Certain Pasta From Turkey: Final Results of Countervailing Duty Changed Circumstances Review, 54022-54023 [E9-25344]
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jlentini on DSKJ8SOYB1PROD with NOTICES
54022
Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Notices
Applications and Permits for Protected
Species (APPS) home page, https://
apps.nmfs.noaa.gov/index.cfm, and
then selecting File No. 14726 from the
list of available applications. These
documents are also available for review
upon written request or by appointment
in the following offices:
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301)713–2289; fax (301)713–0376; and
Southeast Region, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701;
phone (727)824–5312; fax (727)824–
5309.
Written comments or requests for a
public hearing on this application
should be mailed to the Chief, Permits,
Conservation and Education Division,
F/PR1, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910. Those
individuals requesting a hearing should
set forth the specific reasons why a
hearing on this particular request would
be appropriate.
Comments may also be submitted by
facsimile at (301)713–0376, provided
the facsimile is confirmed by hard copy
submitted by mail and postmarked no
later than the closing date of the
comment period.
Comments may also be submitted by
e-mail. The mailbox address for
providing e-mail comments is
NMFS.Pr1Comments@noaa.gov. Include
in the subject line of the e-mail
comment the following document
identifier: File No. 14726.
FOR FURTHER INFORMATION CONTACT:
Patrick Opay or Amy Hapeman,
(301)713–2289.
SUPPLEMENTARY INFORMATION: The
subject permit is requested under the
authority of the Endangered Species Act
of 1973, as amended (ESA; 16 U.S.C.
1531 et seq.) and the regulations
governing the taking, importing, and
exporting of endangered and threatened
species (50 CFR parts 222–226).
The purpose of this project is to locate
and describe areas of the Atlantic Ocean
and Gulf of Mexico near Florida that
serve as developmental habitat for
pelagic-stage juvenile and neonate
loggerhead, green, Kemp’s ridley,
hawksbill, and leatherback sea turtles,
to quantify threats to pelagic sea turtles,
and to gather information on their lifehistory, genetics, movements, behavior,
and diet. Researchers propose to capture
by dip net, flipper tag, passive
integrated transponder tag, measure,
weigh, and oral swab up to 250
loggerheads, 100 greens, 50 Kemp’s
ridleys, 50 hawksbills, and 10
VerDate Nov<24>2008
17:33 Oct 20, 2009
Jkt 220001
leatherbacks. Up to 100 of the
loggerheads, all of the greens, all of the
Kemp’s ridleys, all of the hawksbills,
and all of the leatherbacks would be
esophageal lavaged.
Up to 100 of the loggerheads, all of
the greens, and all of the hawksbills
would be skin biopsied. Up to 5 of the
Kemp’s ridleys would have a satellite
tag attached. The requested permit
duration is five years.
Dated: October 15, 2009.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E9–25349 Filed 10–20–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
International Trade Administration
C–489–806
Certain Pasta From Turkey: Final
Results of Countervailing Duty
Changed Circumstances Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 28, 2009, the
Department of Commerce (‘‘the
Department’’) published a notice of
initiation of a changed circumstances
review (‘‘CCR’’) of the countervailing
duty (‘‘CVD’’) order on certain pasta
from Turkey as requested by Marsan
Gida Sanayi ve Ticret A.S. (‘‘Marsan’’).
See Notice of Initiation of
Countervailing Duty Changed
Circumstances Review: Certain Pasta
from Turkey, 74 FR 4938 (January 28,
2009) (‘‘Initiation Notice’’). On
September 15, 2009, we published our
preliminary results of the CVD CCR. See
Certain Pasta From Turkey: Preliminary
Results of Countervailing Duty Changed
Circumstances Review, 74 FR 47225
(September 15, 2009) (‘‘Preliminary
Results’’). Pursuant to the new criteria
outlined in the Preliminary Results, we
preliminarily found that Marsan is not
the successor to Gidasa Sabanci Gida
Sanayi ve Ticaret A.S. (‘‘Gidasa’’) for
purposes of the CVD cash deposit rates.
We invited interested parties to
comment on these preliminary results
and we received comments from
Marsan. For the final results, we
continue to find that Marsan is not the
successor to Gidasa, for purposes of the
CVD cash deposit rates, and therefore its
merchandise should continue to enter
under the ‘‘all others’’ cash deposit rate.
EFFECTIVE DATE: October 21, 2009.
