Certain Pasta From Turkey: Final Results of the Expedited Fourth Sunset Review of the Countervailing Duty Order, 62841-62842 [2018-26430]

Download as PDF Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices sanction. We are issuing and publishing these final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: November 28, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-executive functions and duties of the Assistance Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum 1. Summary 2. Background 3. Scope of the Orders 4. History of the Orders 5. Legal Framework 6. Discussion of the Issues I. Likelihood of Continuation or Recurrence of Dumping II. Magnitude of the Margins Likely to Prevail 7. Final Results of Reviews 8. Recommendation [FR Doc. 2018–26429 Filed 12–4–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–806] Certain Pasta From Turkey: Final Results of the Expedited Fourth Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on certain pasta from Turkey would be likely to lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Applicable December 5, 2018. FOR FURTHER INFORMATION CONTACT: Aimee Phelan or Mary Kolberg at (202) 482–0697 or (202) 482–1785, respectively; AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: khammond on DSK30JT082PROD with NOTICES AGENCY: Background On July 24, 1996, Commerce published the CVD order on certain VerDate Sep<11>2014 20:35 Dec 04, 2018 Jkt 247001 pasta from Turkey.1 On August 1, 2018, Commerce published the notice of initiation of the fourth sunset review of this order, pursuant to section 751(c)(2) of the Tariff Act of 1930, as amended (the Act).2 On August 16, 2018, Commerce received a notice of intent to participate from A. Zerega’s Sons, Inc. (Zerega), Dakota Growers Pasta Company, Inc. (Dakota Growers), Riviana Foods, Inc. (Riviana) (formerly, New World Pasta Company),3 and TreeHouse Foods, Inc. (TreeHouse) (formerly, The American Italian Pasta Company) 4 within the deadline specified in 19 CFR 351.218(d)(1)(i).5 Zerega, Dakota Growers, Riviana, and TreeHouse claimed interested party status under section 771(9)(C) of the Act as producers of pasta in the United States.6 On August 31, 2018, Commerce received an adequate substantive response to the notice of initiation from domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).7 On August 31, 2018, Commerce also received a substantive response from the Government of Turkey (GOT).8 However, we received no substantive responses from respondent interested parties who are producers or exporters of merchandise subject to the order covered by this sunset review. A government’s response alone, normally, is not sufficient for Commerce to conduct a full sunset review, unless the investigation was 1 See Notice of Countervailing Duty Order: Certain Pasta (‘‘Pasta’’) From Turkey, 61 FR 38546 (July 24, 1996) (Order); see also Final Affirmative Countervailing Duty Determination: Certain Pasta (‘‘Pasta’’) from Turkey, 61 FR 30366 (June 14, 1996) (Final Determination). 2 See Initiation of Five-Year (Sunset) Reviews, 83 FR 37463 (August 1, 2018). 3 New World Pasta Company merged into Riviana Foods Inc. effective January 1, 2017. 4 The American Italian Pasta Company was acquired by TreeHouse Foods in February 1, 2016. 5 See Letter from Zerega, Dakota Growers, Riviana, and Treehouse, ‘‘Five-Year (Sunset) Review of the Countervailing Duty Order on Certain Pasta from Turkey—Domestic Interested Parties’ Notice of Intent to Participate,’’ dated August 16, 2018 (Domestic Parties’ Notice of Intent to Participate). 6 See Letter from Domestic Interested Parties, ‘‘Five-Year (Sunset) Review of the Countervailing Duty Order on Certain Pasta from Turkey— Domestic Interested Parties’ Notice of Intent to Participate,’’ August 16, 2018. As domestic producers of certain pasta, the petitioners are interested parties to this proceeding pursuant to section 771(9)(C) of the Act. 7 See Letter from the petitioner, ‘‘Certain Pasta from Turkey—Five-Year (‘‘4th Sunset’’) Review of Countervailing Duty Order,’’ dated August 31, 2018 (Petitioners’ Substantive Response). 8 See Letter from the GOT, ‘‘Substantive Response of the Government of Turkey in the Countervailing Duty 4th Sunset Review Involving Certain Pasta from Turkey,’’ dated August 31, 2018 (GOT substantive response). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 62841 conducted on an aggregate basis.9 This investigation was conducted on a company-specific, rather than an aggregate, basis. On September 20, 2018, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.10 As a result, pursuant to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce has conducted an expedited (120-day) sunset review of the CVD order on certain pasta from Turkey. Scope of the Order The scope of the CVD order consists of certain non-egg dry pasta in packages of five pounds (or 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 the order is typically sold in the retail market, in fiberboard or cardboard cartons or polyethylene or polyethylene bags, of varying dimensions. Excluded from the scope of the order 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 under review is currently classifiable under subheading 1902.19.20 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of the order is dispositive. Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum,11 which is hereby adopted by this notice. The issues discussed in the Issues and Decision Memorandum are the likelihood of continuation or recurrence of a countervailable subsidy and the net countervailable subsidy likely to prevail if the order were revoked. The Issues and Decision Memorandum is a public 9 See, e.g., Certain Pasta from Turkey: Final Results of Expedited Five-Year (‘‘Sunset’’) Review of the Countervailing Duty Order, 72 FR 5269 (February 5, 2007); Certain Carbon Steel Products from Sweden: Final Results of Expedited Sunset Review of Countervailing Duty Order, 65 FR 18304 (April 7, 2000). 