[Federal Register Volume 68, Number 134 (Monday, July 14, 2003)]
[Notices]
[Pages 41554-41555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17747]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-805; C-489-806]


Notice of Final Results of Changed Circumstances Antidumping and 
Countervailing Duty Administrative Reviews: Certain Pasta From Turkey

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

ACTION: Notice of final results of changed circumstances antidumping 
and countervailing duty administrative reviews.

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SUMMARY: On April 7, 2003, the Department of Commerce (the Department) 
published the notice of preliminary results of its changed 
circumstances reviews examining whether Gidasa Sabanci Gida Sanayi ve 
Ticaret A.S. (Gidasa) is the successor-in-interest to Maktas 
Makarnacilik ve Ticaret A.S. (Maktas) for purposes of determining 
antidumping and countervailing duty liability. (See Notice of 
Initiation and Preliminary Results of Changed Circumstances Antidumping 
and Countervailing Duty Administrative Reviews: Certain Pasta from 
Turkey, 68 FR 16761 (Preliminary Results)). As a result of these 
reviews, the Department finds that Gidasa is the successor-in-interest 
to Maktas, and Gidasa should retain the deposit rates assigned to 
Maktas by the Department in the most recently completed antidumping and 
countervailing duty administrative reviews.

EFFECTIVE DATE: July 14, 2003.

FOR FURTHER INFORMATION CONTACT: Mark Young or Eric Greynolds 
(Antidumping) or Jennifer Jones (Countervailing), Office of AD/CVD 
Enforcement, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-6397,

[[Page 41555]]

(202) 482-6071, or (202) 482-1664, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act. In addition, unless otherwise indicated, 
all citations to the Department's regulations refer to the regulations 
codified at 19 CFR part 351 (2002).

Background

    On July 24, 1996, the Department published in the Federal Register 
the antidumping and countervailing duty orders on pasta from Turkey (61 
FR 38545-38547). On February 12, 2003, Gidasa submitted information 
stating that Gidasa is the successor-in-interest to Maktas and, as 
such, Gidasa is entitled to receive the same antidumping and 
countervailing duty treatment as is accorded Maktas. On March 5, 2003, 
petitioners entered their appearance and objected to an expedited 
treatment of these changed circumstances reviews on the basis that such 
treatment would preclude a ``full and meaningful'' participation of all 
parties. Subsequently, on March 7, 2003, Gidasa submitted comments on 
petitioners' objections and provided further support for its expedited 
treatment request. On April 7, 2003, the Department published the 
initiation and the preliminary results of its changed circumstances 
reviews in the above-named case. See Preliminary Results (68 FR 16761). 
We gave interested parties 30 days to comment on our preliminary 
results. However, no interested parties have provided comments or 
requested a hearing.

Scope of the Reviews

    Imports covered by these reviews 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 these reviews 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 orders is dispositive.
Scope Rulings
    The Department has issued the following scope ruling to date:
    (1) 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 Brinkman to Richard Moreland, dated 
May 24, 1999, in the case file in the Central Records Unit, main 
Commerce building, room B-099 (the CRU).

Successorship and Final Results of Reviews

    On the basis of the record developed in these changed circumstances 
reviews, we determine Gidasa to be the successor-in-interest to Maktas 
for purposes of determining antidumping and countervailing duty 
liability. For a complete discussion of the basis for this decision see 
the Preliminary Results (68 FR 16761, April 17, 2003). We received no 
comments from any party on the Preliminary Results and, therefore, have 
adopted the same position for these final results. Therefore, Gidasa 
shall retain the antidumping and countervailing duty deposit rates 
assigned to Maktas by the Department in the most recent administrative 
reviews of the subject merchandise. This cash deposit rate is effective 
for all shipments of the subject merchandise from Gidasa entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date of this notice.
    This notice also serves as a final reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Failure to timely notify 
the Department in writing of the return/destruction of APO material is 
a sanctionable violation.
    We are issuing and publishing these results and notice in 
accordance with sections 751(b)(1) and 777(i)(1) of the Tariff Act of 
1930, as amended, and 19 CFR 351.216 and 19 CFR 351.221(c)(3).

    Dated: July 8, 2003.
Jeffrey May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-17747 Filed 7-11-03; 8:45 am]
BILLING CODE 3510-DS-P