Certain Pasta From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review; 2019, 41816-41817 [2021-16475]
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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices
intends to issue appropriate assessment
instructions to CBP no earlier than 41
days after the date of publication of the
final results of this review in the
Federal Register, in accordance with 19
CFR 356.8(a).
For Negromex, because its weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.5 percent),
Commerce has calculated importerspecific antidumping duty assessment
rates. We calculated importer-specific
antidumping duty assessment rates by
aggregating the total amount of dumping
calculated for the examined sales to that
importer and dividing each of these
amounts by the total sales value
associated with those sales. We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review where an importerspecific assessment rate is not zero or de
minimis. Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping
duties any entries for which the
importer-specific assessment rate is zero
or de minimis.
Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by Negromex, for which
Negromex did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.8
jbell on DSKJLSW7X2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
For Negromex, the cash deposit rate will
be the rate established in the final
results of this review; (2) for
merchandise exported by producers or
exporters not covered in this
administrative review, but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, a previous
review, or the original less-than-fairvalue (LTFV) investigation, but the
producer is, the cash deposit rate will be
8 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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17:21 Aug 02, 2021
Jkt 253001
the rate established for the most recent
period for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 19.52 percent, the
all-others rate established in the LTFV
investigation.9 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
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 Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under the APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
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 Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: July 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Rejection of Unsolicited New
Factual Information (NFI)
Comment 2: Correction of a Calculation
Error
9 See Emulsion Styrene-Butadiene Rubber from
Brazil, the Republic of Korea, Mexico, and Poland:
Antidumping Duty Orders, 82 FR 42790 (September
12, 2017).
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VI. Recommendation
[FR Doc. 2021–16473 Filed 8–2–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–806]
Certain Pasta From the Republic of
Turkey: Preliminary Results of
Countervailing Duty Administrative
Review; 2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are not
being provided to Bessan Makarna Gida
San. ve Tic. A.S., a producer/exporter of
certain pasta from the Republic of
Turkey. The period of review (POR) is
January 1, 2019, through December 31,
2019. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable August 3, 2021.
FOR FURTHER INFORMATION CONTACT:
Theodore Pearson or Richard Roberts,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: 202–482–2631 or
202–482–3464, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 14, 1996, Commerce
published in the Federal Register the
countervailing duty (CVD) order on
certain pasta from the Republic of
Turkey (Turkey).1 On September 3,
2020, Commerce published an initiation
notice for an administrative review of
the Order.2 On March 19, 2021
Commerce extended the deadline for
these preliminary results to no later
than July 30, 2021.3 For a complete
description of the events that followed
the Initiation Notice, see the
Preliminary Decision Memorandum.4
1 See Countervailing Duty Order; Certain Pasta
from Turkey, 61 FR 38546 (July 14, 1996) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
19730 (April 8, 2020).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review; 2019,’’ dated March 19,
2021.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of 2019 Countervailing
Duty Administrative Review: Pasta from Turkey,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
E:\FR\FM\03AUN1.SGM
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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices
argument; and (3) a table of authorities.7
All briefs must be filed electronically
The products covered by the Order
using ACCESS. All briefs must be filed
are certain pasta from Turkey. For a
electronically using ACCESS.
complete description of the scope of the
Pursuant to 19 CFR 351.310(c),
Order, see the Preliminary Decision
interested parties who wish to request a
Memorandum.
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
Methodology
written request to the Assistant
Commerce is conducting this review
Secretary for Enforcement and
in accordance with section 751(a)(1)(A)
Compliance, U.S. Department of
of the Tariff Act of 1930, as amended
Commerce, within 30 days after the date
(the Act). For a full description of the
of publication of this notice. Hearing
methodology underlying our
requests should contain: (1) The party’s
preliminary conclusions, see the
name, address, and telephone number;
Preliminary Decision Memorandum.
(2) the number of participants, whether
The Preliminary Decision
any participant is a foreign national; and
Memorandum is a public document and (3) a list of the issues to be discussed.
is on file electronically via Enforcement If a request for a hearing is made,
and Compliance’s Antidumping and
Commerce intends to hold the hearing
Countervailing Duty Centralized
at a date and time to be determined.8
Electronic Service System (ACCESS).
An electronically-filed document
ACCESS is available to registered users
must be received successfully in its
at https://access.trade.gov. In addition, a entirety by ACCESS by 5:00 p.m.
complete version of the Preliminary
Eastern Time on the established
Decision Memorandum can be accessed deadline. Parties are reminded that
directly at https://enforcement.trade.gov/ briefs and hearing requests are to be
frn/. A list of topics
filed electronically using ACCESS and
discussed in the Preliminary Decision
that electronically filed documents must
Memorandum is included as an
be received successfully in their entirety
appendix to this notice.
by 5 p.m. Eastern Time on the due date.
Note that Commerce has temporarily
Preliminary Results of the Review
modified certain of its requirements for
In accordance with 19 CFR
serving documents containing business
351.221(b)(4)(i), we preliminarily
proprietary information, until further
determine that Bessan did not receive
notice.9
countervailable subsidies during the
Commerce intends to issue the final
POR:
results of this administrative review,
including the results of our analysis of
Subsidy rate
Producer/exporter
the issues raised by the parties in their
(percent)
comments, no later than 120 days after
the date of publication of this notice,
Bessan Makarna Gida San.
ve Tic. A.S ........................
0.00
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h), unless this
deadline is extended.
