Certain Pasta From Turkey: Final Results and Rescission of Antidumping Duty Administrative Review; 2015-2016, 6516-6518 [2018-02899]

Download as PDF 6516 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices for the China-wide entity is 216.01 percent. For additional details, see the Preliminary Decision Memorandum, which 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 in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Results Decision Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn/index.html. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. daltland on DSKBBV9HB2PROD with NOTICES Assessment Rates Pursuant to section 751(a)(2)(C) Tariff Act of 1930, as amended (the Act), and 19 CFR 351.212(b), the Department has determined, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. Commerce intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. Commerce intends to instruct CBP to liquidate any entries of subject merchandise exported during this POR by Decca and the other three companies noted above which did not qualify for separate rate status, at the China-wide rate. Additionally, pursuant to Commerce’s practice in NME cases, if there are any suspended entries of subject merchandise during the POR under the case numbers of the eight companies that claimed no shipments of subject merchandise, they will be liquidated at the China-wide rate.11 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date in the Federal Register of the final results of this review, as provided by section 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed China and non-China exporters which are not under review in this segment of the proceeding but which received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (2) for all China exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the China-wide entity, which is 216.01 percent; and (3) for all non-China exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-China exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Interested Parties This notice also serves as a final 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 Secretary’s presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders (APOs) 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 that is subject to sanction. This notice of the final results of this antidumping duty administrative review is issued and published in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213 and 19 CFR 351.221(b)(5). Dated: January 24, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018–02896 Filed 2–13–18; 8:45 am] BILLING CODE 3510–DS–P 11 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–489–805] Certain Pasta From Turkey: Final Results and Rescission of Antidumping Duty Administrative Review; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Mutlu Makarnacilik Sanayi ve Ticaret A.S. (Mutlu), an exporter of certain pasta (pasta) from Turkey and the sole respondent subject to this administrative review, had no bona fide sales during the period of review (POR) July 1, 2015 through June 30, 2016. Therefore, we are rescinding this administrative review. DATES: Applicable February 14, 2018. FOR FURTHER INFORMATION CONTACT: Fred Baker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2924. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 7, 2017, Commerce published the Preliminary Results of this review in the Federal Register.1 We invited parties to comment on the Preliminary Results. On September 6, 2017, we received case briefs from petitioners American Italian Pasta Company, Dakota Growers Pasta Company, and New World Pasta Company (the petitioners) and from the respondent, Mutlu. On September 19, 2017, we received rebuttal briefs from the petitioners and Mutlu. On September 21, 2017, Commerce rejected Mutlu’s case brief because it contained new factual information after the deadline for such information.2 Mutlu subsequently removed the new factual information from its case brief, and resubmitted the case brief on September 23, 2017. Commerce exercised its discretion to toll deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce’s practice, 1 See Certain Pasta from Turkey: Preliminary Results of Antidumping Duty Administrative Review, 82 FR 36737 (August 7, 2017) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Commerce Letter dated September 21, 2017. E:\FR\FM\14FEN1.SGM 14FEN1 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices the deadline will become the next business day. The revised deadline for the final results of this review is now February 6, 2018.3 Commerce conducted this review in accordance with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act). Scope of the Order Imports covered by this order are shipments of certain non-egg dry pasta in packages of five pounds four ounces 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.4 Analysis of the Comments Received All issues raised in the case and rebuttal briefs submitted in this review are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues raised is attached as an appendix to this notice. 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 http://access.trade.gov and it is available to all parties 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 http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. daltland on DSKBBV9HB2PROD with NOTICES Bona Fides Analysis For the Preliminary Results, the Department analyzed the bona fides of Mutlu’s single sale and preliminarily found it was not a bona fide sale.5 Based 3 See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. 4 A full written description of the scope of the order is contained in the memorandum to Gary Taverman, ‘‘Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review: Certain Pasta from Turkey,’’ (Issues and Decision Memorandum), dated concurrently with this notice and incorporated herein by reference. 5 See Memorandum, ‘‘2015–2016 Antidumping Duty Administrative Review of Certain Pasta from VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 on Commerce’s complete analysis of all the information and comments on the record of this review, Commerce continues to find that Mutlu’s sale is not a bona fide sale. Commerce reached this conclusion based on its consideration of the totality of circumstances, including: (a) The atypical nature of both the sales price and quantity; (b) reason to question the arm’s-length nature of the transaction; and (c) the atypical sales terms. In addition to the above factors, which Commerce determined are a sufficient basis to find Mutlu’s sale to be non-bona fide, it determined that additional factors—i.e., the lack of record information normally considered in making a bona fides determination due to the importer’s failure to respond to the importer questionnaire (e.g., whether a profit was realized on the resale of the subject merchandise, whether there were any unusual expenses), and the limited history from which to infer the respondent’s future selling practices due to there being only one sale during the POR—constituted additional support for its non-bona fides finding. Because much of the factual information used in our analysis of Mutlu’s sale involves business proprietary information, a full discussion of the basis for our final determination is set forth in the Bona Fides Analysis Memorandum.6 Because we have determined that Mutlu had no bona fide sales during the POR, we are rescinding this administrative review. Assessment As Commerce is rescinding this administrative review, we have not calculated a company-specific dumping margin for Mutlu. Mutlu’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.7 Cash Deposit Requirements Because we did not calculate a dumping margin for Mutlu, Mutlu continues to be subject to the ‘‘allothers’’ rate. The all-others cash deposit rate is 51.49 percent.8 These cash Turkey: Preliminary Bona Fides Sales Analysis for Mutlu Makarnacilik Sanayi ve Ticaret A.S.,’’ dated August 1, 2017. 