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FOR FURTHER INFORMATION CONTACT:
Shelly Atkinson, or Brandon Farlander,
AD/CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue,
NW, Washington, DC 20230; telephone:
(202) 482–0116 or (202) 482–0182,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, the Department
published in the Federal Register the
order on certain pasta from Turkey. See
Notice of Countervailing Duty Order:
Certain Pasta (‘‘Pasta’’) From Turkey, 61
FR 38546 (July 24, 1996). On December
3, 2008, Marsan requested that the
Department initiate and conduct
expedited CCRs to determine that, for
purposes of the antidumping duty
(‘‘AD’’) and CVD cash deposit rates,
Marsan is the successor to Gidasa. See
Marsan’s December 3, 2008, submission
entitled, ‘‘Pasta from Turkey: Request
for Expedited Changed Circumstances
Review of AD/CVD Orders’’ (‘‘CCR
Request’’). On January 28, 2009, the
Department published a notice of
initiation of a CCR of the CVD order for
Marsan. See Initiation Notice. On April
16, 2009, the Department requested
additional information and issued a
questionnaire to Marsan, to which it
responded on May 1, 2009. See
Marsan’s May 1, 2009, response
entitled, ‘‘Pasta from Turkey: Marsan
response to the supplemental
questionnaire.’’
On April 14, 2009, and June 2, 2009,
the Department published its
preliminary and final results,
respectively, for the CCR of the AD
order on certain pasta from Turkey and
found that Marsan was the successor–
in-interest to Gidasa for AD cash deposit
purposes. See Certain Pasta from
Turkey: Notice of Preliminary Results of
Antidumping Duty Changed
Circumstances Review, 74 FR 17153
(April 14, 2009); Certain Pasta from
Turkey: Notice of Final Results of
Antidumping Duty Changed
Circumstances Review, 74 FR 26373
(June 2, 2009). On September 15, 2009,
the Department published the
preliminary results of the CVD CCR of
the CVD order on pasta from Turkey and
preliminarily found that, based on the
Department’s new methodology and
criteria to analyze successorship claims
in CVD CCRs, Marsan was not the
successor to Gidasa, for purposes of the
CVD cash deposit rate, and therefore its
merchandise should continue to enter
under the ‘‘all others’’ cash deposit rate.
See Preliminary Results. We invited
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Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Notices
parties to comment on our preliminary
results and received comments from
Marsan on September 24, 2009. We did
not receive any rebuttal comments.
jlentini on DSKJ8SOYB1PROD with NOTICES
Scope of 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.
Final Results of Changed
Circumstances Review
For the final results, we are hereby
adopting our methodology and findings
from the Preliminary Results. We
continue to find that Marsan’s
merchandise is not entitled to enter
under the CVD cash deposit rate
previously established in the last CVD
administrative review of Gidasa.
Accordingly, we determine that
Marsan’s merchandise should continue
to enter under the ‘‘all others’’ CVD cash
deposit rate of 9.38 percent.
All issues raised in the case brief filed
by Marsan are addressed in the Issues
and Decision Memorandum for the
Final Results of the Countervailing Duty
Changed Circumstances Review on
Certain Pasta from Turkey (‘‘Issues and
Decision Memorandum’’), which is
dated concurrently with and hereby
adopted by this notice. Attached to this
notice as an appendix is a list of the
issues which the interested party raised
and to which we have responded in the
Issues and Decision Memorandum.
Parties can find a complete discussion
of all issues raised in this review and
the corresponding recommendations in
this public memorandum, which is on
file in the Department’s Central Records
VerDate Nov<24>2008
17:33 Oct 20, 2009
Jkt 220001
Unit in Room 1117 of the main
Department building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the Web at https://
ia.ita.doc.gov/frn/. The paper
copy and electronic version of the Issues
and Decision Memorandum are
identical in content.
Notification
This notice serves as a final reminder
to parties to administrative protective
orders (‘‘APO’s) of their responsibility
concerning the disposition of
proprietary information disclosed under
APO in accordance with 19 CFR
351.305(a)(3). Failure to timely notify
the Department in writing of the return/
destruction of APO material is a
sanctionable violation.
We are issuing and publishing these
results and notice in accordance with
sections 751(b)(1) and 777(i)(1) and (2)
of the Act and 19 CFR 351.216.
