[Federal Register Volume 68, Number 28 (Tuesday, February 11, 2003)]
[Notices]
[Pages 6880-6882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3282]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-805]


Certain Pasta from Turkey: Final Results of Antidumping Duty 
Administrative Review and Determination Not to Revoke the Antidumping 
Duty Order in Part

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

ACTION: Notice of Final Results of Antidumping Duty Administrative 
Review and Determination Not to Revoke the Antidumping Duty Order in 
Part: Certain Pasta from Turkey.

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SUMMARY: On August 7, 2002, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain pasta from Turkey. This review covers 
one exporter/producer of subject merchandise, Filiz Gida Sanayi ve 
Ticaret A.S. (Filiz). The period of review (POR) is July 1, 2000, 
through June 30, 2001. Based on our analysis of the comments received, 
these final results differ from the preliminary results. The final 
results are listed in the section ``Final Results of Review.'' We are 
not revoking the antidumping order with respect to Filiz, because Filiz 
has not had three years of sales in commercial quantities at less than 
normal value. See the ``Determination Not to Revoke'' section of this 
notice.

EFFECTIVE DATE: February 11, 2003.

FOR FURTHER INFORMATION CONTACT: Lyman Armstrong or Alicia Kinsey, AD/
CVD Enforcement, Office VI, Group II, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230; 
telephone: (202) 482-3601 or (202) 482-4793, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 7, 2002, the Department published the preliminary results 
of its administrative review of the antidumping duty order on pasta 
from Turkey. See Certain Pasta from Turkey: Notice of Preliminary 
Results of Antidumping Duty Administrative Review and Notice of Intent 
Not To Revoke Order in Part, 67 FR 51194 (August 7, 2002) (Preliminary 
Results). The review covers one manufacturer/exporter. The POR is July 
1, 2000, through June 30, 2001. We invited parties to comment on our 
preliminary results of review. We received case briefs from Filiz and 
petitioners\1\ on September 19, 2002. We received a rebuttal brief from 
Filiz on September 26, 2002. On December 2, 2002, the Department 
published a notice postponing the final results of this review until 
February 3, 2003 (67 FR 71534). The Department has conducted this 
administrative review in accordance with section 751(a) of the Tariff 
Act of 1930, as amended (the Act).
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    \1\ The petitioners are New World Pasta Co., Dakota Growers 
Pasta Co., Borden Foods Corporation, and American Italian Pasta Co.
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Scope of Review

    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. 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

[[Page 6881]]

merchandise subject to the order 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, Program Manager, to Richard 
Moreland, Deputy Assistant Secretary, Concerning Final Scope Ruling, 
dated May 24, 1999, in the case file in the Central Records Unit, main 
Commerce building, room B-099 (the CRU).

Determination Not to Revoke

    In the Preliminary Results of this review, we found that because 
Filiz had not sold subject merchandise in the United Sates for three 
years in commercial quantities within the meaning of 19 CFR 351.222(e), 
Filiz did not qualify for revocation. See Preliminary Results at 51197. 
Neither Filiz nor petitioners commented on this issue in their case 
briefs. Thus, we determine not to revoke this order with respect to 
Filiz.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum for the Fifth Antidumping Duty Administrative Review 
(Decision Memorandum) from Bernard Carreau, Deputy Assistant Secretary 
for Import Administration, to Faryar Shirzad, Assistant Secretary for 
Import Administration, dated concurrently with this notice, which is 
hereby adopted by this notice. A list of the issues which parties have 
raised, and to which we have responded in the Decision Memorandum, is 
attached to this notice as an Appendix. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendations in this public memorandum, which is on file in the CRU. 
In addition, a complete version of the Decision Memorandum can be 
accessed on the Web at http://ia.ita.doc.gov. The paper copy and the 
electronic version of the Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculations. We calculated the export price and 
normal value using the same methodology described in the Preliminary 
Results, except as follows:
[sbull] The home market insurance field (i.e., INSURH) reported by 
Filiz was converted from metric tons to kilograms.
[sbull] The Department has corrected the packing cost for one control 
number reported in the cost of production database to reflect changes 
in the U.S. sales database.
[sbull] The home market discount field (i.e., UMER2DISH) reported by 
Filiz was deleted from the margin calculation program.
[sbull] The brand field submitted by Filiz has been omitted as a model 
match criterion.
    These changes are discussed in the relevant sections of the 
Decision Memorandum.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average percentage margin exists for the period July 1, 2000, 
through June 30, 2001:

------------------------------------------------------------------------
                Manufacturer/exporter                   Margin (percent)
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Filiz Gida Sanayi ve Ticaret A.S.....................               0.00
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Assessment Rate

    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b), we have calculated importer-specific assessment rates 
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 the importer-specific assessment rate is above de 
minimis, we will instruct Customs to assess antidumping duties on that 
importer's entries of subject merchandise. We will direct Customs to 
assess the resulting percentage margins against the entered Customs 
values for the subject merchandise on each of that importer's entries 
under the order during the POR.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative 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)(1) of the Act: (1) the cash deposit rate for 
the reviewed company is de minimis or zero and we will instruct Customs 
not to collect cash deposits; (2) for previously reviewed or 
investigated companies not listed above, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (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 period for the manufacturer of 
the merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to 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 38545 (July 24, 
1996). These deposit requirements shall remain in effect until 
publication of the final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 doubled 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.
    We are issuing and publishing this determination and notice in 
accordance with sections section 751(a)(1) and 777(i)(1) of the Act.


[[Page 6882]]


    Dated: February 3, 2003.
Faryar Shirzad,
Assistant Secretary for Import Administration.

APPENDIX I

List of Comments and Issues in the Decision Memorandum

[sbull] Conversion of Filiz's Insurance Expense to Turkish Lira per 
Kilogram
[sbull] Clerical Error in Packing Cost in Filiz's Cost of Production 
(COP) Database
[sbull] Calculation of the Countervailing Duty (CVD) Field
[sbull] Inclusion of the Brand of Pasta in Product Match 
Characteristics
[sbull] Allowance of Certain Discounts on Filiz's Home Market Sales
[sbull] Adjustment of Filiz's COP to Reflect Actual Cost of Vitamins
[sbull] Revision of Filiz's COP to Reflect Verified Production Yields
[sbull] Revision of Filiz's COP to Reflect Depreciation Revaluation
[sbull] Clerical Errors Regarding Filiz's Foreign Exchange Gains and 
Losses
[FR Doc. 03-3282 Filed 2-10-03; 8:45 am]
BILLING CODE 3510-DS-S