Notice2024-16893
Certain Pasta From Italy: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 31, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) of the antidumping duty (AD) order on certain pasta (pasta) from Italy. Further, Commerce preliminarily determines that Gruppo Milo SpA (Gruppo Milo) is the successor-in- interest to Gruppo Alimentare Mediterraneo Milo Srl (GRAMM) and should be assigned the same AD cash deposit rate as GRAMM for purposes of the AD order on pasta from Italy. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 147 (Wednesday, July 31, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 147 (Wednesday, July 31, 2024)]
[Notices]
[Pages 61398-61400]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16893]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818]
Certain Pasta From Italy: Notice of Initiation and Preliminary
Results of Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is initiating a
changed circumstances review (CCR) of the antidumping duty (AD) order
on certain pasta (pasta) from Italy. Further, Commerce preliminarily
determines that Gruppo Milo SpA (Gruppo Milo) is the successor-in-
interest to Gruppo Alimentare Mediterraneo Milo Srl (GRAMM) and should
be assigned the same AD cash deposit rate as GRAMM for purposes of the
AD order on pasta from Italy. Interested parties are invited to comment
on these preliminary results.
DATES: Applicable July 31, 2024.
FOR FURTHER INFORMATION CONTACT: Peter Zukowski, 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) 482-0189.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, Commerce published the AD order on pasta from
Italy in the Federal Register.\1\ On June 6, 2024, Commerce received a
request on behalf of Gruppo Milo for a CCR, pursuant to section
751(b)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.216(b), to establish Gruppo Milo as the successor-in-interest to
GRAMM, an Italian producer and exporter of pasta and, thus, entitle it
to GRAMM's AD cash deposit rate.\2\ We received no comments from other
interested parties concerning this request. On July 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days.\3\ The deadline for the initiation is now July 29, 2024.
---------------------------------------------------------------------------
\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) (Order).
\2\ See Gruppo Milos's Letter, ``Certain Dry Pasta from Italy--
Request for Changed Circumstances Review,'' dated June 6, 2024 (CCR
Request).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
Scope of the Order <SUP>4</SUP>
---------------------------------------------------------------------------
\4\ See Certain Pasta from Italy: Final Results of Antidumping
and Countervailing Duty Changed Circumstances Reviews, 82 FR 4291
(January 13, 2017), where Commerce aligned the scope language across
the AD and countervailing duty orders on pasta from Italy.
---------------------------------------------------------------------------
The scope of this Order covers 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 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.\5\ 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.\6\ Effective January 1,
2012, ravioli and tortellini filled with cheese and/or vegetables are
[[Page 61399]]
also excluded from the scope of the Order.\7\
---------------------------------------------------------------------------
\5\ See Memorandum to Richard Moreland, dated August 25, 1997,
which is on file in the Central Records Unit.
\6\ 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).
\7\ 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's 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 1901.90.9095 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 information concerning, or
a request from, an interested party for a review of an AD order which
shows changed circumstances sufficient to warrant a review of the
order. In the past, Commerce has used CCRs to address the applicability
of cash deposit rates after there have been changes in the name or
structure of a respondent, such as a merger or spinoff (``successor-in-
interest'' or ``successorship'' determinations).\8\ Based on a review
of Gruppo Milo's request, and in accordance with section 751(b)(1)(A)
of the Act and 19 CFR 351.216(d), we find that the information
submitted in the CCR Request supporting Gruppo Milo's request that it
should be treated as the successor-in-interest to GRAMM is sufficient
to warrant a review to determine whether Gruppo Milo is entitled to
GRAMM's AD cash deposit rate.
---------------------------------------------------------------------------
\8\ See, e.g., Diamond Sawblades and Parts Thereof from the
People's Republic of China: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review, 82 FR 51605, 51606
(November 7, 2017) (Diamond Sawblades from China Preliminary),
unchanged in Diamond Sawblades and Parts Thereof from the People's
Republic of China: Final Results of Antidumping Duty Changed
Circumstances Review, 82 FR 60177 (December 19, 2017) (Diamond
Sawblades from China Final).
---------------------------------------------------------------------------
Preliminary Results
Section 351.221(c)(3)(ii) of Commerce's regulations authorizes
Commerce to combine the notice of initiation of a CCR and the notice of
preliminary results if Commerce concludes that expedited action is
warranted. In this instance, because the record contains information
necessary to make a preliminary finding and no interested parties have
summitted comments on Gruppo Milo's request, we find that expedited
action is warranted and have combined the notice of initiation and the
notice of preliminary results.
Pursuant to section 751(b) of the Act, we have conducted a CCR
using a successor-in-interest analysis in response to Gruppo Milo's
request. In making a successor-in-interest determination, Commerce
examines several factors, including, but not limited to, changes in the
following: (1) management and ownership; (2) production facilities; (3)
supplier relationships; and (4) customer base.\9\ While no single
factor or combination of factors will necessarily provide a dispositive
indication of a successor-in-interest relationship, generally, Commerce
will consider the new company to be the successor to the previous
company if the new company's resulting operation is not materially
dissimilar to that of its predecessor.\10\ Thus, if the evidence
demonstrates that, with respect to the production and sales of the
subject merchandise, the new company operates essentially the same
business entity as the former company, Commerce will accord the new
company the same antidumping treatment as its predecessor.\11\ In
accordance with 19 CFR 351.216, we preliminarily determine that Gruppo
Milo is the successor-in-interest to GRAMM for purposes of the Order
and is entitled to GRAMM's AD cash deposit rate.