Dated: October 13, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
APPENDIX
List of Comments and Issues in the
Issues and Decision Memorandum
Comment 1: Whether the Facts of the
Case Warrant a Finding of
Successorship
Comment 2: Whether Marsan was
Denied Procedural Due Process
Comment 3: Whether the Department’s
New Policy Furthers the Goals of the
Statute
[FR Doc. E9–25344 Filed 10–20–09; 8:45 am]
BILLING CODE 3510–DS–S
U.S. DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
(Docket 43–2009)
Foreign-Trade Zone 174 Tucson,
Arizona, Application for Expansion and
Reorganization under Alternative Site
Framework
An application has been submitted to
the Foreign–Trade Zones (FTZ) Board
(the Board) by Tucson Regional
Economic Opportunities, Inc., grantee of
FTZ 174, requesting authority to expand
the zone and reorganize under the
alternative site framework (ASF)
adopted by the Board (74 FR 1170, 01/
12/09; correction 74 FR 3987, 01/22/09).
The ASF is an option for grantees for the
establishment or reorganization of
general–purpose zones and can permit
significantly greater flexibility in the
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54023
designation of new ‘‘usage–driven’’ FTZ
sites for operators/users located within
a grantee’s ‘‘service area’’ in the context
of the Board’s standard 2,000–acre
activation limit for a general–purpose
zone project. The application was
submitted pursuant to the provisions of
the Foreign–Trade Zones Act, as
amended (19 U.S.C. 81a–81u), and the
regulations of the Board (15 CFR part
400). It was formally filed on October
13, 2009.
The grantee’s proposed service area
under the ASF would be the County of
Pima, Arizona. If approved, the grantee
would be able to serve sites throughout
the service area based on companies’
needs for FTZ designation. The
proposed service area is adjacent to or
within the Tucson Customs and Border
Protection port of entry.
FTZ 174 was approved by the Board
on January 30, 1991 (Board Order 508,
56 FR 4595, 02/05/91) and expanded on
August 9, 2000 (Board Order 1114, 65
FR 50177, 08/17/00). The applicant is
requesting to include its current six sites
as ‘‘magnet sites’’. The applicant
proposes that Site 2 be exempt from
‘‘sunset’’ time limits that otherwise
apply to sites under the ASF. The
applicant is also requesting approval of
the following initial ‘‘usage–driven’’
site: Proposed Site 7 (97.71 acres) - the
Target Corporation Distribution Center,
8940 East Rita Park Drive, in Tucson.
In accordance with the Board’s
regulations, Christopher Kemp of the
FTZ staff is designated examiner to
evaluate and analyze the facts and
information presented in the application
and case record and to report findings
and recommendations to the Board.
Public comment is invited from
interested parties. Submissions (original
and 3 copies) shall be addressed to the
Board’s Executive Secretary at the
address listed below. The closing period
for their receipt is December 21, 2009.
Rebuttal comments in response to
material submitted during the foregoing
period may be submitted during the
subsequent 15-day period (to January 4,
2010)
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign–Trade Zones Board, Room
2111, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
website, which is accessible via
www.trade.gov/ftz. For further
information, contact Christopher Kemp
at christopherlkemp@ita.doc.gov or
(202) 482–0862.
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]]>Agencies
[Federal Register Volume 74, Number 202 (Wednesday, October 21, 2009)]
[Notices]
[Pages 54022-54023]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25344]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
C-489-806
Certain Pasta From Turkey: Final Results of Countervailing Duty
Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 28, 2009, the Department of Commerce (``the
Department'') published a notice of initiation of a changed
circumstances review (``CCR'') of the countervailing duty (``CVD'')
order on certain pasta from Turkey as requested by Marsan Gida Sanayi
ve Ticret A.S. (``Marsan''). See Notice of Initiation of Countervailing
Duty Changed Circumstances Review: Certain Pasta from Turkey, 74 FR
4938 (January 28, 2009) (``Initiation Notice''). On September 15, 2009,
we published our preliminary results of the CVD CCR. See Certain Pasta
From Turkey: Preliminary Results of Countervailing Duty Changed
Circumstances Review, 74 FR 47225 (September 15, 2009) (``Preliminary
Results''). Pursuant to the new criteria outlined in the Preliminary
Results, we preliminarily found that Marsan is not the successor to
Gidasa Sabanci Gida Sanayi ve Ticaret A.S. (``Gidasa'') for purposes of
the CVD cash deposit rates. We invited interested parties to comment on
these preliminary results and we received comments from Marsan. For the
final results, we continue to find that Marsan is not the successor to
Gidasa, for purposes of the CVD cash deposit rates, and therefore its
merchandise should continue to enter under the ``all others'' cash
deposit rate.
