[Federal Register Volume 68, Number 228 (Wednesday, November 26, 2003)]
[Notices]
[Pages 66399-66400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29601]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-806]


Certain Pasta from Turkey: Notice of Rescission of Countervailing 
Duty Administrative Review

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

ACTION: Notice of Rescission of Countervailing Duty Administrative 
Review.

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SUMMARY: In response to a request made on July 31, 2003, by Gidasa 
Sabanci Gida Sanayi ve Ticaret A.S., a producer/exporter of certain 
pasta from Turkey, the Department of Commerce initiated an 
administrative review of the countervailing duty order on certain pasta 
from Turkey, covering the period January 1, 2002, through December 31, 
2002. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 68 FR 50750 
(August 22, 2003). As a result of a timely withdrawal of the request 
for review by Gidasa Sabanci Gida Sanayi ve Ticaret, A.S., we are 
rescinding this review.

EFFECTIVE DATE: November 26, 2003.

FOR FURTHER INFORMATION CONTACT:  Melanie Brown, AD/CVD Enforcement, 
Group I, Office 1, Import Administration, U.S. Department of Commerce, 
14th Street and Constitution Avenue, NW, Washington, DC 20230; 
telephone: (202) 482-4987.

SUPPLEMENTARY INFORMATION:

Background

    On July 24, 1996, the Department of Commerce (``the Department'') 
published a countervailing duty order on certain pasta from Turkey. See 
Notice of Countervailing Duty Order: Certain Pasta from Turkey, 61 FR 
38546 (July 24, 1996). On July 31, 2003, Gidasa Sabanci Gida Sanayi ve 
Ticaret, A.S. (``Gidasa''), a producer/exporter of certain pasta from 
Turkey, requested an administrative review of the countervailing duty 
order on certain pasta from Turkey for the relevant period. In 
accordance with 19 CFR 351.221(c)(1)(i), we initiated the review on 
August 22, 2003 (68 FR 50750). On November 3, 2003, Gidasa withdrew its 
request for review.

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

[[Page 66400]]

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.

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 Brinkmann to Richard Moreland, dated 
May 24, 1999, in the case file in the Central Records Unit, main 
Commerce building, room B-099 (``CRU'').

Rescission of Administrative Review

    The Department's regulations, at 19 CFR 351.213(d)(1), provide that 
the Department will rescind an administrative review if the party that 
requested a review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. Gidasa 
withdrew its request for an administrative review on November 3, 2003, 
which is within the 90-day deadline. No other party requested a review 
of Gidasa's sales. Therefore, the Department is rescinding this 
administrative review.
    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(a)(3). 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 the terms of an APO is a sanctionable 
violation.
    This notice is issued and published in accordance with 19 CFR 
351.213(d)(4).

    Dated: November 17, 2003.
Jeffrey May,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 03-29601 Filed 11-25-03; 8:45 am]
BILLING CODE 3510-DS-S