[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Notices]
[Pages 60356-60357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2557]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-805]


Certain Pasta From Turkey: Notice of Rescission of Antidumping 
Duty Administrative Review

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

ACTION: Notice of rescission of antidumping duty administrative review.

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SUMMARY: In response to a request by the petitioners, New World Pasta 
Company, American Italian Pasta Company, and Dakota Growers Pasta 
Company (the Petitioners), the Department of Commerce (the Department) 
initiated an administrative review of the antidumping duty order on 
certain pasta (pasta) from Turkey for the period July 1, 2003, through 
June 30, 2004. For the reason discussed below, we are rescinding this 
administrative review.

EFFECTIVE DATE: October 8, 2004.

FOR FURTHER INFORMATION CONTACT: James Terpstra or Dennis McClure, 
Office 3, AD/CVD Operations, 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) 482-5973, respectively.

SUPPLEMENTARY INFORMATION:

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 merchandise subject to 
the order is dispositive.

Background

    On July 1, 2004, the Department published a notice of opportunity 
to request an administrative review of the antidumping duty order on 
certain pasta from Turkey. See Antidumping or Countervailing Duty 
Order, Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 69 FR 39903 (July 1, 2004). On August 30, 2004, 
pursuant to a request made by the Petitioners, the Department initiated 
an administrative review of Tat Konserve, A.S. and Filiz Gida Sanayi ve 
Ticaret, A.S. under the antidumping duty order on certain pasta from 
Turkey. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 69 FR 52857 
(August 30, 2004). On September 21, 2004, the Petitioners timely 
withdrew their request for an administrative review of certain pasta 
from Turkey.

Rescission of Review

    If a party that requested a review withdraws the request within 90 
days of the date of publication of notice of initiation of the 
requested review, the Secretary will rescind the review pursuant to 19 
CFR 351.213(d)(1). In this case, the Petitioners withdrew their request 
for an administrative review within 90 days from the date of 
initiation. No other interested party requested a review and we have 
received no comments regarding the Petitioner's withdrawal of their 
request for a review. Therefore, we are rescinding this review of the 
antidumping duty order on certain pasta from Turkey.
    The Department will issue appropriate assessment instructions 
directly to U.S. Customs and Border Protection (CBP) within 15 days of 
the publication of this notice. The Department will direct CBP to 
assess antidumping duties for each company at the cash deposit rate in 
effect on the date of entry for entries during the period July 1, 2003, 
through June 30, 2004.

[[Page 60357]]

Notification to Importers

    This notice 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 and countervailing 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 and countervailing duties 
occurred and the subsequent increase in antidumping duties by the 
amount of antidumping and countervailing duties reimbursed.
    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/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 in accordance with section 777(i)(1) of the Act and 
19 CFR 251.213(d)(4).

    Dated: October 4, 2004.
Jeffrey A. May,
Deputy Assistant Secretary for Import Administration.
 [FR Doc. E4-2557 Filed 10-7-04; 8:45 am]
BILLING CODE 3510-DS-P