EFFECTIVE DATE: October 21, 2009.
FOR FURTHER INFORMATION CONTACT: Shelly Atkinson, or Brandon Farlander,
AD/CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue,
NW, Washington, DC 20230; telephone: (202) 482-0116 or (202) 482-0182,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, the Department published in the Federal Register
the order on certain pasta from Turkey. See Notice of Countervailing
Duty Order: Certain Pasta (``Pasta'') From Turkey, 61 FR 38546 (July
24, 1996). On December 3, 2008, Marsan requested that the Department
initiate and conduct expedited CCRs to determine that, for purposes of
the antidumping duty (``AD'') and CVD cash deposit rates, Marsan is the
successor to Gidasa. See Marsan's December 3, 2008, submission
entitled, ``Pasta from Turkey: Request for Expedited Changed
Circumstances Review of AD/CVD Orders'' (``CCR Request''). On January
28, 2009, the Department published a notice of initiation of a CCR of
the CVD order for Marsan. See Initiation Notice. On April 16, 2009, the
Department requested additional information and issued a questionnaire
to Marsan, to which it responded on May 1, 2009. See Marsan's May 1,
2009, response entitled, ``Pasta from Turkey: Marsan response to the
supplemental questionnaire.''
On April 14, 2009, and June 2, 2009, the Department published its
preliminary and final results, respectively, for the CCR of the AD
order on certain pasta from Turkey and found that Marsan was the
successor-in-interest to Gidasa for AD cash deposit purposes. See
Certain Pasta from Turkey: Notice of Preliminary Results of Antidumping
Duty Changed Circumstances Review, 74 FR 17153 (April 14, 2009);
Certain Pasta from Turkey: Notice of Final Results of Antidumping Duty
Changed Circumstances Review, 74 FR 26373 (June 2, 2009). On September
15, 2009, the Department published the preliminary results of the CVD
CCR of the CVD order on pasta from Turkey and preliminarily found that,
based on the Department's new methodology and criteria to analyze
successorship claims in CVD CCRs, Marsan was not the successor to
Gidasa, for purposes of the CVD cash deposit rate, and therefore its
merchandise should continue to enter under the ``all others'' cash
deposit rate. See Preliminary Results. We invited
[[Page 54023]]
parties to comment on our preliminary results and received comments
from Marsan on September 24, 2009. We did not receive any rebuttal
comments.
Scope of 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.
Final Results of Changed Circumstances Review
For the final results, we are hereby adopting our methodology and
findings from the Preliminary Results. We continue to find that
Marsan's merchandise is not entitled to enter under the CVD cash
deposit rate previously established in the last CVD administrative
review of Gidasa. Accordingly, we determine that Marsan's merchandise
should continue to enter under the ``all others'' CVD cash deposit rate
of 9.38 percent.
All issues raised in the case brief filed by Marsan are addressed
in the Issues and Decision Memorandum for the Final Results of the
Countervailing Duty Changed Circumstances Review on Certain Pasta from
Turkey (``Issues and Decision Memorandum''), which is dated
concurrently with and hereby adopted by this notice. Attached to this
notice as an appendix is a list of the issues which the interested
party raised and to which we have responded in the Issues and Decision
Memorandum. Parties can find a complete discussion of all issues raised
in this review and the corresponding recommendations in this public
memorandum, which is on file in the Department's Central Records Unit
in Room 1117 of the main Department building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the Web at https://ia.ita.doc.gov/frn/. The paper copy and
electronic version of the Issues and Decision Memorandum are identical
in content.
Notification
This notice serves as a final reminder to parties to administrative
protective orders (``APO's) of their responsibility concerning the
disposition of proprietary information disclosed under APO in
accordance with 19 CFR 351.305(a)(3). Failure to timely notify the
Department in writing of the return/destruction of APO material is a
sanctionable violation.
We are issuing and publishing these results and notice in
accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Act and
19 CFR 351.216.
Dated: October 13, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
APPENDIX
List of Comments and Issues in the Issues and Decision Memorandum
Comment 1: Whether the Facts of the Case Warrant a Finding of
Successorship
Comment 2: Whether Marsan was Denied Procedural Due Process
Comment 3: Whether the Department's New Policy Furthers the Goals of
the Statute
[FR Doc. E9-25344 Filed 10-20-09; 8:45 am]
BILLING CODE 3510-DS-S