6 See Memorandum, ‘‘2015–2016 Antidumping Duty Administrative Review of Certain Pasta from Turkey: Final Bona Fides Sales Analysis for Mutlu Makarnacilik Sanayi ve Ticaret A.S.,’’ dated February 5, 2018. See also Issues and Decision Memorandum. 7 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). 8 Id. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 6517 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. Notification to Importers This notice serves as a final 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 Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double 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 destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable violation. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(h) and 351.221(b)(5). Dated: February 6, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum Summary Background Scope of the Order Discussion of the Issues E:\FR\FM\14FEN1.SGM 14FEN1 6518 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices 1. Whether ‘‘Bona Fides’’ Testing is Statutorily Limited to New Shipper Reviews, and is Not Applicable in an Administrative Review 2. Whether Record Evidence Confirms that Mutlu’s Sale was a Bona Fide Sale 3. Whether Rescinding the Administrative Review Amounts to an Imposition of Adverse Facts Available Based on the Failure to Cooperate of an Unaffiliated Third Party Recommendation [FR Doc. 2018–02899 Filed 2–13–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Dated: February 8, 2018. Sarah Brabson, NOAA PRA Clearance Officer. daltland on DSKBBV9HB2PROD with NOTICES Submission for OMB Review; Comment Request [FR Doc. 2018–02947 Filed 2–13–18; 8:45 am] The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: National Oceanic and Atmospheric Administration (NOAA). Title: West Coast Region U.S. Pacific Highly Migratory Species Hook and Line Logbook. OMB Control Number: 0648–0223. Form Number(s): NOAA 88–197. Type of Request: Regular (extension of a currently approved information collection). Number of Respondents: 850. Average Hours per Response: One hour. Burden Hours: 3,400. Needs and Uses: This request is for extension of a currently approved collection. Under the Fishery Management Plan for United States (U.S.) West Coast Fisheries for Highly Migratory Species (HMS FMP) U.S. fishermen, participating in the Pacific Hook and Line fishery (also known as the albacore troll and pole-and-line fishery), are required to obtain a Highly Migratory Species (HMS) permit. Permit holders are required to complete and submit logbooks documenting their daily fishing activities, including catch and effort for each fishing trip. Logbook forms must be completed within 24 hours of the completion of each fishing day and submitted to the Southwest Fisheries Science Center (SWFSC) within 30 days of the end of each trip. These data and associated analyses help the SWFSC provide fisheries information to researchers and the needed management advice to the U.S. VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 in its negotiations with foreign fishing nations exploiting HMS. Affected Public: Business or other forprofit organizations. Frequency: For each fishing trip. Respondent’s Obligation: Mandatory. This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov or fax to (202) 395–5806. BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Hydrographic Services Review Panel Meeting National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice of open public meeting. AGENCY: The Hydrographic Services Review Panel (HSRP) will hold a meeting that will be open to the public and public comments are requested in advance and/or during the meeting. Information about the HSRP meeting, agenda, presentations, webinar registration, and other background documents will be posted online at: https://www.nauticalcharts.noaa.gov/ hsrp/hsrp.htm. DATES: The meeting is April 4–5, 2018. The dates, agenda, and times are subject to change. For updates, please check online at: https://www.nautical charts.noaa.gov/hsrp/hsrp.htm. ADDRESSES: Miami, Florida, with meeting venue to be announced online in March at: https://www.nautical charts.noaa.gov/hsrp/hsrp.htm. FOR FURTHER INFORMATION CONTACT: Lynne Mersfelder-Lewis, HSRP program manager, National Ocean Service, Office of Coast Survey, NOAA (N/NSD), 1315 East-West Highway, SSMC3 #6305, Silver Spring, Maryland 20910; telephone: 301–533–0064; email: Lynne.Mersfelder@noaa.gov. SUPPLEMENTARY INFORMATION: The meeting is open to the public, seating SUMMARY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 will be available on a first-come, firstserved basis, and public comment is encouraged. There are public comment periods scheduled each day and noted in the agenda. Each individual or group making verbal comments will be limited to a total time of five (5) minutes and will be recorded. For those not onsite, comments can be submitted via the webinar chat function or via email in writing. Individuals who would like to submit written statements in advance, during or after the meeting should email their comments to Lynne.Mersfelder@ noaa.gov. The HSRP will provide webinar capability. Pre-registration is required to access the webinar and is at the following: https://attendee.goto webinar.com/register/6210294947783 426818. The Hydrographic Services Review Panel (HSRP) is a Federal Advisory Committee established to advise the Under Secretary of Commerce for Oceans and Atmosphere, the NOAA Administrator, on matters related to the responsibilities and authorities set forth in section 303 of the Hydrographic Services Improvement Act of 1998, as amended, and such other appropriate matters that the Under Secretary refers to the Panel for review and advice. The charter and other information are located online at: https://www.nautical charts.noaa.gov/hsrp/CharterBylaws HSIAStatute.htm. Past HSRP public meeting summary reports, agendas, presentations, transcripts, webinars, and other information is available online at: https://www.nauticalcharts.noaa.gov/ hsrp/meetings.htm. Matters to be considered: The panel is convening to hear federal, state, regional and local partners and stakeholders on issues relevant to NOAA’s navigation services, focusing on Florida and the U.S. Caribbean region as well as national issues. Navigation services include the data, products, and services provided by the NOAA programs and activities that undertake geodetic observations, gravity modeling, shoreline mapping, bathymetric mapping, hydrographic surveying, nautical charting, tide and water level observations, current observations, and marine modeling. This suite of NOAA products and services support safe and efficient navigation, resilient coasts and communities, and the nationwide positioning information infrastructure to support America’s commerce. The Panel will hear from state and federal agencies, non-federal organizations, and partners about their missions and use of NOAA’s navigation services, the value these services bring, and what improvements could be made. Other administrative matters may be E:\FR\FM\14FEN1.SGM 14FEN1

