[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Pages 62841-62842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26430]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-806]


Certain Pasta From Turkey: Final Results of the Expedited Fourth 
Sunset Review of the Countervailing Duty Order

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

SUMMARY: The Department of Commerce (Commerce) finds that revocation of 
the countervailing duty (CVD) order on certain pasta from Turkey would 
be likely to lead to continuation or recurrence of a countervailable 
subsidy at the levels indicated in the ``Final Results of Review'' 
section of this notice.

DATES: Applicable December 5, 2018.

FOR FURTHER INFORMATION CONTACT: Aimee Phelan or Mary Kolberg at (202) 
482-0697 or (202) 482-1785, respectively; AD/CVD Operations, Office I, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    On July 24, 1996, Commerce published the CVD order on certain pasta 
from Turkey.\1\ On August 1, 2018, Commerce published the notice of 
initiation of the fourth sunset review of this order, pursuant to 
section 751(c)(2) of the Tariff Act of 1930, as amended (the Act).\2\ 
On August 16, 2018, Commerce received a notice of intent to participate 
from A. Zerega's Sons, Inc. (Zerega), Dakota Growers Pasta Company, 
Inc. (Dakota Growers), Riviana Foods, Inc. (Riviana) (formerly, New 
World Pasta Company),\3\ and TreeHouse Foods, Inc. (TreeHouse) 
(formerly, The American Italian Pasta Company) \4\ within the deadline 
specified in 19 CFR 351.218(d)(1)(i).\5\ Zerega, Dakota Growers, 
Riviana, and TreeHouse claimed interested party status under section 
771(9)(C) of the Act as producers of pasta in the United States.\6\
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    \1\ See Notice of Countervailing Duty Order: Certain Pasta 
(``Pasta'') From Turkey, 61 FR 38546 (July 24, 1996) (Order); see 
also Final Affirmative Countervailing Duty Determination: Certain 
Pasta (``Pasta'') from Turkey, 61 FR 30366 (June 14, 1996) (Final 
Determination).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 37463 
(August 1, 2018).
    \3\ New World Pasta Company merged into Riviana Foods Inc. 
effective January 1, 2017.
    \4\ The American Italian Pasta Company was acquired by TreeHouse 
Foods in February 1, 2016.
    \5\ See Letter from Zerega, Dakota Growers, Riviana, and 
Treehouse, ``Five-Year (Sunset) Review of the Countervailing Duty 
Order on Certain Pasta from Turkey--Domestic Interested Parties' 
Notice of Intent to Participate,'' dated August 16, 2018 (Domestic 
Parties' Notice of Intent to Participate).
    \6\ See Letter from Domestic Interested Parties, ``Five-Year 
(Sunset) Review of the Countervailing Duty Order on Certain Pasta 
from Turkey--Domestic Interested Parties' Notice of Intent to 
Participate,'' August 16, 2018. As domestic producers of certain 
pasta, the petitioners are interested parties to this proceeding 
pursuant to section 771(9)(C) of the Act.
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    On August 31, 2018, Commerce received an adequate substantive 
response to the notice of initiation from domestic interested parties 
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\7\ On 
August 31, 2018, Commerce also received a substantive response from the 
Government of Turkey (GOT).\8\ However, we received no substantive 
responses from respondent interested parties who are producers or 
exporters of merchandise subject to the order covered by this sunset 
review. A government's response alone, normally, is not sufficient for 
Commerce to conduct a full sunset review, unless the investigation was 
conducted on an aggregate basis.\9\ This investigation was conducted on 
a company-specific, rather than an aggregate, basis.
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    \7\ See Letter from the petitioner, ``Certain Pasta from 
Turkey--Five-Year (``4th Sunset'') Review of Countervailing Duty 
Order,'' dated August 31, 2018 (Petitioners' Substantive Response).
    \8\ See Letter from the GOT, ``Substantive Response of the 
Government of Turkey in the Countervailing Duty 4th Sunset Review 
Involving Certain Pasta from Turkey,'' dated August 31, 2018 (GOT 
substantive response).
    \9\ See, e.g., Certain Pasta from Turkey: Final Results of 
Expedited Five-Year (``Sunset'') Review of the Countervailing Duty 
Order, 72 FR 5269 (February 5, 2007); Certain Carbon Steel Products 
from Sweden: Final Results of Expedited Sunset Review of 
Countervailing Duty Order, 65 FR 18304 (April 7, 2000).
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    On September 20, 2018, Commerce notified the U.S. International 
Trade Commission that it did not receive an adequate substantive 
response from respondent interested parties.\10\ As a result, pursuant 
to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
has conducted an expedited (120-day) sunset review of the CVD order on 
certain pasta from Turkey.
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    \10\ See Letter re: ``Sunset Reviews Initiated on August 1, 
2018,'' dated September 20, 2018.
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Scope of the Order

    The scope of the CVD order consists of certain non-egg dry pasta in 
packages of five pounds (or 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 the order is typically sold in the retail market, in 
fiberboard or cardboard cartons or polyethylene or polyethylene bags, 
of varying dimensions.
    Excluded from the scope of the order 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 under review is currently classifiable under 
subheading 1902.19.20 of the Harmonized Tariff Schedule of the United 
States (HTSUS). Although the HTSUS subheading is provided for 
convenience and customs purposes, our written description of the scope 
of the order is dispositive.

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum,\11\ which is hereby adopted by this notice. 
The issues discussed in the Issues and Decision Memorandum are the 
likelihood of continuation or recurrence of a countervailable subsidy 
and the net countervailable subsidy likely to prevail if the order were 
revoked. The Issues and Decision Memorandum is a public

[[Page 62842]]

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 in the Central Records Unit, Room B8024, 
of the main Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
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    \11\ See Memorandum ``Issues and Decision Memorandum for the 
Expedited Fourth Sunset Review of the Countervailing Duty Order on 
Certain Pasta from Turkey,'' dated concurrently with this notice 
(Issues and Decision Memorandum).
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Final Results of Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines that revocation of the CVD order on pasta from Turkey would 
be likely to lead to the continuation or recurrence of a 
countervailable subsidy at the rates listed below:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
                   Exporter/producer                       subsidy rate
                                                            (percent)
------------------------------------------------------------------------
Filiz Gida Sanayi ve Ticaret (Filiz)...................             1.73
Maktas Makarnacilik ve Ticaret (Maktas)................            13.19
Oba Makernacilik Sanayi ve Ticaret (Oba)...............            13.18
All Others.............................................             8.95
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Notification to Interested Parties

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. 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 sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(c), 752(b), 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-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. History of the Order
III. Background
IV. Scope of the Order
    1. Rulings Relevant to Scope
V. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Likely to Prevail
    3. Nature of Subsidy
VI. Final Results of the Review
VII. Recommendation

[FR Doc. 2018-26430 Filed 12-4-18; 8:45 am]
 BILLING CODE 3510-DS-P