Certain Pasta From Turkey: Preliminary Rescission of Antidumping Duty New Shipper Review, 46050-46051 [2016-16694]

Download as PDF 46050 Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices This amended preliminary determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.224(e). Dated: July 6, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–16806 Filed 7–14–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–805] Certain Pasta From Turkey: Preliminary Rescission of Antidumping Duty New Shipper Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting a new shipper review (NSR) of the antidumping duty order on certain pasta (pasta) from Turkey. The NSR covers one exporter and producer of subject merchandise, Durum Gida Sanayi ve Ticaret A.S. (Durum). The period of review (POR) is July 1, 2014 through June 30, 2015. The Department preliminarily determines that Durum did not make a bona fide sale during the POR; therefore, we are preliminarily rescinding this NSR. Interested parties are invited to comment on the preliminary results of this review. DATES: Effective July 15, 2016. FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2924 and (202) 482–0649, respectively. AGENCY: SUPPLEMENTARY INFORMATION: sradovich on DSK3GMQ082PROD with NOTICES Background On September 2, 2015, the Department published a notice of initiation of a new shipper review of the antidumping duty order on pasta from Turkey.1 The Department subsequently issued initial and supplemental questionnaires to Durum, and received timely responses thereto. The Department has exercised its discretion to toll all administrative 1 See Certain Pasta From Turkey: Initiation of Antidumping Duty New Shipper Review, 80 FR 53112 (September 2, 2015) (Initiation Notice). VerDate Sep<11>2014 19:03 Jul 14, 2016 Jkt 238001 deadlines due to the closure of the Federal Government because of Snowstorm ‘‘Jonas.’’ Thus, all of the deadlines in this segment of the proceeding were extended by four business days. The revised deadline for the preliminary results of this review, after the four business-day extension, was February 29, 2016.2 However, on February 29, 2016, the Department extended the time period for issuing the preliminary results of this NSR by 106 days, until June 14, 2016.3 We extended it again by 14 days on June 8, 2016, until June 28, 2016.4 Scope of the Order 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. For a full description of the scope of the order, see the memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Decision Memorandum for Certain Pasta from Turkey: Preliminary Results of New Shipper Review’’ (Preliminary Decision Memorandum), which is dated concurrently with this notice, and is hereby incorporated by reference.5 Methodology The Department is conducting this review in accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.214. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum, which is hereby adopted by this notice. The Preliminary 2 See Memorandum to the Record from Ron Lorentzen, Acting Assistant Secretary for Enforcement & Compliance, regarding ‘‘Tolling of Administrative Deadlines as a Result of the Government Closure during Snowstorm Jonas,’’ dated January 27, 2016. 3 See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Certain Pasta from Turkey: Extension of Deadline for Preliminary Results of Antidumping Duty New Shipper Review,’’ dated February 29, 2016. 4 See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Certain Pasta from Turkey: Extension of Deadline for Preliminary Results of Antidumping Duty New Shipper Review,’’ dated June 8, 2016. 5 A list of the topics discussed in the Preliminary Decision Memorandum appears in Appendix I of this notice. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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 is available in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Preliminary Rescission of the Antidumping New Shipper Review of Durum As discussed in the Bona Fide Sales Analysis Memorandum,6 the Department preliminarily finds that the sale made by Durum serving as the basis for this review is not a bona fide sale. The Department reached this conclusion based on the totality of the circumstances surrounding the reported sale, including the sales price, the number of sales that Durum reported, the importer’s inability to prove that it had received payment from its U.S. customers, and the fact that the record fails to establish that the U.S. importer realized a profit on its re-sale of the subject merchandise. Because the non-bona fide sale was the only reported sale of subject merchandise during the POR, we find there are no reviewable transactions during this new shipper period of review. Accordingly, we are preliminarily rescinding this NSR.7 Because the factual information used in our bona fides analysis of Durum’s sale involves business proprietary information, for a full discussion of the basis for our preliminary determination see the Bona Fide Sales Analysis Memorandum. Public Comment Interested parties may submit case briefs no later than 30 days after the date of publication of the preliminary results of review.8 Rebuttals to case 6 See Memorandum from Fred Baker, International Trade Analyst, Office VI AD/CVD Operations, to Scot Fullerton, Director, Office VI, AD/CVD Operations entitled ‘‘2014–2015 Antidumping Duty New Shipper Review of Certain Pasta From Turkey: Preliminary Bona Fide Sales Analysis for Durum Gida Sanayi ve Ticaret A.S.,’’ (Bona Fide Sales Analysis Memorandum) dated concurrently with and hereby adopted by this notice. 7 See 19 CFR 351.213(d)(3). 