82 FR 36737 - Certain Pasta From Turkey: Preliminary Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 150 (August 7, 2017)

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain pasta (pasta) from Turkey. The review covers one exporter and producer of subject merchandise, Mutlu Makarnacilik Sanayi ve Ticaret A.S. (Mutlu). The period of review (POR) is July 1, 2015 through June 30, 2016. The Department preliminarily determines that Mutlu did not make a bona fide sale during the POR; therefore, we are preliminarily rescinding this administrative review. Interested parties are invited to comment on the preliminary results of this review.

[Federal Register Volume 82, Number 150 (Monday, August 7, 2017)]
[Notices]
[Pages 36737-36738]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16577]



[[Page 36737]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-805]


Certain Pasta From Turkey: Preliminary Results of Antidumping 
Duty Administrative Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain pasta 
(pasta) from Turkey. The review covers one exporter and producer of 
subject merchandise, Mutlu Makarnacilik Sanayi ve Ticaret A.S. (Mutlu). 
The period of review (POR) is July 1, 2015 through June 30, 2016. The 
Department preliminarily determines that Mutlu did not make a bona fide 
sale during the POR; therefore, we are preliminarily rescinding this 
administrative review. Interested parties are invited to comment on the 
preliminary results of this review.

DATES: Applicable August 7, 2017.

FOR FURTHER INFORMATION CONTACT: Fred Baker, AD/CVD Operations, Office 
VI, Enforcement and Compliance, International Trade Administration, 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-2924.

SUPPLEMENTARY INFORMATION: 

Background

    On July 24, 1996, the Department published the antidumping duty 
order on pasta from Turkey.\1\ On July 5, 2016, the Department 
published a notice of an opportunity for interested parties to request 
an administrative review of the antidumping duty order on pasta from 
Turkey.\2\ On July 29, 2016, the Department received a timely request 
for review of the order from Mutlu.\3\ Accordingly, on September 12, 
2016, the Department published a notice of initiation of administrative 
review of the antidumping duty order on pasta from Turkey, covering the 
period July 1, 2015, through June 30, 2016.\4\ The Department 
subsequently issued initial and supplemental questionnaires to Mutlu, 
including an importer questionnaire to which we requested that Mutlu 
respond, if necessary, in collaboration with its importer.\5\ We 
received timely responses to these questionnaires. On April 3, 2017, 
and again on May 31, 2017, the Department extended the preliminary 
results of this review.\6\
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    \1\ See Notice of Antidumping Duty Order and Amended Final 
Determination of Sales at Less than Fair Value: Certain Pasta from 
Turkey, 61 FR 38545 (July 24, 1996).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 81 FR 43584 (July 5, 2016).
    \3\ See Letter from Mutlu, ``Request for Administrative Review; 
Antidumping Duty Order Involving Certain Pasta from Turkey,'' dated 
July 29, 2016.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 62720 (September 12, 2016) (Initiation 
Notice).
    \5\ See Department Letter to Mutlu, dated June 19, 2017 
(importer questionnaire).
    \6\ See Memorandum, ``Certain Pasta from Turkey: Extension of 
Deadline for Preliminary Results of Antidumping Duty Administrative 
Review,'' dated April 3, 2017; see also Memorandum, ``Certain Pasta 
from Turkey: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated May 31, 2017 
(extending the deadline until July 31, 2017).
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Scope of the Order

    Imports covered by this order are shipments of certain non-egg dry 
pasta in packages of five pounds four ounces 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.
    For a full description of the scope of the order, see the 
Preliminary Decision Memorandum, (Preliminary Decision Memorandum).\7\
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    \7\ See ``Decision Memorandum for the Preliminary Results of the 
Antidumping Duty Administrative Review of Certain Pasta from 
Turkey,'' dated July 31, 2017. A list of the topics discussed in the 
Preliminary Decision Memorandum appears in Appendix I of this 
notice.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
For a full description of the methodology underlying our conclusions, 
see the Preliminary Decision Memorandum, which is hereby adopted by 
this notice. 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 http://access.trade.gov and is available in the Central Records Unit, room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic version of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Rescission of the Antidumping Administrative Review of 
Mutlu

    As discussed in the Bona Fide Sales Analysis Memorandum,\8\ the 
Department preliminarily finds that the sale made by Mutlu serving as 
the basis for this review is not a bona fide sale. Limited information 
is on the record of this review, due to Mutlu's importer's failure to 
respond to the importer questionnaire. Nonetheless, the Department 
reached this conclusion based on the totality of the record information 
surrounding Mutlu's reported sales, including those sales prices and 
quantities and the limited number of sales (i.e., one sale) that Mutlu 
reported during the POR.
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    \8\ See Memorandum, ``2015-2016 Antidumping Duty Administrative 
Review of Certain Pasta from Turkey: Preliminary Bona Fide Sales 
Analysis for Mutlu Makarnacilik Sanayi ve Ticaret A.S.,'' (Bona Fide 
Sales Analysis Memorandum) dated concurrently with, and hereby 
adopted by, this notice.
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    Because the non-bona fide sale was the only reported sale of 
subject merchandise during the POR, we find that Mutlu had no 
reviewable transactions during this POR. Accordingly, we are 
preliminarily rescinding this administrative review.\9\ Given that the 
factual information used in our bona fides analysis of Mutlu's sale 
involves business proprietary information, see the Bona Fide Sales 
Analysis Memorandum for a full discussion of the basis for our 
preliminary determination.
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    \9\ See 19 CFR 351.213(d)(3).
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Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of the preliminary results of review.\10\ 
Rebuttals to case briefs may be filed no later than five days after the 
briefs are filed.\11\ All rebuttal comments must be limited to comments 
raised in the case briefs.\12\
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    \10\ See 19 CFR 351.309(c).
    \11\ See 19 CFR 351.309(d)(1).
    \12\ See 19 CFR 351.309(d)(2).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement & 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice.\13\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. Oral

[[Page 36738]]

argument presentations will be limited to issues raised in the briefs. 
If a request for a hearing is made, the Department intends to hold the 
hearing at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230, at a date and time to be determined.\14\ 
Parties should confirm by telephone the date, time, and location of the 
hearing two days before the scheduled date.
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    \13\ See 19 CFR 351.310(c).
    \14\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due date. 
Documents excepted from the electronic submission requirements must be 
filed manually (i.e., in paper form) with the APO/Dockets Unit in Room 
18022, and stamped with the date and time of receipt by 5 p.m. ET on 
the due date.\15\
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    \15\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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    The Department intends to issue the final results of this 
administrative review, which will include the results of its analysis 
of issues raised in any briefs received, no later than 90 days after 
the date these preliminary results of review are issued, pursuant to 
section 751(a)(2)(B) of the Act.

Assessment Rates

    If the Department proceeds to a final rescission of this 
administrative review, the assessment rate to which Mutlu's shipments 
will be subject will not be affected by this review. If the Department 
does not proceed to a final rescission of this administrative review, 
pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific 
(or customer-specific) assessment rates based on the final results of 
this review.

Cash Deposit Requirements

    If the Department proceeds to a final rescission of this 
administrative review, Mutlu's cash deposit rate will continue to be 
the all-others rate. If the Department issues final results for this 
administrative review, the Department will instruct CBP to collect cash 
deposits, effective upon the publication of the final results, at the 
rates established therein.

Notification to Importers

    This notice also serves as a preliminary 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: July 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I



List of Sections in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Conclusion

[FR Doc. 2017-16577 Filed 8-4-17; 8:45 am]
BILLING CODE 3510-DS-P