[Federal Register Volume 71, Number 173 (Thursday, September 7, 2006)]
[Notices]
[Pages 52774-52775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14844]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-806]


Certain Pasta from Turkey: Final Results of Countervailing Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 9, 2006, the U.S. Department of Commerce (``the 
Department'') published in the Federal Register its preliminary results 
of the administrative review of the countervailing duty order on 
certain pasta from Turkey for the period January 1, 2004, through 
December 31, 2004. See Certain Pasta From Turkey: Preliminary Results 
of Countervailing Duty Administrative Review, 71 FR 33439 (June 9, 
2006) (``Preliminary Results''). We preliminarily found that Gidasa 
Sabanci Gida Sanayi ve Ticaret A.S. (``Gidasa'') did not receive 
countervailable subsidies during the period of review. We did not 
receive any comments on our preliminary results, and we have made no 
revisions.

EFFECTIVE DATE: September 7, 2006.

FOR FURTHER INFORMATION CONTACT: Audrey Twyman or Brandon Farlander, 
AD/CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3534 and (202) 482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 24, 1996, the Department published in the Federal Register 
the 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 June 9, 2006, the Department published in the 
Federal Register its preliminary results of the administrative review 
of the countervailing duty order on certain pasta from Turkey for the 
period January 1, 2004, through December 31, 2004. See Preliminary 
Results. In accordance with 19 CFR 351.213(b), this review of the order 
covers Gidasa, a producer and exporter of subject merchandise.
    In the Preliminary Results, we invited interested parties to submit 
briefs or request a hearing. The Department did not conduct a hearing 
in this review because none was requested, and no briefs were received.

Scope of Order

    Covered by the order 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 order is typically sold in the retail market, in 
fiberboard or cardboard cartons or polyethylene or polypropylene bags, 
of varying dimensions.
    Excluded from the order 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 under review is currently classifiable under 
subheading 1902.19.20 of the Harmonized Tariff Schedule of the United 
States (``HTSUS''). Although the HTSUS subheading is provided for 
convenience and customs purposes, our written description of the scope 
of the order is dispositive.

Scope Ruling

    To date, the Department has issued the following scope ruling:
    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 may be within the scope of the 
countervailing duty order. 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 countervailing duty order. See Memorandum from 
John Brinkmann to Richard Moreland, dated May 24, 1999, which is on 
file in the Central Records Unit (``CRU'') in Room B-099 of the main 
Commerce building.

Period of Review

    The period of review (``POR'') for which we are measuring subsidies 
is from January 1, 2004, through December 31, 2004.

Final Results of Review

    As noted above, the Department received no comments concerning the 
preliminary results; consistent with the preliminary results, we find 
that Gidasa did not receive countervailable subsidies during the POR. 
As there have been no changes or comments from the preliminary results 
we are not attaching a Decision Memorandum to this Federal Register 
notice. For further details of the

[[Page 52775]]

programs included in this proceeding, see the Preliminary Results.

------------------------------------------------------------------------
                       Company                          Ad valorem rate
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Gidasa Sabanci Gida Sanayi ve Ticaret A.S...........        0.00 percent
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Assessment Rates/Cash Deposits

    Because Gidasa did not receive countervailable subsidies during the 
POR, we will instruct U.S. Customs and Border Protection (``CBP'') to 
liquidate all of Gidasa's entries without regard to countervailing 
duties. Also, since Gidasa has a zero countervailable subsidy rate, the 
Department will instruct CBP to continue to suspend liquidation of 
entries, but to collect no cash deposits of estimated countervailing 
duties for Gidasa on all shipments of the subject merchandise that are 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this administrative review.
    For all non-reviewed companies, the Department has instructed CBP 
to assess countervailing duties at the cash deposit rates in effect at 
the time of entry, for entries between January 1, 2004, and December 
31, 2004. The cash deposit rates for all companies not covered by this 
review are not changed by the results of this review.

Return or Destruction of Proprietary Information

    This notice 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 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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 31, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-14844 Filed 9-6-06; 8:45 am]
BILLING CODE 3510-DS-S