Certain Pasta From Turkey: Notice of Initiation of Antidumping Duty New Shipper Review, 13275 [2014-05230]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Notices]
[Page 13275]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05230]



[[Page 13275]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-805]


Certain Pasta From Turkey: Notice of Initiation of Antidumping 
Duty New Shipper Review

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

SUMMARY: The Department of Commerce (the Department) received a request 
for a new shipper review of the antidumping duty order \1\ on certain 
pasta from Turkey.\2\ In accordance with section 751(a)(2)(B) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214, we are 
initiating an antidumping duty new shipper review of Be[scedil]san 
Makarina Gida San. Ve Tic. A.S. (Be[scedil]san). The period of review 
(POR) of this new shipper review is July 1, 2013, through January 31, 
2014.
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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 
Turkey, 61 FR 38545 (July 24, 1996) (Order).
    \2\ See Letter from Be[scedil]san, ``Request for New Shipper 
Review; Antidumping Duty Order Involving Certain Pasta from 
Turkey,'' (January 31, 2014) (Be[scedil]san's Request).

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DATES: Effective Date: March 10, 2014.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Robert James, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-
1121 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 24, 1996, the Department published the antidumping duty 
order on certain pasta from Turkey.\3\ Thus, the antidumping duty order 
on certain pasta from the Turkey has a January semi-annual anniversary 
month. On January 31, 2014, the Department received a timely filed 
request for a new shipper review from Be[scedil]san. In its request for 
a review, Be[scedil]san identified itself as both a producer and 
exporter of the subject merchandise which was exported to the United 
States.
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    \3\ See Order.
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    Pursuant to the requirements set forth in section 751(a)(2)(B)(i) 
of the Act and 19 CFR 351.214(b)(2), Be[scedil]san certified that (1) 
it did not export subject merchandise to the United States during the 
period of investigation (POI); and (2) since the initiation of the 
investigation, it has never been affiliated with any company that 
exported subject merchandise to the United States during the POI, 
including those companies not individually examined during the 
investigation.\4\ Additionally, in accordance with 19 CFR 
351.214(b)(2)(iv), Be[scedil]san submitted documentation establishing: 
(1) The date on which it first shipped subject merchandise to the 
United States; (2) the volume of its first shipment; and (3) the date 
of its first sale to a U.S. purchaser for export to the United 
States.\5\
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    \4\ See Be[scedil]san's Request at 2 and Exhibit 1.
    \5\ For more information, see Memorandum from Tyler Weinhold, 
through Robert James, to the file, ``Initiation of Antidumping Duty 
New Shipper Review: Pasta from Turkey,'' dated concurrently with 
this notice (Initiation Checklist).
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    We note that although Be[scedil]san submitted documentation 
regarding the volume of its shipment and the date of their first sale 
to an unaffiliated customer in the United States, our customs query 
shows that Be[scedil]san's shipment appears to have entered the United 
States shortly after the semi-annual anniversary month. Under 19 CFR 
351.214(f)(2)(ii), when the sale of the subject merchandise occurs 
within the normal POR, but the entry occurs after the normal POR, the 
POR may be extended unless it would be likely to prevent the completion 
of the review within the time limits set by the Department's 
regulations. The preamble to the Department's regulations states that 
both the entry and the sale should occur during the POR, and that under 
``appropriate'' circumstances the Department has the flexibility to 
extend the POR.\6\ In this instance, Be[scedil]san's shipment appears 
to have entered during the month following the end of the normal POR. 
The Department does not find that this delay would be likely to prevent 
the completion of the review within the time limits set by the 
Department's regulations.
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    \6\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27319-27320 (May 19, 1997).
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Initiation of Review

    Based on information on the record and in accordance with section 
751(a)(2)(B) of the Act, and 19 CFR 351.214(d), we find that the 
request meets the statutory and regulatory requirements for initiation 
of a new shipper review.\7\ Accordingly, we are initiating a new 
shipper review of the antidumping duty order on pasta from Turkey 
produced and exported by Be[scedil]san, for the period July 1, 2013, 
through January 31, 2014.
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    \7\ See Initiation Checklist.
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    If the Department subsequently determines, based on information 
collected, that a new shipper review for Be[scedil]san is not 
warranted, the Department will either rescind the review or apply facts 
available pursuant to section 776 of the Act, as appropriate.
    We intend to issue the preliminary results of this review no later 
than 180 days after the date on which this review is initiated, and the 
final results within 90 days after the date on which we issue the 
preliminary results.\8\
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    \8\ See section 751(a)(2)(B)(iv) of the Act and 19 CFR 
351.214(h)(i).
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    We will instruct CBP to allow, at the option of the importer, the 
posting, until the completion of the review, of a bond or security in 
lieu of a cash deposit for certain entries of the subject merchandise 
produced and exported by Be[scedil]san in accordance with section 
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because 
Be[scedil]san certified that it produces and exports the subject 
merchandise, the sale of which forms the basis for its new shipper 
review request, we will instruct CBP to permit the use of a bond only 
for entries of subject merchandise which Be[scedil]san produced and 
exported.
    Interested parties may submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and this notice are issued and published in 
accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 
351.221(c)(1)(i).

     Dated: February 27, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-05230 Filed 3-7-14; 8:45 am]
BILLING CODE 3510-DS-P