Certain Pasta From Turkey: Final Rescission of Antidumping Duty New Shipper Review; 2014-2015, 86701-86702 [2016-28856]

Download as PDF Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Notices Trade Commission of our determination. This determination is issued and published pursuant to sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.224(e). FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3857. SUPPLEMENTARY INFORMATION: Dated: November 25, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Background [FR Doc. 2016–28823 Filed 11–30–16; 8:45 am] On October 11, 2016, the Department of Commerce (the Department) initiated the countervailing duty (CVD) investigation of steel concrete reinforcing bar from the Republic of Turkey.1 Currently, the preliminary determination is due no later than December 15, 2016. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–815] Correction to Notice of Initiation of Five-Year Sunset Review Postponement of the Preliminary Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, AD/CVD Operations, Customs Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4735. SUPPLEMENTARY INFORMATION: On November 1, 2016, the Department of Commerce (‘‘Department’’) published Initiation of Five-Year (‘‘Sunset’’) Review, 81 FR 75808 (November 1, 2016) in which the Department inadvertently listed the incorrect case number for Gray Portland Cement Clinker from Japan. The correct case number is A–588–815. This notice serves as a correction notice. Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue the preliminary determination in a CVD investigation within 65 days of the date on which the Department initiated the investigation. However, if the Department concludes that the parties concerned are cooperating and that the case is extraordinarily complicated, such that additional time is necessary to make the preliminary determination, section 703(c)(1)(B) of the Act allows the Department to postpone making the preliminary determination until no later than 130 days after the date on which the administering authority initiated the investigation. The Department determines that the parties concerned are currently cooperating and that the investigation is extraordinarily complicated, such that it will need more time to make the preliminary determination. Specifically, in addition to evaluating the financial contribution and specificity of numerous national and regional programs, the Department will analyze the provision of several inputs for less than adequate remuneration and will consider a more-than-adequateremuneration program for the first time in a proceeding involving the Republic of Turkey. For the reasons stated above, the Department, in accordance with section 703(c)(l)(B) of the Act, is postponing the deadline for the preliminary determination to no later than 130 days after the day on which the Department initiated this investigation. Therefore, the new deadline for the preliminary AGENCY: Dated: November 23, 2016. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016–28859 Filed 11–30–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration jstallworth on DSK7TPTVN1PROD with NOTICES [C–489–830] Steel Concrete Reinforcing Bar From the Republic of Turkey: Postponement of Preliminary Determination in Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective December 1, 2016. AGENCY: VerDate Sep<11>2014 15:02 Nov 30, 2016 Jkt 241001 1 See Steel Concrete Reinforcing Bar from the Republic of Turkey: Initiation of Countervailing Duty Investigation, 81 FR 71705 (October 18, 2016). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 86701 determination is February 21, 2017.2 Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination will continue to be 75 days after the date of the preliminary determination, unless postponed. This notice is issued and published in accordance with section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: November 28, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–28855 Filed 11–30–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–805] Certain Pasta From Turkey: Final Rescission of Antidumping Duty New Shipper Review; 2014–2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) published its Preliminary Rescission for the new shipper review (NSR) of the antidumping duty order on certain pasta from the Republic of Turkey (Turkey) on July 15, 2016. The period of review (POR) is July 1, 2014, through June 30, 2015. As discussed below, we preliminarily found that the sale made by Durum Gida Sanayi ve Ticaret A.S. (Durum) is not bona fide, and announced our preliminary intent to rescind the NSR. For the final results of this review, we have determined that Durum does not qualify for a NSR. Therefore, we are rescinding this NSR. DATES: Effective December 1, 2016. FOR FURTHER INFORMATION CONTACT: Fred Baker, 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. SUPPLEMENTARY INFORMATION: AGENCY: 2 Department practice dictates that, when a deadline falls on a weekend or a federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of the ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, as Amended, 70 FR 24533, 24533 (May 10, 2005). Because February 18, 2017, falls on a Saturday and February 20, 2017, is a federal holiday, the appropriate deadline for the preliminary determination in this investigation is February 21, 2017. E:\FR\FM\01DEN1.SGM 01DEN1 86702 Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Notices Background On July 15, 2016, the Department of Commerce (Department) published its Preliminary Rescission for the NSR of the antidumping duty order on certain pasta from Turkey.1 For a complete description of the events that followed the publication of the Preliminary Rescission, see the Issues and Decision Memorandum.2 The Issues and 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 https://access.trade.gov and in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/ index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. jstallworth on DSK7TPTVN1PROD with NOTICES Scope of the Order The merchandise covered by this order is 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. 