Certain Pasta From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review; 2019, 41816-41817 [2021-16475]

Download as PDF 41816 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The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the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). VerDate Sep<11>2014 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). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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 03AUN1 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 http://enforcement.trade.gov/ briefs and hearing requests are to be frn/index.html. 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 9990 41817 E:\FR\FM\03AUN1.SGM 03AUN1

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]


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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).

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[[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 http://enforcement.trade.gov/frn/index.html. 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\
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    \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