10 See Letter re: ‘‘Sunset Reviews Initiated on August 1, 2018,’’ dated September 20, 2018. 11 See Memorandum ‘‘Issues and Decision Memorandum for the Expedited Fourth Sunset Review of the Countervailing Duty Order on Certain Pasta from Turkey,’’ dated concurrently with this notice (Issues and Decision Memorandum). E:\FR\FM\06DEN1.SGM 06DEN1 62842 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices 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 to all in the Central Records Unit, Room B8024, of the main 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 and electronic versions of the Issues and Decision Memorandum are identical in content. khammond on DSK30JT082PROD with NOTICES Final Results of Review Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce determines that revocation of the CVD order on pasta from Turkey would be likely to lead to the continuation or recurrence of a countervailable subsidy at the rates listed below: III. Background IV. Scope of the Order 1. Rulings Relevant to Scope V. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy 2. Net Countervailable Subsidy Likely to Prevail 3. Nature of Subsidy VI. Final Results of the Review VII. Recommendation [FR Doc. 2018–26430 Filed 12–4–18; 8:45 am] 20:35 Dec 04, 2018 Jkt 247001 Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2018–26408 Filed 12–4–18; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Submission for OMB Review; Comment Request 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 Net Paperwork Reduction Act (44 U.S.C. countervailable Exporter/producer subsidy rate Chapter 35). (percent) Agency: National Institute of Standards and Technology (NIST). Filiz Gida Sanayi ve Ticaret Title: NIST Generic Clearance for (Filiz) ................................. 1.73 Usability Data Collections Maktas Makarnacilik ve OMB Control Number: 0693–0043. Ticaret (Maktas) ................ 13.19 Form Number(s): None. Oba Makernacilik Sanayi ve Ticaret (Oba) ..................... 13.18 Type of Request: Regular Submission All Others .............................. 8.95 (revision and extension of a currently approved information collection). Notification to Interested Parties Number of Respondents: 150,000. Average Hours per Response: Varied, This notice also serves as the only dependent upon the data collection reminder to parties subject to administrative protective order (APO) of method used. The possible response time to complete a questionnaire may be their responsibility concerning the 15 minutes or 2 hours to participate in destruction of proprietary information an empirical study. disclosed under APO in accordance Burden Hours: 100,000. with 19 CFR 351.305. Timely written Needs and Uses: NIST will conduct notification of the return or destruction information collections to evaluate the of APO materials or conversion to usability and utility of NIST research for judicial protective order is hereby measurement and standardization work. requested. Failure to comply with the These data collections efforts may regulations and terms of an APO is a include, but may not be limited to sanctionable violation. electronic methodologies, empirical We are issuing and publishing these studies, video and audio collections, results in accordance with sections interview, and questionnaires. 751(c), 752(b), and 777(i)(1) of the Act Affected Public: Individual or and 19 CFR 351.218. households; State, Local or Tribal Dated: November 28, 2018. Government; Federal Government. Gary Taverman, Frequency: On occasion. Deputy Assistant Secretary for Antidumping Respondent’s Obligation: Voluntary. and Countervailing Duty Operations, This information collection request performing the non-exclusive functions and may be viewed at reginfo.gov. Follow duties of the Assistant Secretary for the instructions to view Department of Enforcement and Compliance. Commerce collections currently under Appendix review by OMB. Written comments and List of Topics Discussed in the Issues and Decision Memorandum recommendations for the proposed information collection should be sent I. Summary II. History of the Order within 30 days of publication of this VerDate Sep<11>2014 notice to OIRA_Submission@ omb.eop.gov or fax to (202) 395–5806. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 National Oceanic and Atmospheric Administration RIN 0648–XG619 Implementation of Fish and Fish Product Import Provisions of the Marine Mammal Protection Act— Notification of Comparability Findings National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; comparability findings for Mexico. AGENCY: Under the authority of the Marine Mammal Protection Act (MMPA), the NMFS Assistant Administrator for Fisheries (Assistant Administrator) has issued comparability findings for the Government of Mexico’s following fisheries: Upper Gulf of California shrimp trawl fishery for both small and large vessels; Upper Gulf of California shrimp suripera fishery; Upper Gulf of California sierra purse seine fishery; Upper Gulf of California sierra hook and line fishery; Upper Gulf of California chano trawl fishery, for small vessels; Upper Gulf of California curvina purse seine fishery; and Upper Gulf of California sardine/curvina purse seine fishery for both small and large vessels. The Assistant Administrator is denying a comparability finding for the El Golfo de Santa Clara curvina rodeostyle gillnet fishery. NMFS bases the comparability findings on documentary evidence submitted by the Government of Mexico and other relevant, readilyavailable information including scientific literature and the reports of the ‘‘Comite´ Internacional para la Recuperacio´n de la Vaquita’’ (CIRVA) (the international recovery team for vaquita). SUMMARY: These comparability findings are valid for the period of November 30, 2018, through January 1, 2022, unless revoked by the Assistant Administrator in a subsequent action. FOR FURTHER INFORMATION CONTACT: Nina Young, at email: Nina.Young@ noaa.gov or phone: 301–427–8383. DATES: E:\FR\FM\06DEN1.SGM 06DEN1

