[Federal Register Volume 80, Number 4 (Wednesday, January 7, 2015)]
[Notices]
[Pages 863-865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30848]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-805]
Certain Pasta From Turkey: Preliminary Results of Antidumping
Duty New Shipper Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from respondent Be[scedil]san Makarna
Gida San. Ve Tic. A.S. (Be[scedil]san), the Department of Commerce (the
Department) is conducting a new shipper review of the antidumping duty
order on certain pasta (pasta) from Turkey. The period of review (POR)
is July 1, 2013, through January 31, 2014. We preliminarily find that
Be[scedil]san did not sell subject merchandise at prices below normal
value (NV) during the POR. If these preliminary results are adopted in
our final results of this review, we will instruct U.S. Customs and
Border Protection (CBP) to liquidate entries of merchandise produced by
Be[scedil]san without regard to antidumping duties. We invite
interested parties to comment on these preliminary results.
DATES: Effective Date: January 7, 2015.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Robert James, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW.,
[[Page 864]]
Washington, DC 20230; telephone: (202) 482-1121 or (202) 482-0649,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
Imports covered by this review are shipments of 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.
For a full description of the scope of the order, see the
memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``Decision
Memorandum for Preliminary Results of Antidumping Duty Administrative
Review: Pasta From Turkey'' (Preliminary Decision Memorandum), which is
dated concurrently with this notice, and is hereby incorporated by
reference.\1\
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\1\ A list of the topics discussed in the Preliminary Decision
Memorandum appears in Appendix I of this notice.
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Methodology
The Department has conducted this review in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.214. Export price is calculated in accordance with section 772 of
the Act. NV is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our conclusions,
see the Preliminary Decision Memorandum. The Preliminary 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).\2\ ACCESS is available
to registered users at https://access.trade.gov and is available to all
parties in the Central Records Unit, Room 7046 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
Internet at http://www.trade.gov/enforcement/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
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\2\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from http://iaaccess.trade.gov to http://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
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Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following dumping margin for the period July 1, 2013, through January
31, 2014.
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Margin
Exporter/manufacturer (percent)
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Be[scedil]san Makarna Gida San. Ve Tic. A.S............. 0.00
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Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with these preliminary results
within five days of the date of publication of this notice.\3\ Pursuant
to 19 CFR 351.309(c), interested parties may submit cases briefs no
later than 30 days after the date of publication of this notice.
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed no later than five days after the date for filing case briefs.\4\
Parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) a statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.\5\ Case and rebuttal briefs should be filed using
ACCESS.\6\
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\3\ See 19 CFR 351.224(b).
\4\ See 19 CFR 351.309(d).
\5\ See 19 CFR 351.309(c)(2) and (d)(2).
\6\ See 19 CFR 351.303(b).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS. An electronically filed
document must be received successfully in its entirety by the
Departments electronic records system, ACCESS, by 5:00 p.m. Eastern
Standard Time within 30 days after the date of publication of this
notice.\7\ 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 case briefs. If a request for a hearing
is made, parties will be notified of the date and time for the hearing
to be held at the U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
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\7\ See 19 CFR 351.310(c).
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The Department intends to issue the final results of this
administrative review, including the results of its analysis of the
issues raised in any written briefs, within 90 days after the date of
publication of this notice, pursuant to section 751(a)(2)(B)(iv) of the
Act.
Assessment Rates
Upon completion of this new shipper review, the Department shall
determine and U.S. Customs and Border Protection (CBP) shall assess
antidumping duties on all appropriate entries. If Be[scedil]san's
weighted-average dumping margin is not zero or de minimis in the final
results of this review, we will calculate importer-specific assessment
rates on the basis of the ratio of the total amount of antidumping
duties calculated for an importer's examined sales and the total
entered value of such sales in accordance with 19 CFR 351.212(b)(1). If
Be[scedil]san's weighted-average dumping margin is zero or de minimis
in the final results of review, or an importer-specific rate is zero or
de minimis, we will instruct CBP to liquidate the appropriate entries
without regard to dumping margins.
We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of new shipper review for
all shipments of pasta from Turkey entered, or withdrawn from
warehouse, for consumption on or after the date of publication as
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate
for Be[scedil]san will be the rate established in the final results of
this new shipper review except if the rate is de minimis within the
meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate
will be zero; (2) for merchandise exported by manufacturers or
exporters not covered in this review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recent period in which the
manufacturer or exporter participated; (3) if the exporter is not a
firm covered in this review, a prior review, or the original less-than-
fair-value investigation but the manufacturer is, the cash deposit rate
will be the rate established for the most recent period for the
manufacturer of the merchandise; (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 51.49 percent, the
[[Page 865]]
all-others rate established in the less-than-fair-value
investigation.\8\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\8\ 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 also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.214.
Dated: December 24, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
Summary
Background
Scope of the Order
Methodology
Bona Fide Sales Analysis
Fair Value Comparisons
Product Comparisons
Determination of Comparison Method
Date of Sale
U.S. Price
Normal Value
Currency Conversion
Conclusion
[FR Doc. 2014-30848 Filed 1-6-15; 8:45 am]
BILLING CODE 3510-DS-P