---------------------------------------------------------------------------
\9\ See, e.g., Diamond Sawblades from China Preliminary,
unchanged in Diamond Sawblades from China Final; see also Certain
Frozen Warmwater Shrimp from India: Initiation and Preliminary
Results of Antidumping Duty Changed Circumstances Review, 83 FR
37784 (August 2, 2018), unchanged in Certain Frozen Warmwater Shrimp
from India: Notice of Final Results of Antidumping Duty Changed
Circumstances Review, 83 FR 49909 (October 3, 2018).
\10\ Id.
\11\ See, e.g., Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Certain Frozen
Warmwater Shrimp from India, 77 FR 64953 (October 24, 2012),
unchanged in Final Results of Antidumping Duty Changed Circumstances
Review: Certain Frozen Warmwater Shrimp from India, 77 FR 73619
(December 11, 2012); and Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea; Preliminary Results of Antidumping Duty
Changed Circumstances Review, 63 FR 14679 (March 26, 1998),
unchanged in Circular Welded Non-Alloy Steel Pipe from Korea: Final
Results of Antidumping Duty Changed Circumstances Review, 63 FR
20572 (April 27, 1998), in which Commerce found that a company which
only changed its name and did not change its operations is a
successor-in-interest to the company before it changed its name.
---------------------------------------------------------------------------
1. Management
Gruppo Milo submitted evidence of its management before and after
its name change. Gruppo Milo's evidence indicates that the board of
directors, organizational chart, and ownership structure all remain the
same before and after the change to its name and corporate form.\12\
---------------------------------------------------------------------------
\12\ See CCR Request at Exhibit 3.
---------------------------------------------------------------------------
2. Production Facilities
Gruppo Milo submitted evidence of its production facilities,
including names of the facilities, addresses, what is produced at the
facilities, and contact information. Gruppo Milo's evidence indicates
that there were no changes to its production facilities as a result of
the changes to its name and corporate form, as Gruppo Milo operates the
same three production facilities that were operated by GRAMM.\13\
---------------------------------------------------------------------------
\13\ Id. at Exhibit 4.
---------------------------------------------------------------------------
3. Supplier Relationships and Customer Base
Gruppo Milo provided lists of both its suppliers \14\ and U.S.
customers\15\ before and after the name change to support its assertion
that there have been no material changes to GRAMM's suppliers or its
customer base. This documentation shows that the top suppliers and
customers are the same both before and after the changes to its name
and corporate form.
---------------------------------------------------------------------------
\14\ Id. at Exhibit 5.
\15\ Id. at Exhibit 6.
---------------------------------------------------------------------------
In addition to the evidence above, Gruppo Milo provided
documentation demonstrating approval of GRAMM's name change by GRAMM's
shareholders on March 8, 2024 (the shareholders remained unchanged from
prior to the name change).\16\ Further, as support, Gruppo Milo
provided the ``Visura,'' or company registration report for Gruppo Milo
SpA from the Milan Chamber of Commerce as it appears in the Italian
Business Register--Company Registration Office.\17\ Gruppo Milo also
provided the Visura for GRAMM for comparative reference, which shows
that the basic purpose and structure of the company remains
unchanged.\18\ The continuity between Gruppo Milo's Visura and GRAAM's
Visura supports the claim that Gruppo Milo's operations with respect to
sales of subject merchandise have not materially changed as a result of
its name change.
---------------------------------------------------------------------------
\16\ Id. at Exhibit 1.
\17\ Id. at Exhibit 2.
\18\ Id.
---------------------------------------------------------------------------
[[Page 61400]]
Therefore, based on the record evidence discussed above, we
preliminarily determine that Gruppo Milo is the successor-in-interest
to GRAMM, as the change in the business' name and corporate form was
not accompanied by changes to its management and ownership, production
facilities, supplier relationships, or customer base. Thus, we
preliminarily determine that Gruppo Milo is entitled to the same AD
cash deposit rate with respect to subject merchandise as its
predecessor.
Should our final results remain unchanged from these preliminary
results, we will instruct U.S. Customs and Border Protection to assign
entries of subject merchandise exported by Gruppo Milo the AD cash
deposit rate applicable to GRAMM. Commerce will issue its final results
of the review in accordance with the time limits set forth in 19 CFR
351.216(e).
Public Comment
In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may
submit case briefs not later than 14 days after the date of publication
of this notice in the Federal Register.\19\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than five days
after the case briefs, in accordance with 19 CFR 351.309(d)(1) and (2).
Interested parties who submit case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of contents listing each issue; and
(2) a table of authorities.\20\ All comments must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern
Time on the day it is due.\21\ Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\22\
---------------------------------------------------------------------------
\19\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\20\ See 19 CFR 351.309(c)(2) and (d)(2).
\21\ See 19 CFR 351.303(b).
\22\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this CCR, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\23\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results of this CCR. We request that
interested parties include footnotes for relevant citations in the
public executive summary of each issue.
---------------------------------------------------------------------------
\23\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request via ACCESS within 14
days of publication of this notice.\24\ Hearing requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective briefs. If a request for a hearing is made, Commerce will
inform parties of the scheduled date for the hearing.\25\ Parties
should confirm the date and the time of the hearing two days before the
scheduled date.
---------------------------------------------------------------------------
\24\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
\25\ See 19 CFR 351.310(d)(1).
---------------------------------------------------------------------------
Final Results
Unless the deadline is extended, pursuant to 19 CFR 351.216(e),
Commerce intends to 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.
Notification to Interested Parties
This notice is published in accordance with sections 751(b)(1) and
777(i) of the Act and 351.221(b)(1) and 351.221(c)(3)(ii).
Dated: July 25, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-16893 Filed 7-30-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on July 31, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.