[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Pages 62840-62841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26429]



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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 
Fourth Sunset Reviews of the Antidumping Duty Orders

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

SUMMARY: As a result of these sunset reviews, the Department of 
Commerce (Commerce) finds that revocation of the antidumping duty 
orders on certain pasta (pasta) from Italy and Turkey would be likely 
to lead to the continuation or recurrence of dumping at the levels 
indicated in the ``Final Results of Review'' section of this notice.

DATES: Applicable December 5, 2018.

FOR FURTHER INFORMATION CONTACT: Daniel Deku or Scott Hoefke, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: 202-482-5075 or 202-482-4947, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published antidumping duty orders on pasta from Italy and 
Turkey on July 24, 1996.\1\ On August 1, 2018, Commerce published the 
notice of initiation of the fourth sunset reviews of the Orders, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\2\ On August 16, 2018, Commerce received notices of intent to 
participate from the following domestic interested parties: A. Zerega's 
Sons, Inc.; Dakota Growers Pasta Company, Inc.; Riviana Foods, Inc. 
(formerly, New World Pasta Company); and TreeHouse Foods, Inc.\3\ 
(collectively, domestic interested parties),\4\ within the deadline 
specified in 19 CFR 351.218(d)(1)(i). The domestic interested parties 
claimed interested party status within the meaning of section 771(9)(C) 
of the Act, as U.S. producers of certain pasta.\5\
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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) (Italy Order), see also 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) (Turkey Order) (collectively, the Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 37463 
(August 1, 2018) (Sunset Initiation).
    \3\ The domestic interested parties stated that TreeHouse Foods, 
Inc. acquired the American Italian Pasta Company in February 2016, 
and that the American Italian Pasta Company is now an indirect 
wholly owned subsidiary of TreeHouse Foods, Inc. See Domestic 
Interested Parties' August 16, 2018 Intent to Participate for Italy. 
See Domestic August 16, 2018 Intent to Participate for Turkey.
    \4\ Id.
    \5\ Id.
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    On August 22, 2018, we received an extension request from the 
Government of Italy (GOI) for its response.\6\ On August 31, 2018, we 
granted an extension to the GOI to submit its substantive response by 
September 10, 2018.\7\
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    \6\ See GOI's August 22, 2018 Extension Request.
    \7\ See Commerce Letter ``Five-Year (Sunset) Review of the 
Antidumping Duty Order on Certain Pasta from Italy: Request for 
Extension of Time to File Substantive Responses,'' dated August 29, 
2018.
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    On August 31, 2018, Commerce received complete substantive 
responses from the domestic interested parties within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i).\8\ We received no 
substantive responses from respondent interested parties with respect 
to the orders covered by these sunset reviews.
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    \8\ See Domestic Interested Parties' August 31, 2018 Substantive 
Response for Italy; see also Domestic Interested Parties' August 31, 
2018 Substantive Response for Turkey.
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    On August 21, 2018, Commerce notified the U.S. International Trade 
Commission that it received a notice of intent to participate from 
domestic interested parties as required by 19 CFR 351.218(d).\9\ As a 
result, pursuant to 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) 
sunset reviews of the Orders.
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    \9\ See Commerce Letter re: ``Sunset Reviews Initiated on August 
1, 2018,'' dated August 21, 2018.
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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 conveniences and customs purposes, the 
written product description available in Italian Order remains 
dispositive. The full scope language can be found in the accompanying 
Issues and Decision Memorandum.

Turkey (A-489-805)

    The merchandise subject to the order is pasta. The product is 
currently classified under items 1902.19.20 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Although the HTSUS numbers are 
provided for conveniences and custom purposes, the written product 
description available in Turkish Order remains dispositive. The full 
scope language can be found in the accompanying Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised in these sunset reviews, including the likelihood 
of continuation or recurrence of dumping and the magnitude of the 
margins likely to prevail if the Orders were revoked, are addressed in 
Issues and Decision Memorandum,\10\ which is hereby adopted by this 
notice. 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 http://access.trade.gov, and 
to all parties 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 on the internet 
at http://enforcement.trade.gov/frn. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.
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    \10\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Fourth Sunset Reviews of the 
Antidumping Duty Orders on Certain Pasta from Italy and Turkey,'' 
dated concurrently with this notice (Issues and Decision 
Memorandum).
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Final Results of Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we 
determine that revocation of the antidumping duty orders on pasta from 
Italy and Turkey would likely lead to the continuation or recurrence of 
dumping and that the magnitude of the dumping margins likely to prevail 
would be weighted-average dumping margins up to 20.84 percent for Italy 
and up to 63.29 percent for Turkey.

Notification Regarding Administrative Protective Order

    This notice also serves as the only 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. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to

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sanction. We are issuing and publishing these final results and notice 
in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act 
and 19 CFR 351.218.

    Dated: November 28, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-executive functions and duties of the 
Assistance Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

1. Summary
2. Background
3. Scope of the Orders
4. History of the Orders
5. Legal Framework
6. Discussion of the Issues
    I. Likelihood of Continuation or Recurrence of Dumping
    II. Magnitude of the Margins Likely to Prevail
7. Final Results of Reviews
8. Recommendation

[FR Doc. 2018-26429 Filed 12-4-18; 8:45 am]
 BILLING CODE 3510-DS-P