1 See Certain Pasta From Turkey: Preliminary Rescission of Antidumping Duty New Shipper Review, 81 FR 46050 (July 15, 2016) (Preliminary Rescission). 2 See Memorandum from Erin Begnal, Director, Office III, Antidumping and Countervailing Operations, to Ronald Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, entitled ‘‘Certain Pasta from the Republic of Turkey: Issues and Decision Memorandum for the Final Rescission,’’ issued concurrently with and hereby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 15:02 Nov 30, 2016 Jkt 241001 Analysis of Comments Received All issues raised in the case briefs by parties are addressed in the Issues and Decision Memorandum 3 and the Final Rescission Memorandum.4 A list of the issues which parties raised is attached to this notice as an Appendix. Rescission of New Shipper Review For the Preliminary Rescission, the Department analyzed the bona fides of Durum’s single sale, and preliminarily found it was not a bona fide sale.5 In Durum’s case brief, Durum submitted comments on the Department’s bona fides analysis.6 Petitioners 7 submitted a rebuttal brief on September 14, 2016, also addressing the Department’s bona fides analysis.8 Additionally, on September 20, 2016, and October 3, 2016, Durum and Petitioners submitted affirmative 9 and rebuttal comments,10 respectively, regarding Durum’s eligibility for a NSR. In this final rescission we have not analyzed parties’ comments on the bona fides of Durum’s sale because we have determined that Durum did not qualify for a NSR. For a complete discussion see the Issues and Decision Memorandum. Because we have determined that Durum does not qualify for a NSR, we are rescinding this NSR. Assessment As the Department is rescinding this NSR, we have not calculated a 3 Id. 4 See Memorandum to Scot Fullerton, Re: Certain Pasta from the Republic of Turkey: Final Rescission of New Shipper Review, dated November 25, 2016 (Final Rescission Memorandum). 5 See Memorandum from Fred Baker to Scot Fullerton, Re: 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., dated June 28, 2016. 6 See Case Brief of Durum Gida Sanyi ve Ticaret A.S., dated August 29, 2016. 7 Petitioners are the American Italian Pasta Company, New World Pasta Company, and Dakota Growers Pasta Company. 8 See Petitioners’ Rebuttal Brief for Durum Gida Sanayi ve Ticaret A.S., dated September 14, 2016. 9 See Letter from Petitioners to Secretary of Commerce, Re: New Shipper Review of Certain Pasta from Turkey—Petitioners’ Comments on New Factual Information for Durum Gida Sanayi ve Ticaret A.S., dated September 20, 2016 (Petitioners’ Comments on New Factual Information); Letter from Durum to the Honorable Penny Pritzker, Re: Pasta from Turkey (New Shipper Review): Comments on Factual Information, dated September 20, 2016 (Durum’s Comments on New Factual Information). 10 See Letter from Petitioners to the Secretary of Commerce, Re: New Shipper Review of Certain Pasta from Turkey—Petitioners’ Rebuttal Comments on New Factual Information for Durum Gida Sanayi ve Ticaret A.S., dated October 3, 2016; Letter from Durum to the Honorable Penny Pritzker, Pasta from Turkey (New Shipper Review): Rebuttal Comments on Factual Information, dated October 3, 2016 (Durum’s Rebuttal Comments on New Factual Information). PO 00000 Frm 00014 Fmt 4703 Sfmt 9990 company-specific dumping margin for Durum. Durum’s entries will be liquidated at the ‘‘all-others’’ rate applicable to Turkish exporters who do not have their own company-specific rate. That rate is 51.49 percent. Cash Deposit Requirements Effective upon publication of this notice of final rescission of the NSR of Durum, the Department will instruct U.S. Customs and Border Protection to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise from Durum. Because we did not calculate a dumping margin for Durum, Durum continues to be subject to the ‘‘allothers’’ rate. The all-others cash deposit rate is 51.49 percent. These cash deposit requirements shall remain in effect until further notice. Administrative Protective Order 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 these segments of the proceeding. 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 violation which is subject to sanction. We are issuing and publishing this notice in accordance with sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.214. Dated: November 25, 2016. Ronald Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix—Issues and Decision Memorandum I. Summary II. Background III. Discussion of the Issues Comment 1: Whether Durum Qualifies for a New Shipper Review Comment 2: Whether Durum Had a Bona Fide Sale During the Period of Review IV. Recommendation [FR Doc. 2016–28856 Filed 11–30–16; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\01DEN1.SGM 01DEN1

