[Federal Register Volume 74, Number 202 (Wednesday, October 21, 2009)]
[Notices]
[Pages 54022-54023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25344]


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DEPARTMENT OF COMMERCE

International Trade Administration

C-489-806


Certain Pasta From Turkey: Final Results of Countervailing Duty 
Changed Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 28, 2009, the Department of Commerce (``the 
Department'') published a notice of initiation of a changed 
circumstances review (``CCR'') of the countervailing duty (``CVD'') 
order on certain pasta from Turkey as requested by Marsan Gida Sanayi 
ve Ticret A.S. (``Marsan''). See Notice of Initiation of Countervailing 
Duty Changed Circumstances Review: Certain Pasta from Turkey, 74 FR 
4938 (January 28, 2009) (``Initiation Notice''). On September 15, 2009, 
we published our preliminary results of the CVD CCR. See Certain Pasta 
From Turkey: Preliminary Results of Countervailing Duty Changed 
Circumstances Review, 74 FR 47225 (September 15, 2009) (``Preliminary 
Results''). Pursuant to the new criteria outlined in the Preliminary 
Results, we preliminarily found that Marsan is not the successor to 
Gidasa Sabanci Gida Sanayi ve Ticaret A.S. (``Gidasa'') for purposes of 
the CVD cash deposit rates. We invited interested parties to comment on 
these preliminary results and we received comments from Marsan. For the 
final results, we continue to find that Marsan is not the successor to 
Gidasa, for purposes of the CVD cash deposit rates, and therefore its 
merchandise should continue to enter under the ``all others'' cash 
deposit rate.

EFFECTIVE DATE: October 21, 2009.

FOR FURTHER INFORMATION CONTACT: Shelly Atkinson, or Brandon Farlander, 
AD/CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue, 
NW, Washington, DC 20230; telephone: (202) 482-0116 or (202) 482-0182, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 24, 1996, the Department published in the Federal Register 
the order on certain pasta from Turkey. See Notice of Countervailing 
Duty Order: Certain Pasta (``Pasta'') From Turkey, 61 FR 38546 (July 
24, 1996). On December 3, 2008, Marsan requested that the Department 
initiate and conduct expedited CCRs to determine that, for purposes of 
the antidumping duty (``AD'') and CVD cash deposit rates, Marsan is the 
successor to Gidasa. See Marsan's December 3, 2008, submission 
entitled, ``Pasta from Turkey: Request for Expedited Changed 
Circumstances Review of AD/CVD Orders'' (``CCR Request''). On January 
28, 2009, the Department published a notice of initiation of a CCR of 
the CVD order for Marsan. See Initiation Notice. On April 16, 2009, the 
Department requested additional information and issued a questionnaire 
to Marsan, to which it responded on May 1, 2009. See Marsan's May 1, 
2009, response entitled, ``Pasta from Turkey: Marsan response to the 
supplemental questionnaire.''
    On April 14, 2009, and June 2, 2009, the Department published its 
preliminary and final results, respectively, for the CCR of the AD 
order on certain pasta from Turkey and found that Marsan was the 
successor-in-interest to Gidasa for AD cash deposit purposes. See 
Certain Pasta from Turkey: Notice of Preliminary Results of Antidumping 
Duty Changed Circumstances Review, 74 FR 17153 (April 14, 2009); 
Certain Pasta from Turkey: Notice of Final Results of Antidumping Duty 
Changed Circumstances Review, 74 FR 26373 (June 2, 2009). On September 
15, 2009, the Department published the preliminary results of the CVD 
CCR of the CVD order on pasta from Turkey and preliminarily found that, 
based on the Department's new methodology and criteria to analyze 
successorship claims in CVD CCRs, Marsan was not the successor to 
Gidasa, for purposes of the CVD cash deposit rate, and therefore its 
merchandise should continue to enter under the ``all others'' cash 
deposit rate. See Preliminary Results. We invited

[[Page 54023]]

parties to comment on our preliminary results and received comments 
from Marsan on September 24, 2009. We did not receive any rebuttal 
comments.

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.

Final Results of Changed Circumstances Review

    For the final results, we are hereby adopting our methodology and 
findings from the Preliminary Results. We continue to find that 
Marsan's merchandise is not entitled to enter under the CVD cash 
deposit rate previously established in the last CVD administrative 
review of Gidasa. Accordingly, we determine that Marsan's merchandise 
should continue to enter under the ``all others'' CVD cash deposit rate 
of 9.38 percent.
    All issues raised in the case brief filed by Marsan are addressed 
in the Issues and Decision Memorandum for the Final Results of the 
Countervailing Duty Changed Circumstances Review on Certain Pasta from 
Turkey (``Issues and Decision Memorandum''), which is dated 
concurrently with and hereby adopted by this notice. Attached to this 
notice as an appendix is a list of the issues which the interested 
party raised and to which we have responded in the Issues and Decision 
Memorandum. Parties can find a complete discussion of all issues raised 
in this review and the corresponding recommendations in this public 
memorandum, which is on file in the Department's Central Records Unit 
in Room 1117 of the main Department building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the Web at http://ia.ita.doc.gov/frn/index.html. The paper copy and 
electronic version of the Issues and Decision Memorandum are identical 
in content.

Notification

    This notice serves as a final reminder to parties to administrative 
protective orders (``APO's) of their responsibility concerning the 
disposition of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305(a)(3). Failure to timely notify the 
Department in writing of the return/destruction of APO material is a 
sanctionable violation.
    We are issuing and publishing these results and notice in 
accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Act and 
19 CFR 351.216.

    Dated: October 13, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

APPENDIX

List of Comments and Issues in the Issues and Decision Memorandum

Comment 1: Whether the Facts of the Case Warrant a Finding of 
Successorship
Comment 2: Whether Marsan was Denied Procedural Due Process
Comment 3: Whether the Department's New Policy Furthers the Goals of 
the Statute
[FR Doc. E9-25344 Filed 10-20-09; 8:45 am]
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