[Federal Register Volume 69, Number 5 (Thursday, January 8, 2004)]
[Notices]
[Pages 1280-1281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-364]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-805 and 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.

-----------------------------------------------------------------------

SUMMARY:  On November 17, 2003, the Department of Commerce published in 
the Federal Register, the initiation and preliminary results of the 
changed circumstances administrative reviews examining whether Tat 
Konserve Sanayi A.S. is the successor-in-interest to Pastavilla 
Makarnacilik Sanayi ve Ticaret A.S. We gave interested parties an 
opportunity to comment on the preliminary results of these reviews, but 
received no comments. The Department has now completed these reviews in 
accordance with section 751(b)(1) of the Tariff Act of 1930, as 
amended. For the final results, the Department of Commerce continues to 
find that Tat Konserve Sanayi A.S. is the successor-in-interest to 
Pastavilla Makarnacilik Sanayi ve Ticaret A.S.

DATES: January 8, 2004.

FOR FURTHER INFORMATION CONTACT:  Melanie Brown (Countervailing) or 
Lyman Armstrong (Antidumping), 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) 482-4987, or (202) 482-3601, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 17, 2003, the Department of Commerce (``the 
Department'') published the initiation and the preliminary results of 
these changed circumstances reviews, finding that Tat Konserve Sanayi 
A.S. (``Tat'') is the successor-in-interest to Pastavilla Makarnacilik 
Sanayi ve Ticaret A.S. (``Pastavilla''), and should receive the same 
antidumping and countervailing duty treatment accorded Pastavilla. See 
Notice of Initiation and Preliminary Results of Changed Circumstances 
Antidumping and Countervailing Duty Administrative Reviews: Certain 
Pasta from Turkey (``Preliminary Results''), 68 FR 64856 (November 17, 
2003). We gave interested parties 30 days to comment on our preliminary 
results. No interested parties provided comments.

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.

Final Results

    On the basis of the record developed in these changed circumstances 
reviews, we find Tat to be the successor-in-interest to Pastavilla for 
purposes of determining antidumping and countervailing duty liability. 
For a complete discussion of the basis for this decision see the 
Preliminary Results. Because we received no comments from any party on 
the Preliminary Results, we have adopted the same position for these 
final results. Therefore, Tat shall

[[Page 1281]]

retain the antidumping and countervailing duty cash deposit rates 
assigned to Pastavilla by the Department in the most recent 
administrative reviews of the subject merchandise. These cash deposit 
rates are effective for all shipments of the subject merchandise from 
Tat entered, or withdrawn from warehouse, for consumption on or after 
the publication date of this notice.
    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: December 30, 2003.
James J. Jochum,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-364 Filed 1-7-04; 8:45 am]
BILLING CODE 3510-DS-S