Agencies

[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6516-6518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02899]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-805]


Certain Pasta From Turkey: Final Results and Rescission of 
Antidumping Duty Administrative Review; 2015-2016

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

SUMMARY: The Department of Commerce (Commerce) determines that Mutlu 
Makarnacilik Sanayi ve Ticaret A.S. (Mutlu), an exporter of certain 
pasta (pasta) from Turkey and the sole respondent subject to this 
administrative review, had no bona fide sales during the period of 
review (POR) July 1, 2015 through June 30, 2016. Therefore, we are 
rescinding this administrative review.

DATES: Applicable February 14, 2018.

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

SUPPLEMENTARY INFORMATION:

Background

    On August 7, 2017, Commerce published the Preliminary Results of 
this review in the Federal Register.\1\ We invited parties to comment 
on the Preliminary Results. On September 6, 2017, we received case 
briefs from petitioners American Italian Pasta Company, Dakota Growers 
Pasta Company, and New World Pasta Company (the petitioners) and from 
the respondent, Mutlu. On September 19, 2017, we received rebuttal 
briefs from the petitioners and Mutlu. On September 21, 2017, Commerce 
rejected Mutlu's case brief because it contained new factual 
information after the deadline for such information.\2\ Mutlu 
subsequently removed the new factual information from its case brief, 
and resubmitted the case brief on September 23, 2017.
---------------------------------------------------------------------------

    \1\ See Certain Pasta from Turkey: Preliminary Results of 
Antidumping Duty Administrative Review, 82 FR 36737 (August 7, 2017) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Commerce Letter dated September 21, 2017.
---------------------------------------------------------------------------

