Certain Pasta From Italy and Turkey; Final Results of Expedited Third Sunset Reviews of the Antidumping Duty Orders, 2368-2369 [2013-00454]
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Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Notices
most recent period; (3) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be 44.30 percent, the rate for the PRCwide entity; and (4) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporters that
supplied that non-PRC exporter. The
deposit requirements, when imposed,
shall remain in effect until further
notice.
Comment 8. Zeroing
Reimbursement of Duties
AGENCY:
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties has occurred and the subsequent
assessment of doubled antidumping
duties.
Administrative Protective Orders
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 this segment of the
proceeding. Timely written notification
of the return/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
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: January 4, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
mstockstill on DSK4VPTVN1PROD with
Appendix I
Comment 1. Surrogate Value for Steam Coal
Comment 2. Surrogate Financial Ratios
Comment 3. Surrogate Value for Inland
Freight
Comment 4. Surrogate Value for Water
Comment 5. Surrogate Value for Brokerage &
Handling
Comment 6. Ministerial Error
Comment 7. Huvis Sichuan’s No Shipments
Certification
VerDate Mar<15>2010
16:38 Jan 10, 2013
Jkt 229001
[FR Doc. 2013–00463 Filed 1–10–13; 8:45 am]
BILLING CODE 3510–DS–P
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
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
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).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
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.
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.
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
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
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).
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).
E:\FR\FM\11JAN1.SGM
11JAN1
Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Notices
customs purposes, the written product
description, available in Turkish Order,
remains dispositive.
TURKEY
Manufacturer/producer/
exporter
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 https://
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 https://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 weightedaverage margins:
ITALY
mstockstill on DSK4VPTVN1PROD with
Manufacturer/producer/
exporter
Weightedaverage
margin
(percent)
Arrighi S.p.A. Industrie
Alimentari and affiliate
Italpasta S.p.A. ..................
La Molisana Industrie
Alimentari S.p.A. ...............
Liguori Pastificio Dal S.p.A. ..
Pastificio Fratelli Pagani
S.p.A. ................................
All Others ..............................
20.84
14.78
12.14
18.23
5 16.51
5 The cash deposit rate for All Others was
modified to account for export subsidies.
VerDate Mar<15>2010
16:38 Jan 10, 2013
Jkt 229001
Weightedaverage
margin
(percent)
Filiz Gida Sanyi ve Ticaret
A.S. ...................................
Maktas Makarnicilik ve
Ticaret T.A.S. (‘‘Maktas’’) ..
All Others ..............................
63.29
6 60.87
7 60.87
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.
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
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–825]
Polyethylene Terephthalate Film, Sheet
and Strip From India: Partial
Rescission of Countervailing Duty
Administrative Review; 2011
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 11, 2013.
FOR FURTHER INFORMATION CONTACT: Elfi
Blum or Toni Page, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0197 or (202) 482–
1398, respectively.
AGENCY:
Background
On July 2, 2012, the Department of
Commerce (Department) published a
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.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
2369
notice of opportunity to request an
administrative review of the
countervailing duty (CVD) order on
polyethylene terephthalate film, sheet
and strip from India covering the period
January 1, 2011, through December 31,
2011.1 The Department received a
timely request for a CVD administrative
review from Petitioners 2 for five
companies: Ester Industries Limited
(Ester), Garware Polyester Ltd.
(Garware), Polyplex Corporation Ltd.
(Polyplex), SRF Limited (SRF), and
Jindal Poly Films Limited of India
(Jindal). The Department also received
timely requests from Jindal and SRF for
a CVD review of themselves. On August
30, 2012, the Department published a
notice of initiation of administrative
review with respect to Ester, Garware,
Jindal, Polyplex, and SRF.3 On
November 30, 2012, Petitioners
withdrew their requests for a CVD
administrative review of Ester, Garware,
Jindal, and Polyplex. Jindal also
withdrew its self-request for an
administrative review.
Rescission, in Part
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if a party
that requested the review withdraws the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. Petitioners’ and
Jindal’s November 30, 2012, withdrawal
requests were submitted within the 90day period and thus are timely.4 As the
withdrawal requests filed by Petitioners
and Jindal are timely and no other party
requested a review of Ester, Garware,
Jindal, and Polyplex, we are rescinding
this review with respect to these
companies, in accordance with 19 CFR
351.213(d)(1). Because the review
requests for SRF were not withdrawn,
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 77 FR 39216,
39217 (July 2, 2012).
2 Petitioners are DuPont Teijin Films, Mitsubishi
Polyester Film, Inc., SKC, Inc. and Toray Plastics
(America), Inc.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Requests for Revocation in Part, 77 FR 52688
(August 30, 2012).
4 The 90th day fell on November 28, 2012;
however, as explained in the memorandum from
the Assistant Secretary for Import Administration,
the Department has exercised its discretion to toll
deadlines for the duration of the closure of the
Federal Government from October 29, through
October 30, 2012. Thus, all deadlines in this
segment of the proceeding have been extended by
two days. The revised deadline for filing a
withdrawal request was November 30, 2012. See
Memorandum to the Record from Paul Piquado,
Assistant Secretary for Import Administration,
regarding ‘‘Tolling of Administrative Deadlines As
a Result of the Government Closure During
Hurricane Sandy’’ (October 31, 2012).
E:\FR\FM\11JAN1.SGM
11JAN1
]]>Agencies
[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Notices]
[Pages 2368-2369]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00454]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 https://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 https://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:
---------------------------------------------------------------------------
\5\ The cash deposit rate for All Others was modified to account
for export subsidies.
Italy
------------------------------------------------------------------------
Weighted-
average
Manufacturer/producer/ exporter margin
(percent)
------------------------------------------------------------------------
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
------------------------------------------------------------------------
Turkey
------------------------------------------------------------------------
Weighted-
average
Manufacturer/producer/ exporter margin
(percent)
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