Disclosure and Public Comment
jbell on DSKJLSW7X2PROD with NOTICES
Scope of the Order
We did not perform calculations for
these preliminary results and,
consequently, we do not have
calculations to disclose in accordance
with 19 CFR 351.224(b). Interested
parties may submit written comments
(case briefs) on the preliminary results
no later than 30 days from the date of
publication of this Federal Register
notice,5 and rebuttal comments (rebuttal
briefs) within seven days after the time
limit for filing case briefs.6 Pursuant to
19 CFR 351.309(d)(2), rebuttal briefs
must be limited to issues raised in the
case briefs. Parties who submit
arguments are requested to submit with
the argument: (1) A statement of the
issue; (2) a brief summary of the
Assessment Rates
Consistent with 19 CFR
351.212(b)(4)(i), upon completion of the
final results, consistent with 751(a)(1) of
the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries covered by this
review. If Commerce continues to find
that Bessan received no countervailable
subsidies in the final results, Commerce
intends to instruct CBP to liquidate
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after January 1,
2019, through December 31, 2019,
without regard to countervailing duties.
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
In accordance with section
751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash
deposits of estimated countervailing
duties at the rate determined in the final
results. If Commerce continues to find
that Bessan received no countervailable
subsidies in the final results, no cash
deposit will be required on shipments of
the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, CBP
will continue to collect cash deposits at
the most recent company-specific or allothers rate applicable to the company,
as appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Interested Parties
These preliminary results are issued
and published pursuant to sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: July 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of Turkey’s Economy
V. Subsidies Valuation
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2021–16475 Filed 8–2–21; 8:45 am]
BILLING CODE 3510–DS–P
7 See
5 See
19 CFR 351.309(c).
6 See 19 CFR 351.309(d)(i); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19, 85 FR 17006, 17007 (March 26, 2020).
VerDate Sep<11>2014
17:21 Aug 02, 2021
Jkt 253001
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.310(c).
9 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
8 See
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]]>Agencies
[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41816-41817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16475]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-806]
Certain Pasta From the Republic of Turkey: Preliminary Results of
Countervailing Duty Administrative Review; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are not being provided to Bessan Makarna
Gida San. ve Tic. A.S., a producer/exporter of certain pasta from the
Republic of Turkey. The period of review (POR) is January 1, 2019,
through December 31, 2019. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable August 3, 2021.
FOR FURTHER INFORMATION CONTACT: Theodore Pearson or Richard Roberts,
AD/CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: 202-482-2631 or 202-482-
3464, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 14, 1996, Commerce published in the Federal Register the
countervailing duty (CVD) order on certain pasta from the Republic of
Turkey (Turkey).\1\ On September 3, 2020, Commerce published an
initiation notice for an administrative review of the Order.\2\ On
March 19, 2021 Commerce extended the deadline for these preliminary
results to no later than July 30, 2021.\3\ For a complete description
of the events that followed the Initiation Notice, see the Preliminary
Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ See Countervailing Duty Order; Certain Pasta from Turkey, 61
FR 38546 (July 14, 1996) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 19730 (April 8, 2020).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2019,'' dated
March 19, 2021.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of 2019 Countervailing Duty Administrative Review: Pasta
from Turkey,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
[[Page 41817]]
Scope of the Order
The products covered by the Order are certain pasta from Turkey.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For a
full description of the methodology underlying our preliminary
conclusions, see the Preliminary Decision Memorandum.
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 https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. A
list of topics discussed in the Preliminary Decision Memorandum is
included as an appendix to this notice.
Preliminary Results of the Review
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
determine that Bessan did not receive countervailable subsidies during
the POR:
------------------------------------------------------------------------
Subsidy rate
Producer/exporter (percent)
------------------------------------------------------------------------
Bessan Makarna Gida San. ve Tic. A.S................... 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
We did not perform calculations for these preliminary results and,
consequently, we do not have calculations to disclose in accordance
with 19 CFR 351.224(b). Interested parties may submit written comments
(case briefs) on the preliminary results no later than 30 days from the
date of publication of this Federal Register notice,\5\ and rebuttal
comments (rebuttal briefs) within seven days after the time limit for
filing case briefs.\6\ Pursuant to 19 CFR 351.309(d)(2), rebuttal
briefs must be limited to issues raised in the case briefs. Parties who
submit arguments are requested to submit with the argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\7\ All briefs must be filed electronically using
ACCESS. All briefs must be filed electronically using ACCESS.
---------------------------------------------------------------------------
\5\ See 19 CFR 351.309(c).
\6\ See 19 CFR 351.309(d)(i); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Hearing requests should
contain: (1) The party's name, address, and telephone number; (2) the
number of participants, whether any participant is a foreign national;
and (3) a list of the issues to be discussed. If a request for a
hearing is made, Commerce intends to hold the hearing at a date and
time to be determined.\8\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
An electronically-filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline. Parties are reminded that briefs and hearing requests are to
be filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5 p.m.
Eastern Time on the due date. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\9\
---------------------------------------------------------------------------
\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
---------------------------------------------------------------------------
Commerce intends to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
the parties in their comments, no later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h), unless this deadline is extended.
Assessment Rates
Consistent with 19 CFR 351.212(b)(4)(i), upon completion of the
final results, consistent with 751(a)(1) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries covered by this review. If Commerce continues to find that
Bessan received no countervailable subsidies in the final results,
Commerce intends to instruct CBP to liquidate shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after January 1, 2019, through December 31, 2019, without regard to
countervailing duties. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties at the rate determined in the final results. If
Commerce continues to find that Bessan received no countervailable
subsidies in the final results, no cash deposit will be required on
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review. For all non-reviewed firms, CBP will
continue to collect cash deposits at the most recent company-specific
or all-others rate applicable to the company, as appropriate. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: July 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of Turkey's Economy
V. Subsidies Valuation
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2021-16475 Filed 8-2-21; 8:45 am]
BILLING CODE 3510-DS-P
