[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Notices]
[Page 13275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05230]
[[Page 13275]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-805]
Certain Pasta From Turkey: Notice of Initiation of Antidumping
Duty New Shipper Review
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (the Department) received a request
for a new shipper review of the antidumping duty order \1\ on certain
pasta from Turkey.\2\ In accordance with section 751(a)(2)(B) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214, we are
initiating an antidumping duty new shipper review of Be[scedil]san
Makarina Gida San. Ve Tic. A.S. (Be[scedil]san). The period of review
(POR) of this new shipper review is July 1, 2013, through January 31,
2014.
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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
Turkey, 61 FR 38545 (July 24, 1996) (Order).
\2\ See Letter from Be[scedil]san, ``Request for New Shipper
Review; Antidumping Duty Order Involving Certain Pasta from
Turkey,'' (January 31, 2014) (Be[scedil]san's Request).
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DATES: Effective Date: March 10, 2014.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Robert James, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-
1121 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, the Department published the antidumping duty
order on certain pasta from Turkey.\3\ Thus, the antidumping duty order
on certain pasta from the Turkey has a January semi-annual anniversary
month. On January 31, 2014, the Department received a timely filed
request for a new shipper review from Be[scedil]san. In its request for
a review, Be[scedil]san identified itself as both a producer and
exporter of the subject merchandise which was exported to the United
States.
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\3\ See Order.
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Pursuant to the requirements set forth in section 751(a)(2)(B)(i)
of the Act and 19 CFR 351.214(b)(2), Be[scedil]san certified that (1)
it did not export subject merchandise to the United States during the
period of investigation (POI); and (2) since the initiation of the
investigation, it has never been affiliated with any company that
exported subject merchandise to the United States during the POI,
including those companies not individually examined during the
investigation.\4\ Additionally, in accordance with 19 CFR
351.214(b)(2)(iv), Be[scedil]san submitted documentation establishing:
(1) The date on which it first shipped subject merchandise to the
United States; (2) the volume of its first shipment; and (3) the date
of its first sale to a U.S. purchaser for export to the United
States.\5\
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\4\ See Be[scedil]san's Request at 2 and Exhibit 1.
\5\ For more information, see Memorandum from Tyler Weinhold,
through Robert James, to the file, ``Initiation of Antidumping Duty
New Shipper Review: Pasta from Turkey,'' dated concurrently with
this notice (Initiation Checklist).
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We note that although Be[scedil]san submitted documentation
regarding the volume of its shipment and the date of their first sale
to an unaffiliated customer in the United States, our customs query
shows that Be[scedil]san's shipment appears to have entered the United
States shortly after the semi-annual anniversary month. Under 19 CFR
351.214(f)(2)(ii), when the sale of the subject merchandise occurs
within the normal POR, but the entry occurs after the normal POR, the
POR may be extended unless it would be likely to prevent the completion
of the review within the time limits set by the Department's
regulations. The preamble to the Department's regulations states that
both the entry and the sale should occur during the POR, and that under
``appropriate'' circumstances the Department has the flexibility to
extend the POR.\6\ In this instance, Be[scedil]san's shipment appears
to have entered during the month following the end of the normal POR.
The Department does not find that this delay would be likely to prevent
the completion of the review within the time limits set by the
Department's regulations.
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\6\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27319-27320 (May 19, 1997).
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Initiation of Review
Based on information on the record and in accordance with section
751(a)(2)(B) of the Act, and 19 CFR 351.214(d), we find that the
request meets the statutory and regulatory requirements for initiation
of a new shipper review.\7\ Accordingly, we are initiating a new
shipper review of the antidumping duty order on pasta from Turkey
produced and exported by Be[scedil]san, for the period July 1, 2013,
through January 31, 2014.
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\7\ See Initiation Checklist.
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If the Department subsequently determines, based on information
collected, that a new shipper review for Be[scedil]san is not
warranted, the Department will either rescind the review or apply facts
available pursuant to section 776 of the Act, as appropriate.
We intend to issue the preliminary results of this review no later
than 180 days after the date on which this review is initiated, and the
final results within 90 days after the date on which we issue the
preliminary results.\8\
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\8\ See section 751(a)(2)(B)(iv) of the Act and 19 CFR
351.214(h)(i).
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We will instruct CBP to allow, at the option of the importer, the
posting, until the completion of the review, of a bond or security in
lieu of a cash deposit for certain entries of the subject merchandise
produced and exported by Be[scedil]san in accordance with section
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because
Be[scedil]san certified that it produces and exports the subject
merchandise, the sale of which forms the basis for its new shipper
review request, we will instruct CBP to permit the use of a bond only
for entries of subject merchandise which Be[scedil]san produced and
exported.
Interested parties may submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306.
This initiation and this notice are issued and published in
accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and
351.221(c)(1)(i).
Dated: February 27, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2014-05230 Filed 3-7-14; 8:45 am]
BILLING CODE 3510-DS-P