8 See 19 CFR 351.309(c). E:\FR\FM\15JYN1.SGM 15JYN1 Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices briefs may be filed no later than five days after the briefs are filed. All rebuttal comments must be limited to comments raised in the case briefs.9 Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement & Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice.10 Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. Oral argument presentations will be limited to issues raised in the briefs. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a date and time to be determined.11 Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. All submissions, with limited exceptions, must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due date. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with the APO/Dockets Unit in Room 18022, and stamped with the date and time of receipt by 5 p.m. ET on the due date.12 The Department intends to issue the final results of this NSR, which will include the results of its analysis of issues raised in any briefs received, no later than 90 days after the date these preliminary results of review are issued pursuant to section 751(a)(2)(B) of the Act. sradovich on DSK3GMQ082PROD with NOTICES Dated: June 28, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I List of Sections in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Discussion of the Methodology 5. Conclusion BILLING CODE 3510–DS–P If the Department proceeds to a final rescission of Durum’s NSR, the assessment rate to which Durum’s shipments will be subject will not be affected by this review. If the Department does not proceed to a final rescission of this new shipper review, pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific (or customer-specific) assessment rates based on the final results of this review. 9 See 19 CFR 351.309(d). 19 CFR 351.310(c). 11 See 19 CFR 351.310(d). 12 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). 10 See 19:03 Jul 14, 2016 Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act. [FR Doc. 2016–16694 Filed 7–14–16; 8:45 am] Assessment Rates VerDate Sep<11>2014 Cash Deposit Requirements Effective upon publication of the final rescission or the final results of this NSR, the Department will instruct CBP to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of Durum’s subject merchandise. If the Department proceeds to a final rescission of this NSR, Durum’s cash deposit rate will continue to be the all-others rate. If the Department issues final results for this NSR, the Department will instruct CBP to collect cash deposits, effective upon the publication of the final results, at the rates established therein. Jkt 238001 DEPARTMENT OF COMMERCE International Trade Administration [A–201–830] Carbon and Certain Alloy Steel Wire Rod From Mexico: Notice of Court Decision Not in Harmony With Amended Final Determination and Notice of Second Amended Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 22, 2014, the United States Court of International AGENCY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 46051 Trade (CIT) entered its final judgment in Deacero III,1 sustaining the Department of Commerce’s (the Department) negative circumvention determination from the First Remand Results as it relates to the antidumping duty order on carbon and certain alloy steel wire rod from Mexico.2 Consistent with the decision of the United States Court of Appeals for the Federal Circuit (Federal Circuit) in Timken,3 as clarified by Diamond Sawblades,4 the Department issued the Amended Final Determination 5 notifying the public that the final judgment of the CIT in this case was not in harmony with the Department’s finding in the Final Determination.6 In the Amended Final Determination, the Department found, under protest, that, pursuant to section 781(c) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.225, Deacero’s entries of wire rod with an actual diameter of 4.75 millimeters (mm) to 5.00 mm (also referred to in this notice as small diameter wire rod) did not constitute circumvention of the Order. On April 5, 2016, the Federal Circuit reversed the CIT’s holding in Deacero III.7 In its holding, the Federal Circuit reinstated the Department’s original finding from the Final Determination that Deacero’s shipments of small diameter wire rod to the United States constitute a minor alteration circumvention of the Order.8 DATES: Effective April 15, 2016. FOR FURTHER INFORMATION CONTACT: Eric B. Greynolds, or James Terpstra. AD/ 1 See Deacero S.A.P.I. de C.V. and Deacero USA, Inc. v. United States and Arcelormittal USA LLC, Gerdau Ameristeel U.S. Inc., Evraz Rocky Mountain Steel, and Nucor Corporation, Court No. 12–00345, Slip Op. 14–151 (December 22, 2014) (Deacero III). 2 See Final Results of Redetermination Pursuant to Deacero S.A. de C.V. and Deacero USA Inc. v. United States and Arcelormittal USA LLC, Gerdau Ameristeel U.S. Inc., Evraz Rocky Mountain Steel, and Nucor Corporation, Court No. 12–00345; Slip Op. 13–126 (CIT 2013) (January 29, 2014) (First Remand Results); Notice of Antidumping Duty Orders: Carbon and Certain Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine, 67 FR 65945 (October 29, 2002) (Order). 3 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 4 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 5 See Carbon and Certain Alloy Steel Wire Rod From Mexico: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Determination, 80 FR 44326 (July 27, 2015) (Amended Final Determination). 6 See Carbon and Certain Alloy Steel Wire Rod From Mexico: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 77 FR 59892 (October 1, 2012) (Final Determination) and accompanying Issues and Decision Memorandum (Final Decision Memorandum). 7 See Deacero S.A.de C.V. v. United States, 817 F.3d 1332 (Fed. Cir. 2016) (Deacero IV). 8 Id. at 12. E:\FR\FM\15JYN1.SGM 15JYN1

