[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Notices]
[Pages 9672-9673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03084]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-805]
Certain Pasta From Turkey; 2010-2011; Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on certain pasta
(pasta) from Turkey. The period of review (POR) is July 1, 2010,
through June 30, 2011, and covers TAT Makarnacilik Sanayi ve Ticaret
A.S. (TAT), and Marsan Gida Sanayi ve Ticaret A.S (Marsan) and its
claimed affiliates Birlik Pazarlama Sanayi ve Ticaret A.S. (Birlik),
Bellini Gida Sanayi A.S. (Bellini), and Marsa Yag Sanayi ve Ticaret
A.S. (Marsa Yag). Based on our analysis of the comments received, we
have not made any changes in the margin calculation for Marsan. The
final weighted-average dumping margins for the reviewed firms are
listed below in the section entitled ``Final Results of Review.''
DATES: Effective Date: February 11, 2013.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Marsan, Birlik,
Bellini, and Marsan Yag), Victoria Cho (TAT) or Robert James, AD/CVD
Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3692, (202) 482-5075, or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 6, 2012, the Department published the Preliminary
Results,\1\ and invited interested parties to comment. On October 19,
2012, Marsan Gida Sanayi ve Ticaret A.S., (Marsan) filed a case brief,
and the petitioners \2\ filed a case brief with respect to TAT. On
October 24, 2012, petitioners filed a rebuttal brief. On December 21,
2012, the Department issued a post-preliminary analysis decision
memorandum of the targeting dumping allegation with respect to
Marsan.\3\ At that time, we invited parties to comment on the
Department's analysis in addressing the petitioners' targeted dumping
allegation in this review. The Department did not receive any comments
on its post-preliminary decision memorandum.
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\1\ See Certain Pasta From Turkey: Notice of Preliminary Results
of the 2010-2011 Antidumping Duty Administrative Review, 77 FR 46694
(August 6, 2012) (Preliminary Results).
\2\ New World Pasta Company, Dakota Growers Pasta Company &
American Italian Pasta Company (petitioners).
\3\ See Memorandum to Lynn Fischer Fox, Acting Assistant
Secretary for Import Administration, from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations titled ``2010/2011 Review of the Antidumping Duty Order
on Certain Pasta (pasta) from Turkey: Post-Preliminary Analysis
Memorandum'', dated December 21, 2012.
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Period of Review
The POR covered by this review is July 1, 2010, through June 30,
2011.
Scope of the Order
The merchandise covered by this order are certain non-egg dry pasta
in packages of five pounds (2.27 kilograms) or less, whether or not
enriched or fortified or containing milk or other optional ingredients
such as chopped vegetables, vegetable purees, milk, gluten, diastases,
vitamins, coloring and flavorings, and up to two percent egg white. The
pasta covered by this scope 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 review 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.
The merchandise subject to review is currently classifiable under
item 1902.19.20 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheading is provided for convenience and
customs purposes, the written description of the merchandise subject to
the order is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this proceeding and to which we have responded are listed in Appendix I
to this notice and addressed in the Issues and Decision Memorandum,
dated concurrently with, and hereby adopted by, this notice.\4\ The
Issues and Decision Memorandum is a public document and is on file in
the Central Records Unit (CRU), Room 7046 of the main Department of
Commerce Building, as well as electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (IA ACCESS). IA ACCESS is available to
registered users at http://iaacess.trade.gov and is available to all
parties in the CRU. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/frn/index.html. The signed Issues and Decision
Memorandum and the electronic versions of the Issues and Decision
Memorandum are identical in content.
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\4\ See Issues and Decision Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Import
Administration, titled ``Final Results of the Antidumping Duty
Administrative Review: Certain Pasta from Turkey; 2010-2011,'' dated
February 4, 2013.
