[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Notices]
[Pages 68399-68400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28563]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-805]


Certain Pasta From Turkey: Notice of Final Results of the 14th 
Antidumping Duty Administrative Review

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

SUMMARY: On April 29, 2011, the Department of Commerce (the Department) 
published the preliminary results of the 14th administrative review for 
the antidumping duty order on certain pasta from Turkey (pasta).\1\ The 
review covers one exporter: Marsan Gida Sanayi ve Ticaret A.S. 
(Marsan). The period of review (POR) is July 1, 2009, through June 30, 
2010.
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    \1\ See Certain Pasta From Turkey: Notice of Preliminary Results 
of Antidumping Duty Administrative Review, 76 FR 23974 (April 29, 
2011) (Preliminary Results).
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    As a result of our analysis of the comments received, the final 
results remain the same as the Preliminary Results. The Department 
continues to find that Marsan had no shipments to the United States 
during the POR for which it was the first party with knowledge of U.S. 
destination. Because ``as entered'' liquidation instructions do not 
alleviate the concerns which the May 6, 2003, ``automatic assessment'' 
clarification was intended to address,\2\ we continue to find it 
appropriate in this case to instruct Customs and Border Protection 
(CBP) to liquidate any existing entries of merchandise produced by 
Birlik and exported by Marsan at the rate applicable to Birlik, i.e., 
the all-others rate from the investigation of 51.49 percent. See 
Preliminary Results, 76 FR at 23977-78.
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    \2\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954, 23954 (May 6, 2003) 
(Assessment of Antidumping Duties).

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DATES: Effective Date: November 4, 2011.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-3692.

SUPPLEMENTARY INFORMATION:

Background

    On April 29, 2011, the Department published the preliminary results 
of administrative review of the antidumping duty order on certain pasta 
from Turkey, and we invited parties to comment on the Preliminary 
Results. On May 27, 2011, Marsan submitted a case brief, and on June 9, 
2011, petitioners \3\ submitted a rebuttal brief.\4\ On June 27, 2011, 
the Department held a public hearing.
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    \3\ New World Pasta Company, American Italian Pasta Company, and 
Dakota Growers Pasta Company (collectively, petitioners).
    \4\ On June 3, 2011, petitioners requested an extension until 
June 9, 2011, to file its rebuttal brief. On June 6, 2011, the 
Department granted the extension.
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Scope of the 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.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum which is hereby adopted by this notice. A list of the issues 
raised is attached to this notice as Appendix I. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Import Administration's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS). Access to IA ACCESS 
is also available in the Central Records Unit (CRU), room 7046 of the 
main Department of Commerce building. In addition, a complete version 
of the Issues and Decision Memorandum can be accessed directly on the 
Internet at http://www.trade.gov/ia/. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues and

[[Page 68400]]

Decision Memorandum are identical in content.

Final Results of Review

    We determine that an analysis of the comments received on the 
Preliminary Results do not warrant any changes in these final results. 
The Department clarified its ``automatic assessment'' regulation on May 
6, 2003. As explained in the ``automatic assessment'' clarification, 
if, in the course of an administrative review, the Department 
determines that the producer knew, or should have known, that the 
merchandise it sold to the reseller was destined for the United States, 
the reseller's merchandise will be liquidated at the producer's 
assessment rate which the Department calculates for the producer in the 
review.\5\ However, because Birlik, the producer, does not have its own 
rate, we will instruct CBP to liquidate entries at the ``all-others'' 
rate from the investigation of 51.49 percent, in accordance with the 
reseller policy.
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    \5\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment of Antidumping Duties). See also Magnesium Metal From 
the Russian Federation: Final Results of Antidumping Duty 
Administrative Review, 75 FR 56989, 56989-56990 (September 17, 
2010).
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Duty Assessment

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries, in accordance with 19 CFR 
351.212(b)(1). The Department will issue appropriate appraisement 
instructions for the company subject to this review directly to CBP 15 
days after the date of publication of these final results of review.
    We determine that Marsan was not the first party in the transaction 
chain to have knowledge that the merchandise was destined for the 
United States, and thus Marsan is not considered the exporter of 
subject merchandise during the POR for purposes of this review. In 
accordance with the 1997 regulations concerning no shipment 
respondents, the Department's practice had been to rescind the 
administrative review.\6\ As a result, in such circumstances, we 
normally instruct CBP to liquidate any entries from the no-shipment 
company at the deposit rate in effect on the date of entry. However, in 
our May 6, 2003, ``automatic assessment'' clarification, we explained 
that, where respondents in an administrative review demonstrate that 
they had no knowledge of sales through resellers to the United States, 
we would instruct CBP to liquidate such entries at the all-others rate 
applicable to the proceeding.\7\
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    \6\ See Antidumping Duties: Countervailing Duties, 62 FR 27296, 
27393 (May 19, 1997).
    \7\ See Assessment of Antidumping Duties.
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    The Department finds that Marsan had no shipments to the United 
States during the POR for which it was the first party with knowledge 
of U.S. destination. Because ``as entered'' liquidation instructions do 
not alleviate the concerns which the May 2003 clarification was 
intended to address, we find it appropriate in this case to instruct 
CBP to liquidate any existing entries of merchandise produced by Birlik 
and exported by Marsan at the rate applicable to Birlik.\8\ However, 
because Birlik does not have its own rate, we shall instruct CBP to 
liquidate entries at the ``all-others'' rate from the investigation of 
51.49 percent,\9\ in accordance with the reseller policy.
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    \8\ See, e.g., Certain Frozen Warmwater Shrimp from India: 
Partial Rescission of Antidumping Duty Administrative Review, 73 FR 
77610, 77612 (December 19, 2008).
    \9\ See Notice of Antidumping Duty Order and Amended Final 
Determination of Sales at Less Than Fair Value: Certain Pasta From 
Turkey, 61 FR 38545 (July 24, 1996).
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Cash Deposit Requirements

    The following deposit rates will be effective upon publication of 
the final results of this administrative review for all shipments of 
certain pasta from Turkey entered, or withdrawn from warehouse, for 
consumption on or after the publication date, as provided by section 
751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): (1) For 
Marsan, and for previously reviewed or investigated companies, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recent final results in which that manufacturer or 
exporter (or its predecessor-in-interest) participated; (2) if the 
exporter is not a firm covered in these reviews, a prior review, or the 
original less-than-fair-value (LTFV) investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent final results for the manufacturer of the merchandise; 
and (3) if neither the exporter nor the manufacturer is a firm covered 
in this or any previous review or the LTFV conducted by the Department, 
the cash deposit rate will be 51.49 percent, the all-others rate 
established in the LTFV.\10\ These cash deposit requirements shall 
remain in effect until further notice.
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    \10\ See id.
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping 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 duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    This notice also serves as a reminder to parties subject to 
administrative protective orders (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 terms of an APO is a sanctionable violation.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

     Dated: October 26, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

List of Comments in the Issues and Decision Memorandum

Comment 1: Whether Marsan is affiliated with Birlik/Bellini.
Comment 2: Whether the review covered Marsan and its affiliates.
Comment 3: Whether the application of the reseller policy was 
unlawful.

[FR Doc. 2011-28563 Filed 11-3-11; 8:45 am]
BILLING CODE 3510-DS-M