the Order estimated antidumping duties for all Certain Uncoated Paper From Imports covered by the order are shipments of subject merchandise Australia, Brazil, the People’s Republic shipments of certain non-egg dry pasta. produced and/or exported by Tamma of China, Indonesia, and Portugal: The merchandise subject to review is and entered, or withdrawn from Affirmative Preliminary Determination currently classifiable under items warehouse, for consumption on or after of Circumvention of the Antidumping 1901.90.90.95 and 1902.19.20 of the the publication date of this notice in the and Countervailing Duty Orders Harmonized Tariff Schedule of the Federal Register at the 15.45 percent AGENCY: Enforcement and Compliance, United States (HTSUS). Although the all-others rate established in the International Trade Administration, HTSUS subheadings are provided for antidumping duty investigation, as Department of Commerce. convenience and customs purposes, the modified by the section 129 written description of the merchandise DATES: Effective June 9, 2017. determination.13 This cash deposit SUMMARY: The Department of Commerce subject to the order is dispositive.11 requirement shall remain in effect until (Department) preliminarily determines Analysis of Comments Received further notice. that imports of uncoated paper with a All issues raised in the case and GE brightness of 83 +/¥1% (83 Bright Notification to Interested Parties rebuttal briefs by parties to this changed paper), otherwise meeting the circumstances review are addressed in This notice serves as a reminder to description of in-scope merchandise, the Issues and Decision Memorandum, parties subject to administrative from Australia, Brazil, the People’s which is hereby adopted by this notice. protective orders (APOs) of their Republic of China, Indonesia, and A list of the issues which parties have responsibility concerning the Portugal constitute merchandise raised, and to which we have responded disposition of proprietary information ‘‘altered in form or appearance in minor in the Issues and Decision respects’’ from in-scope merchandise disclosed under APO in accordance Memorandum, is attached to this notice that should be considered subject to the with 19 CFR 351.306. Timely written as an Appendix. The Issues and antidumping (AD) and countervailing notification of the destruction of APO Decision Memorandum is a public duty (CVD) Orders on certain uncoated materials or conversion to judicial paper (uncoated paper).1 document and is on file electronically protective order is hereby requested. via Enforcement and Compliance’s FOR FURTHER INFORMATION CONTACT: Failure to comply with the regulations Antidumping and Countervailing Duty William Miller at (202) 482–3906, AD/ and terms of an APO is a sanctionable CVD Operations, Enforcement and Centralized Electronic Service System violation. (ACCESS). ACCESS is available to Compliance, U.S. Department of registered users at https:// We are issuing and publishing this Commerce, 1401 Constitution Avenue access.trade.gov, and it is available to final results notice in accordance with NW., Washington, DC 20230. all parties in the Central Records Unit, sections 751(b) and 777(i) of the Act, SUPPLEMENTARY INFORMATION: room B8024, of the main Department of and 19 CFR 351.216 and 351.221(c)(3). Scope of the Orders Commerce building. In addition, a Dated: June 1, 2017. complete version of the Issues and The merchandise covered by the Ronald K. Lorentzen, orders is uncoated paper. Uncoated Decision Memorandum can be accessed Acting Assistant Secretary for Enforcement paper subject to the orders is currently directly on the internet at http:// and Compliance. classifiable in the Harmonized Tariff enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and Schedule of the United States (HTSUS) Appendix at subheadings 4802.56.1000, the electronic version of the Issues and Decision Memorandum are identical in I. Summary 4802.56.2000, 4802.56.3000, content. II. Background 4802.56.4000, 4802.56.6000, III. Scope of the Order 4802.56.7020, 4802.56.7040, Final Results of Changed IV. Discussion of Interested Party Comments 4802.57.1000, 4802.57.2000, Circumstances Review Comment: Whether a Successor-in-Interest 4802.57.3000, and 4802.57.4000. Some Based on the record evidence and our CCR Analysis Should Be Based on an imports of subject merchandise may analysis of the comments received, the Event/Events or on the Totality of the also be classified under 4802.62.1000, Department continues to find that Circumstances on the Record 4802.62.2000, 4802.62.3000, Tamma is not the successor-in-interest V. Recommendation 4802.62.5000, 4802.62.6020, to TIAC pursuant to section 751(b) of [FR Doc. 2017–11995 Filed 6–8–17; 8:45 am] 4802.62.6040, 4802.69.1000, the Tariff Act of 1930, as amended (the BILLING CODE 3510–DS–P 4802.69.2000, 4802.69.3000, Act) and 19 CFR 351.216.12 1 See Certain Uncoated Paper from Australia, 9 See Brazil, Indonesia, the People’s Republic of China, Tamma’s Case Brief, entitled ‘‘Certain Pasta and Portugal: Amended Final Affirmative mstockstill on DSK30JT082PROD with NOTICES from Italy: Changed Circumstances Review Case Antidumping Determinations for Brazil and Brief of Francesco Tamma S.p.A.,’’ dated March 31, Indonesia and Antidumping Duty Orders; 81 FR 2017. 11174 (March 3, 2016) and Certain Uncoated Paper 10 See Petitioners’ Rebuttal Brief, entitled from Indonesia and the People’s Republic of China: ‘‘Certain Pasta from Italy: Petitioners’ Rebuttal Brief Amended Final Affirmative Countervailing Duty for Francesco Tamma S.p.A.’’, dated April 17, 2017. Determination and Countervailing Duty Order 11 For a full description of the scope of the order, (Indonesia) and Countervailing Duty Order see Issues and Decision Memorandum. 13 See Pasta Section 129 Implementation (People’s Republic of China); 81 FR 11187, (March 12 See Issues and Decision Memorandum. Determination, 72 FR at 25263. 3, 2016) (collectively, the Orders). VerDate Sep<11>2014 19:25 Jun 08, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\09JNN1.SGM 09JNN1


Document Created: 2017-06-09 01:11:48
Document Modified: 2017-06-09 01:11:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective June 9, 2017.
ContactJoy Zhang, Office III, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1168.
FR Citation82 FR 26777 
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