[Federal Register Volume 66, Number 49 (Tuesday, March 13, 2001)]
[Notices]
[Pages 14541-14542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6225]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-805]


Certain Pasta From Turkey: Final Results of New Shipper 
Antidumping Duty Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final results of new shipper antidumping review: 
certain pasta from Turkey.

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SUMMARY: We determine that sales of the subject merchandise have not 
been made below normal value (``NV'').

EFFECTIVE DATE: March 13, 2001.

FOR FURTHER INFORMATION CONTACT: James Terpstra or Cindy Lai Robinson, 
AD/CVD Enforcement, Office VI, Group II, 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) 482-3797, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act'') are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department's 
regulations refer to the regulations codified at 19 CFR part 351 
(2000).

Case History

    On December 13, 2000, the Department of Commerce (``the 
Department'') published the preliminary results of its new shipper 
administrative review of the antidumping duty order on certain pasta 
from Turkey. See Notice of Preliminary Results of New Shipper 
Antidumping Duty Administrative Review: Certain Pasta from Turkey, 65 
FR 77855 (``Preliminary Results''). As discussed in the preliminary 
results, this review covers shipments by Beslen Makarna Gida Sanayi ve 
Ticaret A.S., and Beslen Pazarlarma Gida Sanayi ve Ticaret A.S., 
respectively (collectively ``Beslen''), during the period of review 
(``POR'') July 1, 1999 through December 31, 1999. Interested parties 
did not submit case briefs nor did they request a hearing. There have 
been no changes since the preliminary results.

Scope of the Review

    Imports covered by this review are shipments of certain non-egg dry 
pasta in packages of five pounds (or 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, our written description of the scope is 
dispositive.

Scope Rulings

    The Department has issued the following scope ruling to date:
    On October 26, 1998, the Department self-initiated a scope inquiry 
to determine whether a package weighing over five pounds as a result of 
allowable industry tolerances is within the scope of the antidumping 
and countervailing duty orders. On May 24, 1999, we issued a final 
scope ruling finding that, effective October 26, 1998, pasta in 
packages weighing or labeled up to (and including) five pounds four 
ounces is within the scope of the antidumping and countervailing duty 
orders. See ``Memorandum from John Brinkmann to Richard Moreland,'' 
dated May 24, 1999, in the case file in the Central Records Unit (``the 
CRU''), main Commerce building, room B-099.

Price Comparisons

    We calculated export price and NV based on the same methodology 
described in the Preliminary Results.

Analysis of Comments Received

    We gave interested parties an opportunity to comment on the 
Preliminary Results. As noted above, we received no comments from any 
party.

Final Results of Review

    As a result of our review, we determine that Beslen had a zero 
weighted-average margin for the period July 1, 1999 through December 
31, 1999.

Assessment Rate

    Pursuant to 19 CFR 351.212(b), the Department calculated an 
assessment rate for each importer of the subject merchandise. For 
assessment purposes, we calculated importer-specific assessment rates 
for the subject merchandise by aggregating the dumping margins for all 
U.S. sales to each importer and dividing the amount by the total 
entered value of the sales to that importer. Where appropriate, in 
order to calculate the entered value, we subtracted international 
movement expenses (e.g., international freight) from the gross sales 
value. Where the importer-specific assessment rate is above de minimis 
we will instruct Customs to assess antidumping duties

[[Page 14542]]

on that importer's entries of subject merchandise.

Cash Deposit Requirements

    The following deposit rates will be effective upon publication of 
the final results of this new shipper review for all shipments of 
certain pasta from Turkey 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) The cash deposit rate for Beslen will be 
zero; (2) for previously reviewed or investigated companies, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recent final results in which that 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 
(``LTFV'') investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent final results for 
the manufacturer of the merchandise; and (4) if neither the exporter 
nor the manufacturer is a firm covered in this or any previous review 
conducted by the Department, the cash deposit rate will be 51.49 
percent, the ``All Others'' rate established in the LTFV investigation. 
See Notice of Antidumping Duty Order and Amended Final Determination of 
Sales at Less Than Fair Value: Certain Pasta from Turkey, 61 FR 38546 
(July 24, 1996).
    These cash deposit requirements, when imposed, shall remain in 
effect until publication of the final results of the next 
administrative review.

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a 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. Timely notification of return/
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.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act (19 USC 1675(a)(1) and 19 
USC 1677f(i)(1)).

    Dated: March 6, 2001.
Timothy J. Hauser,
Acting Under Secretary for International Trade.
[FR Doc. 01-6225 Filed 3-12-01; 8:45 am]
BILLING CODE 3510-DS-P