[Federal Register: October 5, 2001 (Volume 66, Number 194)]
[Notices]
[Page 51019-51020]
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DEPARTMENT OF COMMERCE
International TradE Administration
[C-489-806]
Final Results of Expedited Sunset Review: Countervailing Duty
Order on Certain Pasta From Turkey
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of expedited sunset review:
Countervailing duty order on certain pasta from Turkey.
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SUMMARY: On June 1, 2001, the Department of Commerce (``the
Department'') initiated a sunset review of the countervailing duty
order on certain pasta (``pasta'') from Turkey (66 FR 29771) pursuant
to section 751(c) of the Tariff Act of 1930, as amended (``the Act'').
On the basis of a notice of intent to participate and adequate
substantive comments filed on behalf of the domestic interested
parties, and inadequate response (in this case, no response) from
respondent interested parties, the Department is conducting an
expedited (120-day) sunset review of this countervailing duty order. As
a result of this review, the Department finds that revocation of the
countervailing duty order would be likely to lead to continuation or
recurrence of a countervailable subsidy. The net countervailable
subsidy and the nature of the subsidy are identified in the Final
Results of Review section of this notice.
EFFECTIVE DATE: October 5, 2001.
FOR FURTHER INFORMATION CONTACT: Martha V. Douthit or Carole A.
Showers, Office of Policy for Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, D.C. 20230; telephone: (202) 482-
5050 or (202) 482-3217, respectively.
SUPPLEMENTARY INFORMATION:
Statute and Regulations
Unless otherwise indicated, all citations to the Act are references
to the provisions effective January 1, 1995, the effective date of the
amendments made to the Act by the Uruguay Round Agreement Act
(``URAA''). The Department's procedures for the conduct of sunset
reviews are set forth in Procedures for Conducting Five-year
(``Sunset'') Reviews of Antidumping and Countervailing Duty Orders, 63
FR 13516 (March 20, 1998) (``Sunset Regulations''), and in 19 CFR Part
351 (2000) in general. Guidance on methodological or analytical issues
relevant to the Department's conduct of sunset reviews is set forth in
the Department's Policy Bulletin 98:3 Policies Regarding the Conduct of
Five-year (``Sunset'') Reviews of Antidumping and Countervailing Duty
Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset Policy
Bulletin'').
Scope of Review
The scope of this review covers 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. Pasta covered by this review is typically sold in the retail
market, in fiberboard or cardboard cartons or polyethylene or
polypropylene bags, of varying dimensions.
Excluded from the order and this review 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 subject merchandise 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 this
review is dispositive.
Scope Ruling
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.
[[Page 51020]]
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 May 24, 1999, memorandum from John
Brinkman to Richard Moreland, which is on file in the Central Records
Unit (``CRU'') in Room B-099 of the main Commerce building.)
Background
On June 1, 2001, the Department initiated a sunset review of the
countervailing duty orders on pasta from Turkey, pursuant to section
751(c) of the Act (66 FR 29771). The Department received a notice of
intent to participate on behalf of New World Pasta, American Italian
Pasta Company, Borden Foods Corporation, and Dakota Growers Pasta
Company (collectively, ``the domestic interested parties''), on June
15, 2001, within the applicable deadline specified in section
351.218(d)(1)(i) of the Sunset Regulations. Pursuant to section
771(9)(C) of the Act, the domestic interested parties claimed
interested party status as producers of certain pasta. In addition, the
domestic interested parties assert that most of the domestic interested
parties participated in the original investigation and the scope
clarification proceeding.\1\ On June 29, 2001, we received a request
for extension of time to file substantive responses and rebuttal
comments from the domestic interested parties.\2\ The Department
received a complete substantive response from the domestic interested
parties on July 16, 2001. The Department did not receive substantive
responses from any respondent interested party in this proceeding.\3\
As a result, pursuant to 19 CFR 351.218(e)(2)(ii)(C), the Department
determined to conduct an expedited, 120-day, sunset review of the
countervailing duty order on pasta from Turkey.\4\
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\1\ See Substantive Response by the Domestic Industry, Sunset
Review of the Countervailing Duty Order on Certain Pasta from
Turkey, July 2, 2001, at 4.
\2\ On June 29, 2001, the Department received a letter on behalf
of the domestic interested parties regarding request for additional
time to file substantive and rebuttal comments in this sunset
review. On June 29, 2001, the Department granted the extension to
the domestic parties and to all participants. Pursuant to 19 CFR
351.302(b), the deadline for all parties filing substantive
responses was extended to July 16, 2001.
Pursuant to 19 CFR 351.218(d)(4), the time for filing rebuttal
comments was therefore extended to July 23, 2001 for all parties. In
this review, no rebuttal briefs were filed.
\3\ On June 20, 2001, the Department received a letter from the
Government of Turkey (``GOT'') regarding its interest in
participating in the sunset proceeding regarding the countervailing
duty order on certain pasta from Turkey. However, the Department did
not receive a substantive response from the GOT.
\4\ See July 23, 2001, Letter from Jeffrey A. May, Director,
Office of Policy, to Lynn Featherstone, Director, Office of
Investigations, International Trade Commission, regarding Pasta from
Turkey: Expedited Sunset Reviews of Antidumping and Countervailing
Duty Orders.
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Analysis of Comments Received
All issues raised by parties to this sunset review are addressed in
the Issues and Decision Memorandum (``Decision Memorandum'') from
Jeffrey A. May, Director, Office of Policy, Import Administration, to
Faryar Shirzad, Assistant Secretary for Import Administration, dated
October 1, 2001, which is hereby adopted by this notice. The issues
discussed in the Decision Memorandum include the likelihood of
continuation or recurrence of countervailing subsidies and the net
subsidy likely to prevail were the order revoked. Parties can find a
complete discussion of all issues raised in this review and the
corresponding recommendations in this public memorandum, which is on
file in the Central Records Unit, room B-099, of the main Commerce
building. In addition, a complete version of the Decision Memorandum
can be accessed directly on the Web at https://enforcement.trade.gov/frn, under
the heading ``October 2001.'' The paper copy and electronic version of
the Decision Memorandum are identical in content.
Final Results of Review
We determine that revocation of the countervailing duty order on
pasta from Turkey would likely lead to continuation or recurrence of a
countervailable subsidy at the rates listed below:
Turkey
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Net
Manufacturer/producer/exporters Countervailable
subsidy
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Filiz.................................................. 3.87
Maktas................................................. 13.12
Oba.................................................... 15.82
All Other (manufacturers/producers/exporters).......... 9.70
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Nature of the Subsidies
Five of the programs included in the calculations of the net
countervailable subsidy likely to prevail if the order were revoked
fall within the definition of an export subsidy under Article 3.1(a) of
the Subsidies Agreement. They are: Pre-Shipment Export Loans, Pasta
Export Grants, Free Wheat Program, Payment for Exports on Turkish
Ships/State Aid for Exports, and Tax Exemption Based on Export
Earnings.
This notice serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305 of the Department's regulations.
Timely notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
This five-year (``sunset'') review and notice are in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: October 1, 2001.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 01-25103 Filed 10-4-01; 8:45 am]
BILLING CODE 3510-DS-P