[Federal Register: February 5, 2007 (Volume 72, Number 23)]
[Notices]
[Page 5269-5271]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe07-33]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-806]
Certain Pasta From Turkey: Final Results of Expedited Five-Year
(``Sunset'') Review of the Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 2, 2006, the Department of Commerce (``the
Department'') published in the Federal Register the notice of
initiation of the second five-year sunset review of the countervailing
duty order on certain pasta (``pasta'') from Turkey, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See
Initiation of Five-year (``Sunset'') Reviews, 71 FR
[[Page 5270]]
57921 (October 2, 2006) (``Second Sunset Review''). The Department has
conducted an expedited sunset review of this order pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result
of this sunset review, the Department finds that revocation of the
countervailing duty order is 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.
EFFECTIVE DATE: February 5, 2007.
FOR FURTHER INFORMATION CONTACT: Audrey R. Twyman or Brandon Farlander,
AD/CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-3534
or (202) 482-0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
The countervailing duty order which covers pasta from Turkey was
published in the Federal Register on July 24, 1996. See Notice of
Countervailing Duty Order: Certain Pasta (``Pasta'') From Turkey, 61 FR
38546 (July 24, 1996). On October 2, 2006, the Department initiated the
second sunset review of this order, pursuant to section 751(c) of the
Act. See Second Sunset Review. The Department received a notice of
intent to participate from the following domestic parties: A. Zerega's
Sons, Inc.; American Italian Pasta Company; Dakota Growers Pasta
Company, Inc.; New World Pasta Company; and Philadelphia Macaroni
Company (collectively, ``domestic interested parties''), within the
deadline specified in 19 CFR 351.218(d)(1)(i). The companies claimed
interested party status under section 771(9)(C) of the Act, as
manufacturers of a domestic-like product in the United States.
The Department received a request for a 12-day extension of time
from the Government of the Republic of Turkey (``GRT'') to submit its
substantive response. The Department partially granted the GRT's
request and extended the deadline for filing a substantive response to
November 8, 2006. The same extension was also granted to the domestic
interested parties, per their request. On November 8, 2006, the
Department received complete substantive responses to the notice of
initiation from the domestic interested parties and from the GRT.
The Department did not receive any substantive responses from
Turkish producers or exporters of the merchandise covered by this
order. Based on the fact that a government's response alone, normally,
is not sufficient for full sunset reviews in which the orders are not
done on an aggregate basis, we determined to conduct an expedited (120
day) sunset review of this order. See section 751(c)(3)(A) of the Act
and 19 CFR 351.218(e)(1)(ii)(C)(2). See, e.g., Final Results of
Expedited Sunset Reviews of Countervailing Duty Orders: Pure Magnesium
and Alloy Magnesium from Canada, 70 FR 67140 (November 4, 2005). See
also Letter to Robert Carpenter, Director, Office of Investigations,
International Trade Commission, from Wendy Frankel, Director, Import
Administration, Department of Commerce, regarding inadequate response
to the notice of initiation from respondent interested parties
(November 21, 2006); and Memorandum from Saliha Loucif, International
Trade Compliance Analyst, to Susan Kuhbach, Office Director, Import
Administration, Department of Commerce, regarding ``Adequacy
Determination of the Second Sunset Review of the Countervailing Duty
Order on Certain Pasta from Turkey'' (November 21, 2006).
On January 19, 2007, the Department placed the calculation of the
all-others rate from the investigation onto the record of this sunset
review and allowed parties to comment. We received comment from
domestic interested parties and the GRT on January 24, 2007. No hearing
was held because none was requested.
Scope of the Order
Covered by the order are shipments of certain non-egg dry pasta in
packages of five pounds (2.27 kilograms) or less, whether or not
enriched or fortified or containing milk or other optional ingredients
such as chopped vegetables, vegetable purees, milk, gluten, diastases,
vitamins, coloring and flavorings, and up to two percent egg white. The
pasta covered by this order is typically sold in the retail market, in
fiberboard or cardboard cartons or polyethylene or polypropylene bags,
of varying dimensions.
Excluded from 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.
Scope Ruling
To date, the Department has issued the following scope ruling:
On October 26, 1998, the Department self-initiated a scope inquiry
to determine whether a package weighing over five pounds as a result of
allowable industry tolerances may be within the scope of the
countervailing duty order. On May 24, 1999, we issued a final scope
ruling finding that, effective October 26, 1998, pasta in packages
weighing or labeled up to (and including) five pounds four ounces is
within the scope of the countervailing duty order. See Memorandum from
John Brinkmann to Richard Moreland, dated May 24, 1999, which is on
file in the Central Records Unit (``CRU'') in room B-099 of the main
Department building.
Analysis of Comments Received
All issues raised in substantive responses by parties in this
sunset review are addressed in the ``Issues and Decision Memo for the
Expedited Sunset Review of the Countervailing Duty Order on Certain
Pasta from Turkey; Final Results,'' (``Decision Memo''), from Stephen
J. Claeys, Deputy Assistant Secretary for Import Administration, to
David M. Spooner, Assistant Secretary for Import Administration, dated
January 30, 2007, which is hereby adopted by this notice. The issues
discussed in the Decision Memo include the likelihood of continuation
or recurrence of a countervailable subsidy, the net countervailable
subsidy rate likely to prevail if the order were revoked, and the
nature of the subsidies.
Parties can find a complete discussion of all issues raised in this
sunset review and the corresponding recommendation in this public
memorandum which is on file in the CRU. In addition, a complete version
of the Decision Memo can be accessed directly on the Department's Web
page at http://ia.ita.doc.gov/frn/index.html. The paper copy and
electronic version of the Decision Memo are identical in content.
Final Results of Review
The Department determines that revocation of the countervailing
duty order on pasta from Turkey is likely to lead to continuation or
recurrence of countervailable subsidies at the following countervailing
duty rates:
------------------------------------------------------------------------
Net Subsidy
Manufacturer/Exporter Rate (percent)
------------------------------------------------------------------------
Filiz Gida Sanayi ve Ticaret............................ 3.03
[[Page 5271]]
Maktas Makarnacilik ve Ticaret/ Gidasa Gida San.Tic.A.S. 4.49
1......................................................
Oba Makarnacilik Sanayi ve Ticaret...................... 14.48
``All Others''.......................................... 10.25
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Notification Regarding Administrative Orders
This notice also serves as the only reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation which is
subject to sanction.
We are issuing and publishing this determination and notice in
accordance with sections 751(c), 752, and 777(i) of the Act.
Dated: January 30, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-1813 Filed 2-2-07; 8:45 am]
BILLING CODE 3510-DS-P