[Federal Register Volume 78, Number 180 (Tuesday, September 17, 2013)]
[Notices]
[Pages 57129-57130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22465]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818; A-489-805; C-475-819; C-489-806]
Certain Pasta From Italy and Turkey: Continuation of Antidumping
and Countervailing Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (the Department) that revocation of the antidumping duty (AD)
orders on certain pasta from Italy and Turkey would likely lead to
continuation or recurrence of dumping, that revocation of the
countervailing duty (CVD) orders on certain pasta from Italy and Turkey
would likely lead to continuation or recurrence of a countervailable
subsidy, and the determination by the International Trade Commission
(the ITC) that revocation of these AD and CVD orders would likely lead
to a continuation or recurrence of material injury to an industry in
the United States, the Department is publishing this notice of the
continuation of these AD orders and CVD orders.
[[Page 57130]]
DATES: Effective September 17, 2013.
FOR FURTHER INFORMATION CONTACT: James Terpstra (AD) or Nancy Decker
(CVD), AD/CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3965 or (202) 482-0196, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 4, 2012, the Department initiated and the ITC
instituted sunset reviews of the AD and CVD orders on certain pasta
from Italy and Turkey pursuant to sections 751(c) and 752 of the Tariff
Act of 1930, as amended (the Act), respectively.\1\ As a result of its
reviews, the Department found that revocation of the AD orders would
likely lead to continuation or recurrence of dumping and that
revocation of the CVD orders would likely lead to continuation or
recurrence of countervailable subsidies, and notified the ITC of the
margins of dumping and the subsidy rates likely to prevail were the
orders revoked.\2\
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\1\ See Notice of Initiation of Five-Year Sunset Review, 77 FR
53867 (September 4, 2012); Certain Pasta from Italy and Turkey; and
Institution of Five-year Reviews Concerning the Countervailing and
Antidumping Duty Orders on Certain Pasta from Italy and Turkey, 77
FR 53909 (September 4, 2012).
\2\ See Certain Pasta From Italy and Turkey; Final Results of
Expedited Third Sunset Reviews of Antidumping Duty Orders, 78 FR
2368 (January 11, 2013); Certain Pasta From Italy: Final Results of
the Expedited Third Sunset Review of the Countervailing Duty Order,
78 FR 693 (January 4, 2013); and Certain Pasta From Turkey: Final
Results of the Expedited Third Sunset Review of the Countervailing
Duty Order, 78 FR 692 (January 4, 2013).
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On September 9, 2013, the ITC published its determination, pursuant
to section 751(c) of the Act, that revocation of the AD orders on
certain pasta from Italy and Turkey and the CVD orders on certain pasta
from Italy would likely lead to continuation or recurrence of material
injury within a reasonably foreseeable time.\3\
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\3\ See Certain Pasta from Italy and Turkey, 78 FR 55095
(September 9, 2013); see also Certain Pasta from Italy and Turkey
(Inv. Nos. 701-TA-365-366 and 731-TA-734-735 (Third Review), USITC
Publication 4423, August 2013).
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Scope of the Orders
Italy (A-475-818, C-475-819)
The merchandise subject to the orders is pasta. The product is
currently classified under items 1901.90.90.95 and 1902.19.20 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although the
HTSUS numbers are provided for convenience and customs purposes, the
written product description in the orders remains dispositive.\4\
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\4\ 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); and Notice of Countervailing
Duty Order and Amended Final Affirmative Countervailing Duty
Determination: Certain Pasta (``Pasta'') From Italy, 61 FR 38544
(July 24, 1996). See also, Certain Pasta from Italy: Notice of
Preliminary Results of Antidumping Duty Administrative Review, 77 FR
46377 (August 3, 2012) for a complete description, including the
exclusions to the scope.
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Turkey (A-489-805, C-489-806)
The merchandise subject to the orders is pasta. The product is
currently classified under items 1902.19.20 of the HTSUS. Although the
HTSUS numbers are provided for convenience and customs purposes, the
written product description in the orders remains dispositive.\5\
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\5\ 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); see also Certain Pasta From
Turkey; 2010-2011; Final Results of Antidumping Duty Administrative
Review, 78 FR 9672 (February 11, 2013).
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Continuation of the Orders
As a result of the determinations by the Department and the ITC
that revocation of these AD and CVD orders would likely lead to
continuation or recurrence of dumping or a countervailable subsidy, and
of material injury to an industry in the United States, pursuant to
section 751(d)(2) of the Act, the Department hereby orders the
continuation of the AD and CVD orders on certain pasta from Italy and
Turkey.
U.S. Customs and Border Protection will continue to collect cash
deposits at the rates in effect at the time of entry for all imports of
subject merchandise. The effective date of the continuation of these
orders is the date of publication in the Federal Register of this
notice of continuation. Pursuant to sections 751(c)(2) and 751(c)(6) of
the Act, the Department intends to initiate the next five-year review
of these orders not later than 30 days prior to the fifth anniversary
of the effective date of the continuation.
These five-year (sunset) reviews and notice are in accordance with
section 751(c) of the Act and published pursuant to sections 751(c) and
777(i)(1) of the Act, as well as 19 CFR 351.218(f)(4).
Dated: September 10, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-22465 Filed 9-16-13; 8:45 am]
BILLING CODE 3510-DS-P