Agencies

[Federal Register Volume 81, Number 231 (Thursday, December 1, 2016)]
[Notices]
[Pages 86701-86702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28856]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-805]


Certain Pasta From Turkey: Final Rescission of Antidumping Duty 
New Shipper Review; 2014-2015

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

SUMMARY: The Department of Commerce (Department) published its 
Preliminary Rescission for the new shipper review (NSR) of the 
antidumping duty order on certain pasta from the Republic of Turkey 
(Turkey) on July 15, 2016. The period of review (POR) is July 1, 2014, 
through June 30, 2015. As discussed below, we preliminarily found that 
the sale made by Durum Gida Sanayi ve Ticaret A.S. (Durum) is not bona 
fide, and announced our preliminary intent to rescind the NSR. For the 
final results of this review, we have determined that Durum does not 
qualify for a NSR. Therefore, we are rescinding this NSR.

DATES: Effective December 1, 2016.

FOR FURTHER INFORMATION CONTACT: Fred Baker, 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.

SUPPLEMENTARY INFORMATION: 

[[Page 86702]]

Background

    On July 15, 2016, the Department of Commerce (Department) published 
its Preliminary Rescission for the NSR of the antidumping duty order on 
certain pasta from Turkey.\1\ For a complete description of the events 
that followed the publication of the Preliminary Rescission, see the 
Issues and Decision Memorandum.\2\ The Issues and 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 
https://access.trade.gov and in the Central Records Unit, room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://enforcement.trade.gov/frn/. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Certain Pasta From Turkey: Preliminary Rescission of 
Antidumping Duty New Shipper Review, 81 FR 46050 (July 15, 2016) 
(Preliminary Rescission).
    \2\ See Memorandum from Erin Begnal, Director, Office III, 
Antidumping and Countervailing Operations, to Ronald Lorentzen, 
Acting Assistant Secretary for Enforcement and Compliance, entitled 
``Certain Pasta from the Republic of Turkey: Issues and Decision 
Memorandum for the Final Rescission,'' issued concurrently with and 
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this order is 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.

Analysis of Comments Received

    All issues raised in the case briefs by parties are addressed in 
the Issues and Decision Memorandum \3\ and the Final Rescission 
Memorandum.\4\ A list of the issues which parties raised is attached to 
this notice as an Appendix.
---------------------------------------------------------------------------

    \3\ Id.
    \4\ See Memorandum to Scot Fullerton, Re: Certain Pasta from the 
Republic of Turkey: Final Rescission of New Shipper Review, dated 
November 25, 2016 (Final Rescission Memorandum).
---------------------------------------------------------------------------

Rescission of New Shipper Review

    For the Preliminary Rescission, the Department analyzed the bona 
fides of Durum's single sale, and preliminarily found it was not a bona 
fide sale.\5\ In Durum's case brief, Durum submitted comments on the 
Department's bona fides analysis.\6\ Petitioners \7\ submitted a 
rebuttal brief on September 14, 2016, also addressing the Department's 
bona fides analysis.\8\ Additionally, on September 20, 2016, and 
October 3, 2016, Durum and Petitioners submitted affirmative \9\ and 
rebuttal comments,\10\ respectively, regarding Durum's eligibility for 
a NSR. In this final rescission we have not analyzed parties' comments 
on the bona fides of Durum's sale because we have determined that Durum 
did not qualify for a NSR. For a complete discussion see the Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

    \5\ See Memorandum from Fred Baker to Scot Fullerton, Re: 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., dated June 28, 2016.
    \6\ See Case Brief of Durum Gida Sanyi ve Ticaret A.S., dated 
August 29, 2016.
    \7\ Petitioners are the American Italian Pasta Company, New 
World Pasta Company, and Dakota Growers Pasta Company.
    \8\ See Petitioners' Rebuttal Brief for Durum Gida Sanayi ve 
Ticaret A.S., dated September 14, 2016.
    \9\ See Letter from Petitioners to Secretary of Commerce, Re: 
New Shipper Review of Certain Pasta from Turkey--Petitioners' 
Comments on New Factual Information for Durum Gida Sanayi ve Ticaret 
A.S., dated September 20, 2016 (Petitioners' Comments on New Factual 
Information); Letter from Durum to the Honorable Penny Pritzker, Re: 
Pasta from Turkey (New Shipper Review): Comments on Factual 
Information, dated September 20, 2016 (Durum's Comments on New 
Factual Information).
    \10\ See Letter from Petitioners to the Secretary of Commerce, 
Re: New Shipper Review of Certain Pasta from Turkey--Petitioners' 
Rebuttal Comments on New Factual Information for Durum Gida Sanayi 
ve Ticaret A.S., dated October 3, 2016; Letter from Durum to the 
Honorable Penny Pritzker, Pasta from Turkey (New Shipper Review): 
Rebuttal Comments on Factual Information, dated October 3, 2016 
(Durum's Rebuttal Comments on New Factual Information).
---------------------------------------------------------------------------

    Because we have determined that Durum does not qualify for a NSR, 
we are rescinding this NSR.

Assessment

    As the Department is rescinding this NSR, we have not calculated a 
company-specific dumping margin for Durum. Durum's entries will be 
liquidated at the ``all-others'' rate applicable to Turkish exporters 
who do not have their own company-specific rate. That rate is 51.49 
percent.

Cash Deposit Requirements

    Effective upon publication of this notice of final rescission of 
the NSR of Durum, the Department will instruct U.S. Customs and Border 
Protection to discontinue the option of posting a bond or security in 
lieu of a cash deposit for entries of subject merchandise from Durum. 
Because we did not calculate a dumping margin for Durum, Durum 
continues to be subject to the ``all-others'' rate. The all-others cash 
deposit rate is 51.49 percent. These cash deposit requirements shall 
remain in effect until further notice.

Administrative Protective Order

    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 these segments of the 
proceeding. 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 violation which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, 
and 19 CFR 351.214.

    Dated: November 25, 2016.
Ronald Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

I. Summary
II. Background
III. Discussion of the Issues
    Comment 1: Whether Durum Qualifies for a New Shipper Review
    Comment 2: Whether Durum Had a Bona Fide Sale During the Period 
of Review
IV. Recommendation

[FR Doc. 2016-28856 Filed 11-30-16; 8:45 am]
 BILLING CODE 3510-DS-P

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