    Commerce exercised its discretion to toll deadlines affected by the 
closure of the Federal Government from January 20 through 22, 2018. If 
the new deadline falls on a non-business day, in accordance with 
Commerce's practice,

[[Page 6517]]

the deadline will become the next business day. The revised deadline 
for the final results of this review is now February 6, 2018.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
---------------------------------------------------------------------------

    Commerce conducted this review in accordance with section 751(a)(1) 
of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    Imports covered by this order are shipments of certain non-egg dry 
pasta in packages of five pounds four ounces 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.\4\
---------------------------------------------------------------------------

    \4\ A full written description of the scope of the order is 
contained in the memorandum to Gary Taverman, ``Issues and Decision 
Memorandum for the Final Results of the Antidumping Duty 
Administrative Review: Certain Pasta from Turkey,'' (Issues and 
Decision Memorandum), dated concurrently with this notice and 
incorporated herein by reference.
---------------------------------------------------------------------------

Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs submitted in this 
review are addressed in the Issues and Decision Memorandum, which is 
hereby adopted by this notice. A list of the issues raised is attached 
as an appendix to this notice. 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 
http://access.trade.gov and it is available to all parties 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 http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Bona Fides Analysis

    For the Preliminary Results, the Department analyzed the bona fides 
of Mutlu's single sale and preliminarily found it was not a bona fide 
sale.\5\ Based on Commerce's complete analysis of all the information 
and comments on the record of this review, Commerce continues to find 
that Mutlu's sale is not a bona fide sale. Commerce reached this 
conclusion based on its consideration of the totality of circumstances, 
including: (a) The atypical nature of both the sales price and 
quantity; (b) reason to question the arm's-length nature of the 
transaction; and (c) the atypical sales terms. In addition to the above 
factors, which Commerce determined are a sufficient basis to find 
Mutlu's sale to be non-bona fide, it determined that additional 
factors--i.e., the lack of record information normally considered in 
making a bona fides determination due to the importer's failure to 
respond to the importer questionnaire (e.g., whether a profit was 
realized on the resale of the subject merchandise, whether there were 
any unusual expenses), and the limited history from which to infer the 
respondent's future selling practices due to there being only one sale 
during the POR--constituted additional support for its non-bona fides 
finding. Because much of the factual information used in our analysis 
of Mutlu's sale involves business proprietary information, a full 
discussion of the basis for our final determination is set forth in the 
Bona Fides Analysis Memorandum.\6\
---------------------------------------------------------------------------

    \5\ See Memorandum, ``2015-2016 Antidumping Duty Administrative 
Review of Certain Pasta from Turkey: Preliminary Bona Fides Sales 
Analysis for Mutlu Makarnacilik Sanayi ve Ticaret A.S.,'' dated 
August 1, 2017.
    \6\ See Memorandum, ``2015-2016 Antidumping Duty Administrative 
Review of Certain Pasta from Turkey: Final Bona Fides Sales Analysis 
for Mutlu Makarnacilik Sanayi ve Ticaret A.S.,'' dated February 5, 
2018. See also Issues and Decision Memorandum.
---------------------------------------------------------------------------

    Because we have determined that Mutlu had no bona fide sales during 
the POR, we are rescinding this administrative review.

Assessment

    As Commerce is rescinding this administrative review, we have not 
calculated a company-specific dumping margin for Mutlu. Mutlu'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.\7\
---------------------------------------------------------------------------

    \7\ 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).
---------------------------------------------------------------------------

Cash Deposit Requirements

    Because we did not calculate a dumping margin for Mutlu, Mutlu 
continues to be subject to the ``all-others'' rate. The all-others cash 
deposit rate is 51.49 percent.\8\ These cash deposit requirements shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \8\ Id.
---------------------------------------------------------------------------

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.

Notification to Importers

    This notice serves as a final 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double 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 destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable 
violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, 
and 19 CFR 351.213(h) and 351.221(b)(5).

    Dated: February 6, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues

[[Page 6518]]

    1. Whether ``Bona Fides'' Testing is Statutorily Limited to New 
Shipper Reviews, and is Not Applicable in an Administrative Review
    2. Whether Record Evidence Confirms that Mutlu's Sale was a Bona 
Fide Sale
    3. Whether Rescinding the Administrative Review Amounts to an 
Imposition of Adverse Facts Available Based on the Failure to 
Cooperate of an Unaffiliated Third Party
Recommendation

[FR Doc. 2018-02899 Filed 2-13-18; 8:45 am]
BILLING CODE 3510-DS-P