Agencies

[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Pages 62841-62842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26430]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-806]


Certain Pasta From Turkey: Final Results of the Expedited Fourth 
Sunset Review of the Countervailing Duty Order

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

SUMMARY: The Department of Commerce (Commerce) finds that revocation of 
the countervailing duty (CVD) order on certain pasta from Turkey would 
be likely to lead to continuation or recurrence of a countervailable 
subsidy at the levels indicated in the ``Final Results of Review'' 
section of this notice.

DATES: Applicable December 5, 2018.

FOR FURTHER INFORMATION CONTACT: Aimee Phelan or Mary Kolberg at (202) 
482-0697 or (202) 482-1785, respectively; AD/CVD Operations, Office I, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    On July 24, 1996, Commerce published the CVD order on certain pasta 
from Turkey.\1\ On August 1, 2018, Commerce published the notice of 
initiation of the fourth sunset review of this order, pursuant to 
section 751(c)(2) of the Tariff Act of 1930, as amended (the Act).\2\ 
On August 16, 2018, Commerce received a notice of intent to participate 
from A. Zerega's Sons, Inc. (Zerega), Dakota Growers Pasta Company, 
Inc. (Dakota Growers), Riviana Foods, Inc. (Riviana) (formerly, New 
World Pasta Company),\3\ and TreeHouse Foods, Inc. (TreeHouse) 
(formerly, The American Italian Pasta Company) \4\ within the deadline 
specified in 19 CFR 351.218(d)(1)(i).\5\ Zerega, Dakota Growers, 
Riviana, and TreeHouse claimed interested party status under section 
771(9)(C) of the Act as producers of pasta in the United States.\6\
---------------------------------------------------------------------------

    \1\ See Notice of Countervailing Duty Order: Certain Pasta 
(``Pasta'') From Turkey, 61 FR 38546 (July 24, 1996) (Order); see 
also Final Affirmative Countervailing Duty Determination: Certain 
Pasta (``Pasta'') from Turkey, 61 FR 30366 (June 14, 1996) (Final 
Determination).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 37463 
(August 1, 2018).
    \3\ New World Pasta Company merged into Riviana Foods Inc. 
effective January 1, 2017.
    \4\ The American Italian Pasta Company was acquired by TreeHouse 
Foods in February 1, 2016.
    \5\ See Letter from Zerega, Dakota Growers, Riviana, and 
Treehouse, ``Five-Year (Sunset) Review of the Countervailing Duty 
Order on Certain Pasta from Turkey--Domestic Interested Parties' 
Notice of Intent to Participate,'' dated August 16, 2018 (Domestic 
Parties' Notice of Intent to Participate).
    \6\ See Letter from Domestic Interested Parties, ``Five-Year 
(Sunset) Review of the Countervailing Duty Order on Certain Pasta 
from Turkey--Domestic Interested Parties' Notice of Intent to 
Participate,'' August 16, 2018. As domestic producers of certain 
pasta, the petitioners are interested parties to this proceeding 
pursuant to section 771(9)(C) of the Act.
---------------------------------------------------------------------------