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Final Results of Review
As a result of this review, we determine that the following
weighted-average dumping margins exist for the period July 1, 2010,
through June 30, 2011:
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\5\ The Department has found Marsan not to be affiliated with
Birlik or Bellini, prior to June 2, 2011. Birlik ceased operation of
the pasta production facility in October 2010 and at the same time
Bellini took over operation of the pasta production facility from
Birlik. See the Issues and Decision Memorandum, Preliminary Results,
and Memorandum to Melissa Skinner, Office Director, Office 3 from
the Team, titled ``Whether to Treat Marsan and its Claimed
Affiliates as a Single Entity for Margin Calculation Purposes,''
dated July 30, 2012 (Affiliation/Collapsing Memo).
\6\ See id.
\7\ As indicated in the Issues and Decision Memorandum,
Preliminary Results, and Affiliation/Collapsing Memo, the Department
has treated Bellini and Marsan as a single entity for the last month
of the POR.
[[Page 9673]]
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Weighted-
average
Manufacturer/exporter dumping
margin
(percent)
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TAT......................................................... 0.00
Birlik \5\.................................................. 0.00
Bellini \6\................................................. 0.00
Bellini/Marsan \7\.......................................... 0.00
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Disclosure
In accordance with 19 CFR 351.224(b), we will disclose calculation
memorandums used in our analysis to parties to these proceedings within
five days of the date of publication of this notice.
Assessment
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b), the Department will
determine, and CBP shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. The Department intends to issue assessment instructions to
CBP 15 days after the date of publication of these final results of
review.
For assessment purposes, the Department applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and Assessment Rate in Certain
Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14,
2012).
We calculated such rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. If an importer-specific
assessment rate is zero or de minimis (i.e., less than 0.50 percent) or
the exporter has a weighted-average dumping margin that is zero or de
minimis, the Department will instruct CBP to assess that importer's
entries of subject merchandise without regard to antidumping duties, in
accordance with 19 CFR 351.106(c)(2).
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\8\ This clarification will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed companies did not know
their merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
country-specific all-others rate established in the less-than-fair-
value (LTFV) investigation if there is no rate for the intermediate
company(ies) involved in the transaction.
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\8\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of this notice of final results of the administrative
review for all shipments of subject merchandise entered or withdrawn
from warehouse, for consumption, on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For the companies
subject to this review, the cash deposit rate will be the respective
rates established in the final results of this review, as listed above;
(2) for previously reviewed or investigated companies not listed above
that have their own rates, the cash deposit rate will continue to be
the company-specific rate published for the most recently completed
segment of this proceeding in which that manufacturer or exporter
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or the less-than-fair-value (LTFV) investigation, but
the manufacturer is, the cash deposit rate will be the rate established
for the most recently completed segment of this proceeding for the
manufacturer of the subject merchandise; and (4) if neither the
exporter nor the manufacturer is a firm covered in this or any
previously completed segment conducted under this proceeding by the
Department, the cash deposit rate will be 51.49 percent, the all-others
rate, established in the LTFV investigation.\9\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\9\ See Notice of Antidumping Duty Order and Amended Final
Determination of Sales at Less Than Fair Value: Certain Pasta From
Turkey, 61 FR 38545 (July 24, 1996).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in the Secretary's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent increase in antidumping duties by
the amount of antidumping and/or countervailing duties reimbursed.
Notification to Interested Parties
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
We are issuing and publishing these results of review in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: February 4, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I--Issues in Issues and Decision Memorandum
Marsan
Comment 1: Whether Marsan was affiliated with Ulker/Bellini/Birlik
throughout the POR
Comment 2: Whether the Department should assign a deposit rate to
Eksper Gida
Comment 3: Whether the Department should assign a deposit rate to
Bellini
Comment 4: Whether the Department should have calculated a weighted-
average cost for Birlik and Bellini
Comment 5: Whether the Department erred in increasing Bellini's cost
of manufacture
TAT
Comment 6: The commercial reasonableness of TAT's U.S. sales
Comment 7: Alleged SAS errors in the Preliminary Results
Comment 8: TAT's liquidation instructions
[FR Doc. 2013-03084 Filed 2-8-13; 8:45 am]
BILLING CODE 3510-DS-P