[Federal Register Volume 81, Number 231 (Thursday, December 1, 2016)]
[Notices]
[Pages 86701-86702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28856]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-805]


Certain Pasta From Turkey: Final Rescission of Antidumping Duty 
New Shipper Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Department) published its 
Preliminary Rescission for the new shipper review (NSR) of the 
antidumping duty order on certain pasta from the Republic of Turkey 
(Turkey) on July 15, 2016. The period of review (POR) is July 1, 2014, 
through June 30, 2015. As discussed below, we preliminarily found that 
the sale made by Durum Gida Sanayi ve Ticaret A.S. (Durum) is not bona 
fide, and announced our preliminary intent to rescind the NSR. For the 
final results of this review, we have determined that Durum does not 
qualify for a NSR. Therefore, we are rescinding this NSR.

DATES: Effective December 1, 2016.

FOR FURTHER INFORMATION CONTACT: Fred Baker, AD/CVD Operations, Office 
VI, Enforcement and Compliance, International Trade Administration, 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-2924.

SUPPLEMENTARY INFORMATION: 

[[Page 86702]]

Background

    On July 15, 2016, the Department of Commerce (Department) published 
its Preliminary Rescission for the NSR of the antidumping duty order on 
certain pasta from Turkey.\1\ For a complete description of the events 
that followed the publication of the Preliminary Rescission, see the 
Issues and Decision Memorandum.\2\ The Issues and Decision Memorandum 
is a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov and in the Central Records Unit, room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/index.html. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Certain Pasta From Turkey: Preliminary Rescission of 
Antidumping Duty New Shipper Review, 81 FR 46050 (July 15, 2016) 
(Preliminary Rescission).
    \2\ See Memorandum from Erin Begnal, Director, Office III, 
Antidumping and Countervailing Operations, to Ronald Lorentzen, 
Acting Assistant Secretary for Enforcement and Compliance, entitled 
``Certain Pasta from the Republic of Turkey: Issues and Decision 
Memorandum for the Final Rescission,'' issued concurrently with and 
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this order is 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 briefs by parties are addressed in 
the Issues and Decision Memorandum \3\ and the Final Rescission 
Memorandum.\4\ A list of the issues which parties raised is attached to 
this notice as an Appendix.
---------------------------------------------------------------------------

    \3\ Id.
    \4\ See Memorandum to Scot Fullerton, Re: Certain Pasta from the 
Republic of Turkey: Final Rescission of New Shipper Review, dated 
November 25, 2016 (Final Rescission Memorandum).
---------------------------------------------------------------------------

Rescission of New Shipper Review

    For the Preliminary Rescission, the Department analyzed the bona 
fides of Durum's single sale, and preliminarily found it was not a bona 
fide sale.\5\ In Durum's case brief, Durum submitted comments on the 
Department's bona fides analysis.\6\ Petitioners \7\ submitted a 
rebuttal brief on September 14, 2016, also addressing the Department's 
bona fides analysis.\8\ Additionally, on September 20, 2016, and 
October 3, 2016, Durum and Petitioners submitted affirmative \9\ and 
rebuttal comments,\10\ respectively, regarding Durum's eligibility for 
a NSR. In this final rescission we have not analyzed parties' comments 
on the bona fides of Durum's sale because we have determined that Durum 
did not qualify for a NSR. For a complete discussion see the Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

    \5\ See Memorandum from Fred Baker to Scot Fullerton, Re: 2014-
2015 Antidumping Duty New Shipper Review of Certain Pasta from 
Turkey: Preliminary Bona Fide Sales Analysis for Durum Gida Sanayi 
ve Ticaret A.S., dated June 28, 2016.
    \6\ See Case Brief of Durum Gida Sanyi ve Ticaret A.S., dated 
August 29, 2016.
    \7\ Petitioners are the American Italian Pasta Company, New 
World Pasta Company, and Dakota Growers Pasta Company.
    \8\ See Petitioners' Rebuttal Brief for Durum Gida Sanayi ve 
Ticaret A.S., dated September 14, 2016.
    \9\ See Letter from Petitioners to Secretary of Commerce, Re: 
New Shipper Review of Certain Pasta from Turkey--Petitioners' 
Comments on New Factual Information for Durum Gida Sanayi ve Ticaret 
A.S., dated September 20, 2016 (Petitioners' Comments on New Factual 
Information); Letter from Durum to the Honorable Penny Pritzker, Re: 
Pasta from Turkey (New Shipper Review): Comments on Factual 
Information, dated September 20, 2016 (Durum's Comments on New 
Factual Information).
    \10\ See Letter from Petitioners to the Secretary of Commerce, 
Re: New Shipper Review of Certain Pasta from Turkey--Petitioners' 
Rebuttal Comments on New Factual Information for Durum Gida Sanayi 
ve Ticaret A.S., dated October 3, 2016; Letter from Durum to the 
Honorable Penny Pritzker, Pasta from Turkey (New Shipper Review): 
Rebuttal Comments on Factual Information, dated October 3, 2016 
(Durum's Rebuttal Comments on New Factual Information).
---------------------------------------------------------------------------

    Because we have determined that Durum does not qualify for a NSR, 
we are rescinding this NSR.

Assessment

    As the Department is rescinding this NSR, we have not calculated a 
company-specific dumping margin for Durum. Durum's entries will be 
liquidated at the ``all-others'' rate applicable to Turkish exporters 
who do not have their own company-specific rate. That rate is 51.49 
percent.

Cash Deposit Requirements

    Effective upon publication of this notice of final rescission of 
the NSR of Durum, the Department will instruct U.S. Customs and Border 
Protection to discontinue the option of posting a bond or security in 
lieu of a cash deposit for entries of subject merchandise from Durum. 
Because we did not calculate a dumping margin for Durum, Durum 
continues to be subject to the ``all-others'' rate. The all-others cash 
deposit rate is 51.49 percent. These cash deposit requirements shall 
remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
Administrative Protective Order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in these segments of the 
proceeding. Timely written 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 notice in accordance with 
sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, 
and 19 CFR 351.214.

    Dated: November 25, 2016.
Ronald Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

I. Summary
II. Background
III. Discussion of the Issues
    Comment 1: Whether Durum Qualifies for a New Shipper Review
    Comment 2: Whether Durum Had a Bona Fide Sale During the Period 
of Review
IV. Recommendation

[FR Doc. 2016-28856 Filed 11-30-16; 8:45 am]
 BILLING CODE 3510-DS-P