    On August 31, 2018, Commerce received an adequate substantive 
response to the notice of initiation from domestic interested parties 
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\7\ On 
August 31, 2018, Commerce also received a substantive response from the 
Government of Turkey (GOT).\8\ However, we received no substantive 
responses from respondent interested parties who are producers or 
exporters of merchandise subject to the order covered by this sunset 
review. A government's response alone, normally, is not sufficient for 
Commerce to conduct a full sunset review, unless the investigation was 
conducted on an aggregate basis.\9\ This investigation was conducted on 
a company-specific, rather than an aggregate, basis.
---------------------------------------------------------------------------

    \7\ See Letter from the petitioner, ``Certain Pasta from 
Turkey--Five-Year (``4th Sunset'') Review of Countervailing Duty 
Order,'' dated August 31, 2018 (Petitioners' Substantive Response).
    \8\ See Letter from the GOT, ``Substantive Response of the 
Government of Turkey in the Countervailing Duty 4th Sunset Review 
Involving Certain Pasta from Turkey,'' dated August 31, 2018 (GOT 
substantive response).
    \9\ See, e.g., Certain Pasta from Turkey: Final Results of 
Expedited Five-Year (``Sunset'') Review of the Countervailing Duty 
Order, 72 FR 5269 (February 5, 2007); Certain Carbon Steel Products 
from Sweden: Final Results of Expedited Sunset Review of 
Countervailing Duty Order, 65 FR 18304 (April 7, 2000).
---------------------------------------------------------------------------

    On September 20, 2018, Commerce notified the U.S. International 
Trade Commission that it did not receive an adequate substantive 
response from respondent interested parties.\10\ As a result, pursuant 
to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
has conducted an expedited (120-day) sunset review of the CVD order on 
certain pasta from Turkey.
---------------------------------------------------------------------------

    \10\ See Letter re: ``Sunset Reviews Initiated on August 1, 
2018,'' dated September 20, 2018.
---------------------------------------------------------------------------

Scope of the Order

    The scope of the CVD order consists of certain non-egg dry pasta in 
packages of five pounds (or 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 the order is typically sold in the retail market, in 
fiberboard or cardboard cartons or polyethylene or polyethylene bags, 
of varying dimensions.
    Excluded from the scope of the order 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 under review is currently classifiable under 
subheading 1902.19.20 of the Harmonized Tariff Schedule of the United 
States (HTSUS). Although the HTSUS subheading is provided for 
convenience and customs purposes, our written description of the scope 
of the order is dispositive.

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum,\11\ which is hereby adopted by this notice. 
The issues discussed in the Issues and Decision Memorandum are the 
likelihood of continuation or recurrence of a countervailable subsidy 
and the net countervailable subsidy likely to prevail if the order were 
revoked. The Issues and Decision Memorandum is a public

[[Page 62842]]

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 to all in the Central Records Unit, Room B8024, 
of the main 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 and electronic versions of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \11\ See Memorandum ``Issues and Decision Memorandum for the 
Expedited Fourth Sunset Review of the Countervailing Duty Order on 
Certain Pasta from Turkey,'' dated concurrently with this notice 
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

Final Results of Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines that revocation of the CVD order on pasta from Turkey would 
be likely to lead to the continuation or recurrence of a 
countervailable subsidy at the rates listed below:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
                   Exporter/producer                       subsidy rate
                                                            (percent)
------------------------------------------------------------------------
Filiz Gida Sanayi ve Ticaret (Filiz)...................             1.73
Maktas Makarnacilik ve Ticaret (Maktas)................            13.19
Oba Makernacilik Sanayi ve Ticaret (Oba)...............            13.18
All Others.............................................             8.95
------------------------------------------------------------------------

Notification to Interested Parties

    This notice also serves as the only 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. 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(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218.

    Dated: November 28, 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

I. Summary
II. History of the Order
III. Background
IV. Scope of the Order
    1. Rulings Relevant to Scope
V. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Likely to Prevail
    3. Nature of Subsidy
VI. Final Results of the Review
VII. Recommendation

[FR Doc. 2018-26430 Filed 12-4-18; 8:45 am]
 BILLING CODE 3510-DS-P
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