[Federal Register Volume 72, Number 23 (Monday, February 5, 2007)]
[Notices]
[Pages 5269-5271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1813]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-806]


Certain Pasta From Turkey: Final Results of Expedited Five-Year 
(``Sunset'') Review of the Countervailing Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 2, 2006, the Department of Commerce (``the 
Department'') published in the Federal Register the notice of 
initiation of the second five-year sunset review of the countervailing 
duty order on certain pasta (``pasta'') from Turkey, pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See 
Initiation of Five-year (``Sunset'') Reviews, 71 FR

[[Page 5270]]

57921 (October 2, 2006) (``Second Sunset Review''). The Department has 
conducted an expedited sunset review of this order pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result 
of this sunset review, the Department finds that revocation of the 
countervailing duty order is likely to lead to continuation or 
recurrence of a countervailable subsidy at the levels indicated in the 
``Final Results of Review'' section of this notice.

EFFECTIVE DATE: February 5, 2007.

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

SUPPLEMENTARY INFORMATION:

Background

    The countervailing duty order which covers pasta from Turkey was 
published in the Federal Register on July 24, 1996. See Notice of 
Countervailing Duty Order: Certain Pasta (``Pasta'') From Turkey, 61 FR 
38546 (July 24, 1996). On October 2, 2006, the Department initiated the 
second sunset review of this order, pursuant to section 751(c) of the 
Act. See Second Sunset Review. The Department received a notice of 
intent to participate from the following domestic parties: A. Zerega's 
Sons, Inc.; American Italian Pasta Company; Dakota Growers Pasta 
Company, Inc.; New World Pasta Company; and Philadelphia Macaroni 
Company (collectively, ``domestic interested parties''), within the 
deadline specified in 19 CFR 351.218(d)(1)(i). The companies claimed 
interested party status under section 771(9)(C) of the Act, as 
manufacturers of a domestic-like product in the United States.
    The Department received a request for a 12-day extension of time 
from the Government of the Republic of Turkey (``GRT'') to submit its 
substantive response. The Department partially granted the GRT's 
request and extended the deadline for filing a substantive response to 
November 8, 2006. The same extension was also granted to the domestic 
interested parties, per their request. On November 8, 2006, the 
Department received complete substantive responses to the notice of 
initiation from the domestic interested parties and from the GRT.
    The Department did not receive any substantive responses from 
Turkish producers or exporters of the merchandise covered by this 
order. Based on the fact that a government's response alone, normally, 
is not sufficient for full sunset reviews in which the orders are not 
done on an aggregate basis, we determined to conduct an expedited (120 
day) sunset review of this order. See section 751(c)(3)(A) of the Act 
and 19 CFR 351.218(e)(1)(ii)(C)(2). See, e.g., Final Results of 
Expedited Sunset Reviews of Countervailing Duty Orders: Pure Magnesium 
and Alloy Magnesium from Canada, 70 FR 67140 (November 4, 2005). See 
also Letter to Robert Carpenter, Director, Office of Investigations, 
International Trade Commission, from Wendy Frankel, Director, Import 
Administration, Department of Commerce, regarding inadequate response 
to the notice of initiation from respondent interested parties 
(November 21, 2006); and Memorandum from Saliha Loucif, International 
Trade Compliance Analyst, to Susan Kuhbach, Office Director, Import 
Administration, Department of Commerce, regarding ``Adequacy 
Determination of the Second Sunset Review of the Countervailing Duty 
Order on Certain Pasta from Turkey'' (November 21, 2006).
    On January 19, 2007, the Department placed the calculation of the 
all-others rate from the investigation onto the record of this sunset 
review and allowed parties to comment. We received comment from 
domestic interested parties and the GRT on January 24, 2007. No hearing 
was held because none was requested.

Scope of the 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 
Department building.

Analysis of Comments Received

    All issues raised in substantive responses by parties in this 
sunset review are addressed in the ``Issues and Decision Memo for the 
Expedited Sunset Review of the Countervailing Duty Order on Certain 
Pasta from Turkey; Final Results,'' (``Decision Memo''), from Stephen 
J. Claeys, Deputy Assistant Secretary for Import Administration, to 
David M. Spooner, Assistant Secretary for Import Administration, dated 
January 30, 2007, which is hereby adopted by this notice. The issues 
discussed in the Decision Memo include the likelihood of continuation 
or recurrence of a countervailable subsidy, the net countervailable 
subsidy rate likely to prevail if the order were revoked, and the 
nature of the subsidies.
    Parties can find a complete discussion of all issues raised in this 
sunset review and the corresponding recommendation in this public 
memorandum which is on file in the CRU. In addition, a complete version 
of the Decision Memo can be accessed directly on the Department's Web 
page at http://ia.ita.doc.gov/frn/index.html. The paper copy and 
electronic version of the Decision Memo are identical in content.

Final Results of Review

    The Department determines that revocation of the countervailing 
duty order on pasta from Turkey is likely to lead to continuation or 
recurrence of countervailable subsidies at the following countervailing 
duty rates:

------------------------------------------------------------------------
                                                            Net Subsidy
                  Manufacturer/Exporter                   Rate (percent)
------------------------------------------------------------------------
Filiz Gida Sanayi ve Ticaret............................            3.03

[[Page 5271]]

 
Maktas Makarnacilik ve Ticaret/ Gidasa Gida San.Tic.A.S.            4.49
 1......................................................
Oba Makarnacilik Sanayi ve Ticaret......................           14.48
``All Others''..........................................           10.25
------------------------------------------------------------------------

Notification Regarding Administrative Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
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 terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(c), 752, and 777(i) of the Act.

    Dated: January 30, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-1813 Filed 2-2-07; 8:45 am]
BILLING CODE 3510-DS-P