[Federal Register Volume 81, Number 231 (Thursday, December 1, 2016)]
[Notices]
[Pages 86701-86702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28856]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-805]
Certain Pasta From Turkey: Final Rescission of Antidumping Duty
New Shipper Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) published its
Preliminary Rescission for the new shipper review (NSR) of the
antidumping duty order on certain pasta from the Republic of Turkey
(Turkey) on July 15, 2016. The period of review (POR) is July 1, 2014,
through June 30, 2015. As discussed below, we preliminarily found that
the sale made by Durum Gida Sanayi ve Ticaret A.S. (Durum) is not bona
fide, and announced our preliminary intent to rescind the NSR. For the
final results of this review, we have determined that Durum does not
qualify for a NSR. Therefore, we are rescinding this NSR.
DATES: Effective December 1, 2016.
FOR FURTHER INFORMATION CONTACT: Fred Baker, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-2924.
SUPPLEMENTARY INFORMATION:
[[Page 86702]]
Background
On July 15, 2016, the Department of Commerce (Department) published
its Preliminary Rescission for the NSR of the antidumping duty order on
certain pasta from Turkey.\1\ For a complete description of the events
that followed the publication of the Preliminary Rescission, see the
Issues and Decision Memorandum.\2\ The Issues and 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). ACCESS is available to registered users at
https://access.trade.gov and in the Central Records Unit, room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/index.html. The signed Issues and
Decision Memorandum and the electronic version of the Issues and
Decision Memorandum are identical in content.
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\1\ See Certain Pasta From Turkey: Preliminary Rescission of
Antidumping Duty New Shipper Review, 81 FR 46050 (July 15, 2016)
(Preliminary Rescission).
\2\ See Memorandum from Erin Begnal, Director, Office III,
Antidumping and Countervailing Operations, to Ronald Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance, entitled
``Certain Pasta from the Republic of Turkey: Issues and Decision
Memorandum for the Final Rescission,'' issued concurrently with and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order
The merchandise covered by this order is 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 briefs by parties are addressed in
the Issues and Decision Memorandum \3\ and the Final Rescission
Memorandum.\4\ A list of the issues which parties raised is attached to
this notice as an Appendix.
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\3\ Id.
\4\ See Memorandum to Scot Fullerton, Re: Certain Pasta from the
Republic of Turkey: Final Rescission of New Shipper Review, dated
November 25, 2016 (Final Rescission Memorandum).
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Rescission of New Shipper Review
For the Preliminary Rescission, the Department analyzed the bona
fides of Durum's single sale, and preliminarily found it was not a bona
fide sale.\5\ In Durum's case brief, Durum submitted comments on the
Department's bona fides analysis.\6\ Petitioners \7\ submitted a
rebuttal brief on September 14, 2016, also addressing the Department's
bona fides analysis.\8\ Additionally, on September 20, 2016, and
October 3, 2016, Durum and Petitioners submitted affirmative \9\ and
rebuttal comments,\10\ respectively, regarding Durum's eligibility for
a NSR. In this final rescission we have not analyzed parties' comments
on the bona fides of Durum's sale because we have determined that Durum
did not qualify for a NSR. For a complete discussion see the Issues and
Decision Memorandum.
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\5\ See Memorandum from Fred Baker to Scot Fullerton, Re: 2014-
2015 Antidumping Duty New Shipper Review of Certain Pasta from
Turkey: Preliminary Bona Fide Sales Analysis for Durum Gida Sanayi
ve Ticaret A.S., dated June 28, 2016.
\6\ See Case Brief of Durum Gida Sanyi ve Ticaret A.S., dated
August 29, 2016.
\7\ Petitioners are the American Italian Pasta Company, New
World Pasta Company, and Dakota Growers Pasta Company.
\8\ See Petitioners' Rebuttal Brief for Durum Gida Sanayi ve
Ticaret A.S., dated September 14, 2016.
\9\ See Letter from Petitioners to Secretary of Commerce, Re:
New Shipper Review of Certain Pasta from Turkey--Petitioners'
Comments on New Factual Information for Durum Gida Sanayi ve Ticaret
A.S., dated September 20, 2016 (Petitioners' Comments on New Factual
Information); Letter from Durum to the Honorable Penny Pritzker, Re:
Pasta from Turkey (New Shipper Review): Comments on Factual
Information, dated September 20, 2016 (Durum's Comments on New
Factual Information).
\10\ See Letter from Petitioners to the Secretary of Commerce,
Re: New Shipper Review of Certain Pasta from Turkey--Petitioners'
Rebuttal Comments on New Factual Information for Durum Gida Sanayi
ve Ticaret A.S., dated October 3, 2016; Letter from Durum to the
Honorable Penny Pritzker, Pasta from Turkey (New Shipper Review):
Rebuttal Comments on Factual Information, dated October 3, 2016
(Durum's Rebuttal Comments on New Factual Information).
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Because we have determined that Durum does not qualify for a NSR,
we are rescinding this NSR.
Assessment
As the Department is rescinding this NSR, we have not calculated a
company-specific dumping margin for Durum. Durum's entries will be
liquidated at the ``all-others'' rate applicable to Turkish exporters
who do not have their own company-specific rate. That rate is 51.49
percent.
Cash Deposit Requirements
Effective upon publication of this notice of final rescission of
the NSR of Durum, the Department will instruct U.S. Customs and Border
Protection to discontinue the option of posting a bond or security in
lieu of a cash deposit for entries of subject merchandise from Durum.
Because we did not calculate a dumping margin for Durum, Durum
continues to be subject to the ``all-others'' rate. The all-others cash
deposit rate is 51.49 percent. These cash deposit requirements shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
Administrative Protective Order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in these segments of the
proceeding. 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 terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing this notice in accordance with
sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended,
and 19 CFR 351.214.
Dated: November 25, 2016.
Ronald Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
I. Summary
II. Background
III. Discussion of the Issues
Comment 1: Whether Durum Qualifies for a New Shipper Review
Comment 2: Whether Durum Had a Bona Fide Sale During the Period
of Review
IV. Recommendation
[FR Doc. 2016-28856 Filed 11-30-16; 8:45 am]
BILLING CODE 3510-DS-P