Agencies

[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Notices]
[Pages 46050-46051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16694]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-805]


Certain Pasta From Turkey: Preliminary Rescission of Antidumping 
Duty New Shipper Review

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

SUMMARY: The Department of Commerce (the Department) is conducting a 
new shipper review (NSR) of the antidumping duty order on certain pasta 
(pasta) from Turkey. The NSR covers one exporter and producer of 
subject merchandise, Durum Gida Sanayi ve Ticaret A.S. (Durum). The 
period of review (POR) is July 1, 2014 through June 30, 2015. The 
Department preliminarily determines that Durum did not make a bona fide 
sale during the POR; therefore, we are preliminarily rescinding this 
NSR. Interested parties are invited to comment on the preliminary 
results of this review.

DATES: Effective July 15, 2016.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-2924 and (202) 482-0649, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On September 2, 2015, the Department published a notice of 
initiation of a new shipper review of the antidumping duty order on 
pasta from Turkey.\1\ The Department subsequently issued initial and 
supplemental questionnaires to Durum, and received timely responses 
thereto.
---------------------------------------------------------------------------

    \1\ See Certain Pasta From Turkey: Initiation of Antidumping 
Duty New Shipper Review, 80 FR 53112 (September 2, 2015) (Initiation 
Notice).
---------------------------------------------------------------------------

    The Department has exercised its discretion to toll all 
administrative deadlines due to the closure of the Federal Government 
because of Snowstorm ``Jonas.'' Thus, all of the deadlines in this 
segment of the proceeding were extended by four business days. The 
revised deadline for the preliminary results of this review, after the 
four business-day extension, was February 29, 2016.\2\ However, on 
February 29, 2016, the Department extended the time period for issuing 
the preliminary results of this NSR by 106 days, until June 14, 
2016.\3\ We extended it again by 14 days on June 8, 2016, until June 
28, 2016.\4\
---------------------------------------------------------------------------

    \2\ See Memorandum to the Record from Ron Lorentzen, Acting 
Assistant Secretary for Enforcement & Compliance, regarding 
``Tolling of Administrative Deadlines as a Result of the Government 
Closure during Snowstorm Jonas,'' dated January 27, 2016.
    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Certain Pasta from Turkey: Extension of Deadline for Preliminary 
Results of Antidumping Duty New Shipper Review,'' dated February 29, 
2016.
    \4\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Certain Pasta from Turkey: Extension of Deadline for Preliminary 
Results of Antidumping Duty New Shipper Review,'' dated June 8, 
2016.
---------------------------------------------------------------------------

