[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Notices]
[Pages 2368-2369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00454]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818; A-489-805]


Certain Pasta From Italy and Turkey; Final Results of Expedited 
Third Sunset Reviews of the Antidumping Duty Orders

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

DATES: Effective Date: January 11, 2013.
SUMMARY: On September 4, 2012, the Department of Commerce (``the 
Department'') initiated five-year (``sunset'') reviews of the 
antidumping duty orders on certain pasta (``pasta'') from Italy and 
Turkey. As a result of these reviews, the Department finds that 
revocation of these antidumping orders would be likely to lead to 
continuation or recurrence of dumping at the levels indicated in the 
``Final Results of Reviews'' section of this notice.

FOR FURTHER INFORMATION CONTACT: James Terpstra, AD/CVD Operations, 
Office 8, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-3965.

SUPPLEMENTARY INFORMATION:

Background

    The Department published antidumping duty orders on pasta from 
Italy and Turkey in July 1996.\1\ On September 4, 2012, the Department 
initiated sunset reviews of those orders pursuant to section 751(c) of 
the Tariff Act of 1930, as amended (``the Act'').\2\ On September 20, 
2012, the Department received notices of intent to participate in these 
sunset reviews on behalf of New World Pasta Company, Dakota Growers 
Pasta Company, A. Zerga's Sons, Inc., Philadelphia Macaroni Company, 
and American Italian Pasta Company (collectively, ``the domestic 
interested parties''), within the applicable deadline specified in 19 
CFR 351.218(d)(1)(i). The domestic interested parties claimed 
interested party status under section 771(9)(C) of the Act, as 
producers of certain pasta in the United States.
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    \1\ See Notice of Antidumping Duty Order and Amended Final 
Determination of Sales at Less Than Fair Value: Certain Pasta From 
Italy, 61 FR 38547 (July 24, 1996) (``Italian Order''), and 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) (``Turkish Order'').
    \2\ See Notice of Initiation of Five-Year (Sunset) Reviews, 71 
FR 53867 (September 4, 2012).
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    On October 4, 2012, the Department received an adequate substantive 
response regarding Turkey from the domestic interested parties within 
the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received 
an inadequate substantive response from respondent interested 
parties.\3\ On October 9, 2012, domestic interested parties filed a 
rebuttal to the GOT's submission.
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    \3\ Only the Government of Turkey (``GOT'') submitted a 
response. We did not receive a response from any Turkish producers 
or exporters of pasta, as provided in 19 CFR 351.218(e)(1)(ii)(A).
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    On September 25, 2012, the Government of Italy (``GOI'') requested 
an extension of time to submit a substantive response. On September 27, 
2012, the Department granted an extension until October 11, 2012; 
however, the GOI did not submit a response. On October 11, 2012, the 
Department received adequate substantive responses regarding Italy from 
the domestic interested parties, within the extended deadline specified 
in the Department's September 27, 2012, letter.
    Pursuant to 19 CFR 351.218(e)(1)(ii)(C), because the Department 
received no substantive responses from foreign producers in either 
review, the Department is conducting expedited, 120-day, sunset reviews 
of these antidumping duty orders.

Scope of the Orders

Italy (A-475-818)

    The merchandise subject to the order is pasta. The product is 
currently classified under items 1901.90.90.95 and 1902.19.20 of the 
Harmonized Tariff Schedule of the United States (``HTSUS''). Although 
the HTSUS numbers are provided for convenience and customs purposes, 
the written product description, available in Italian Order, remains 
dispositive.\4\
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    \4\ On August 14, 2009, the Department issued its final results 
of a changed circumstance review and revoked the order, in part, 
with regard to gluten-free pasta effective July 1, 2008. Certain 
Pasta from Italy: Notice of Final Results of Antidumping Duty 
Changed Circumstances Review and Revocation, in Part, 74 FR 41120 
(August 14, 2009).
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Turkey (A-489-805)

    The merchandise subject to the order is pasta. The product is 
currently classified under items 1902.19.20 of the HTSUS. Although the 
HTSUS numbers are provided for convenience and

[[Page 2369]]

customs purposes, the written product description, available in Turkish 
Order, remains dispositive.

Analysis of Comments Received

    All issues raised by parties to these sunset reviews are addressed 
in the Issues and Decision Memorandum (``Decision Memorandum'') from 
Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Import Administration, dated concurrently with this notice, which 
is hereby adopted by this notice. The issues discussed in the Decision 
Memorandum include the likelihood of continuation or recurrence of 
dumping and the magnitude of the margins likely to prevail were the 
orders revoked. Parties can find a complete discussion of all issues 
raised in these reviews and the corresponding recommendations in this 
public memorandum, which is on file electronically via Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (``IA ACCESS''). IA ACCESS is available to 
registered users at http://iaaccess.trade.gov and in the Central 
Records Unit in room 7046 of the main Commerce building. In addition, a 
complete version of the Decision Memorandum may be accessed directly on 
the Web at http://ia.ita.doc.gov/frn, under the heading ``January 
2013.'' The paper copy and electronic versions of the Decision 
Memorandum are identical in content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on 
pasta from Italy and Turkey would likely lead to continuation or 
recurrence of dumping at the following percentage weighted-average 
margins:
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    \5\ The cash deposit rate for All Others was modified to account 
for export subsidies.

                                  Italy
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                                                             Weighted-
                                                              average
             Manufacturer/producer/ exporter                  margin
                                                             (percent)
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Arrighi S.p.A. Industrie Alimentari and affiliate                  20.84
 Italpasta S.p.A........................................
La Molisana Industrie Alimentari S.p.A..................           14.78
Liguori Pastificio Dal S.p.A............................           12.14
Pastificio Fratelli Pagani S.p.A........................           18.23
All Others..............................................       \5\ 16.51
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                                 Turkey
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                                                             Weighted-
                                                              average
             Manufacturer/producer/ exporter                  margin
                                                             (percent)
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Filiz Gida Sanyi ve Ticaret A.S.........................           63.29
Maktas Makarnicilik ve Ticaret T.A.S. (``Maktas'')......       \6\ 60.87
All Others..............................................       \7\ 60.87
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    This notice serves as the only 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. Timely notification of 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.
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    \6\ Marsan Gida Sanayi ve Ticret A.S. was found to be the 
successor-in-interest to Gidasa Sabanci Gida Sanayi ve Ticaret A.S. 
(``Gidasa'') in 2009; Gidasa was found to be the successor-in-
interest to Maktas in 2003. See Decision Memorandum at 5.
    \7\ The cash deposit rate for Maktas and All Others were 
modified to account for export subsidies.
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    These sunset reviews and notice are in accordance with sections 
751(c), 752, and 777(i)(1) of the Act.

     Dated: January 4, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-00454 Filed 1-10-13; 8:45 am]
BILLING CODE 3510-DS-P