71 FR 52774, September 7, 2006
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-806]
Certain Pasta from Turkey: Final Results of Countervailing Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 9, 2006, the U.S. Department of Commerce (``the
Department'') published in the Federal Register its preliminary results
of the administrative review of the countervailing duty order on
certain pasta from Turkey for the period January 1, 2004, through
December 31, 2004. See Certain Pasta From Turkey: Preliminary Results
of Countervailing Duty Administrative Review, 71 FR 33439 (June 9,
2006) (``Preliminary Results''). We preliminarily found that Gidasa
Sabanci Gida Sanayi ve Ticaret A.S. (``Gidasa'') did not receive
countervailable subsidies during the period of review. We did not
receive any comments on our preliminary results, and we have made no
revisions.
EFFECTIVE DATE: September 7, 2006.
FOR FURTHER INFORMATION CONTACT: Audrey Twyman or Brandon Farlander,
AD/CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3534 and (202) 482-0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, the Department published in the Federal Register
the countervailing duty order on certain pasta from Turkey. See Notice
of Countervailing Duty Order: Certain Pasta from Turkey, 61 FR 38546
(July 24, 1996). On June 9, 2006, the Department published in the
Federal Register its preliminary results of the administrative review
of the countervailing duty order on certain pasta from Turkey for the
period January 1, 2004, through December 31, 2004. See Preliminary
Results. In accordance with 19 CFR 351.213(b), this review of the order
covers Gidasa, a producer and exporter of subject merchandise.
In the Preliminary Results, we invited interested parties to submit
briefs or request a hearing. The Department did not conduct a hearing
in this review because none was requested, and no briefs were received.
Scope of 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
Commerce building.
Period of Review
The period of review (``POR'') for which we are measuring subsidies
is from January 1, 2004, through December 31, 2004.
Final Results of Review
As noted above, the Department received no comments concerning the
preliminary results; consistent with the preliminary results, we find
that Gidasa did not receive countervailable subsidies during the POR.
As there have been no changes or comments from the preliminary results
we are not attaching a Decision Memorandum to this Federal Register
notice. For further details of the
[[Page 52775]]
programs included in this proceeding, see the Preliminary Results.
------------------------------------------------------------------------
Company Ad valorem rate
------------------------------------------------------------------------
Gidasa Sabanci Gida Sanayi ve Ticaret A.S........... 0.00 percent
------------------------------------------------------------------------
Assessment Rates/Cash Deposits
Because Gidasa did not receive countervailable subsidies during the
POR, we will instruct U.S. Customs and Border Protection (``CBP'') to
liquidate all of Gidasa's entries without regard to countervailing
duties. Also, since Gidasa has a zero countervailable subsidy rate, the
Department will instruct CBP to continue to suspend liquidation of
entries, but to collect no cash deposits of estimated countervailing
duties for Gidasa on all shipments of the subject merchandise that are
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this administrative review.
For all non-reviewed companies, the Department has instructed CBP
to assess countervailing duties at the cash deposit rates in effect at
the time of entry, for entries between January 1, 2004, and December
31, 2004. The cash deposit rates for all companies not covered by this
review are not changed by the results of this review.
Return or Destruction of Proprietary Information
This notice serves as a 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(a)(3). Timely written
notification of return or 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.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 31, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-14844 Filed 9-6-06; 8:45 am]
BILLING CODE 3510-DS-S