Scope of the Order

    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.
    For a full description of the scope of the order, see the 
memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, ``Decision 
Memorandum for Certain Pasta from Turkey: Preliminary Results of New 
Shipper Review'' (Preliminary Decision Memorandum), which is dated 
concurrently with this notice, and is hereby incorporated by 
reference.\5\
---------------------------------------------------------------------------

    \5\ A list of the topics discussed in the Preliminary Decision 
Memorandum appears in Appendix I of this notice.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.214. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, which is hereby 
adopted by this notice. The Preliminary 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 is available in the Central Records Unit, Room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic version of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Rescission of the Antidumping New Shipper Review of Durum

    As discussed in the Bona Fide Sales Analysis Memorandum,\6\ the 
Department preliminarily finds that the sale made by Durum serving as 
the basis for this review is not a bona fide sale. The Department 
reached this conclusion based on the totality of the circumstances 
surrounding the reported sale, including the sales price, the number of 
sales that Durum reported, the importer's inability to prove that it 
had received payment from its U.S. customers, and the fact that the 
record fails to establish that the U.S. importer realized a profit on 
its re-sale of the subject merchandise.
---------------------------------------------------------------------------

    \6\ See Memorandum from Fred Baker, International Trade Analyst, 
Office VI AD/CVD Operations, to Scot Fullerton, Director, Office VI, 
AD/CVD Operations entitled ``2014-2015 Antidumping Duty New Shipper 
Review of Certain Pasta From Turkey: Preliminary Bona Fide Sales 
Analysis for Durum Gida Sanayi ve Ticaret A.S.,'' (Bona Fide Sales 
Analysis Memorandum) dated concurrently with and hereby adopted by 
this notice.
---------------------------------------------------------------------------

    Because the non-bona fide sale was the only reported sale of 
subject merchandise during the POR, we find there are no reviewable 
transactions during this new shipper period of review. Accordingly, we 
are preliminarily rescinding this NSR.\7\ Because the factual 
information used in our bona fides analysis of Durum's sale involves 
business proprietary information, for a full discussion of the basis 
for our preliminary determination see the Bona Fide Sales Analysis 
Memorandum.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------

Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of the preliminary results of review.\8\ 
Rebuttals to case

[[Page 46051]]

briefs may be filed no later than five days after the briefs are filed. 
All rebuttal comments must be limited to comments raised in the case 
briefs.\9\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(c).
    \9\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement & 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice.\10\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. Oral argument presentations will be 
limited to issues raised in the briefs. If a request for a hearing is 
made, the Department intends to hold the hearing at the U.S. Department 
of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a date and time to be determined.\11\ Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    All submissions, with limited exceptions, must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due date. 
Documents excepted from the electronic submission requirements must be 
filed manually (i.e., in paper form) with the APO/Dockets Unit in Room 
18022, and stamped with the date and time of receipt by 5 p.m. ET on 
the due date.\12\
---------------------------------------------------------------------------

    \12\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------

    The Department intends to issue the final results of this NSR, 
which will include the results of its analysis of issues raised in any 
briefs received, no later than 90 days after the date these preliminary 
results of review are issued pursuant to section 751(a)(2)(B) of the 
Act.

Assessment Rates

    If the Department proceeds to a final rescission of Durum's NSR, 
the assessment rate to which Durum's shipments will be subject will not 
be affected by this review. If the Department does not proceed to a 
final rescission of this new shipper review, pursuant to 19 CFR 
351.212(b)(1), we will calculate importer-specific (or customer-
specific) assessment rates based on the final results of this review.

Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of this NSR, the Department will instruct CBP to discontinue 
the option of posting a bond or security in lieu of a cash deposit for 
entries of Durum's subject merchandise. If the Department proceeds to a 
final rescission of this NSR, Durum's cash deposit rate will continue 
to be the all-others rate. If the Department issues final results for 
this NSR, the Department will instruct CBP to collect cash deposits, 
effective upon the publication of the final results, at the rates 
established therein.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: June 28, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Sections in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Conclusion


[FR Doc. 2016-16694 Filed 7-14-16; 8:45 am]
BILLING CODE 3510-DS-P