83 FR 62841 - Certain Pasta From Turkey: Final Results of the Expedited Fourth Sunset Review of the Countervailing Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 234 (December 6, 2018)

Page Range		62841-62842
FR Document		2018-26430

The Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on certain pasta from Turkey would be 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.

Federal Register, Volume 83 Issue 234 (Thursday, December 6, 2018)

[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Pages 62841-62842]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-26430]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-806]

Certain Pasta From Turkey: Final Results of the Expedited Fourth
Sunset Review of the Countervailing Duty Order

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

SUMMARY: The Department of Commerce (Commerce) finds that revocation of
the countervailing duty (CVD) order on certain pasta from Turkey would
be 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.

DATES: Applicable December 5, 2018.

FOR FURTHER INFORMATION CONTACT: Aimee Phelan or Mary Kolberg at (202)
482-0697 or (202) 482-1785, respectively; AD/CVD Operations, Office I,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.

SUPPLEMENTARY INFORMATION:

Background

On July 24, 1996, Commerce published the CVD order on certain pasta
from Turkey.\1\ On August 1, 2018, Commerce published the notice of
initiation of the fourth sunset review of this order, pursuant to
section 751(c)(2) of the Tariff Act of 1930, as amended (the Act).\2\
On August 16, 2018, Commerce received a notice of intent to participate
from A. Zerega's Sons, Inc. (Zerega), Dakota Growers Pasta Company,
Inc. (Dakota Growers), Riviana Foods, Inc. (Riviana) (formerly, New
World Pasta Company),\3\ and TreeHouse Foods, Inc. (TreeHouse)
(formerly, The American Italian Pasta Company) \4\ within the deadline
specified in 19 CFR 351.218(d)(1)(i).\5\ Zerega, Dakota Growers,
Riviana, and TreeHouse claimed interested party status under section
771(9)(C) of the Act as producers of pasta in the United States.\6\
---------------------------------------------------------------------------

\1\ See Notice of Countervailing Duty Order: Certain Pasta
(``Pasta'') From Turkey, 61 FR 38546 (July 24, 1996) (Order); see
also Final Affirmative Countervailing Duty Determination: Certain
Pasta (``Pasta'') from Turkey, 61 FR 30366 (June 14, 1996) (Final
Determination).
\2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 37463
(August 1, 2018).
\3\ New World Pasta Company merged into Riviana Foods Inc.
effective January 1, 2017.
\4\ The American Italian Pasta Company was acquired by TreeHouse
Foods in February 1, 2016.
\5\ See Letter from Zerega, Dakota Growers, Riviana, and
Treehouse, ``Five-Year (Sunset) Review of the Countervailing Duty
Order on Certain Pasta from Turkey--Domestic Interested Parties'
Notice of Intent to Participate,'' dated August 16, 2018 (Domestic
Parties' Notice of Intent to Participate).
\6\ See Letter from Domestic Interested Parties, ``Five-Year
(Sunset) Review of the Countervailing Duty Order on Certain Pasta
from Turkey--Domestic Interested Parties' Notice of Intent to
Participate,'' August 16, 2018. As domestic producers of certain
pasta, the petitioners are interested parties to this proceeding
pursuant to section 771(9)(C) of the Act.
---------------------------------------------------------------------------

On August 31, 2018, Commerce received an adequate substantive
response to the notice of initiation from domestic interested parties
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\7\ On
August 31, 2018, Commerce also received a substantive response from the
Government of Turkey (GOT).\8\ However, we received no substantive
responses from respondent interested parties who are producers or
exporters of merchandise subject to the order covered by this sunset
review. A government's response alone, normally, is not sufficient for
Commerce to conduct a full sunset review, unless the investigation was
conducted on an aggregate basis.\9\ This investigation was conducted on
a company-specific, rather than an aggregate, basis.
---------------------------------------------------------------------------

\7\ See Letter from the petitioner, ``Certain Pasta from
Turkey--Five-Year (``4th Sunset'') Review of Countervailing Duty
Order,'' dated August 31, 2018 (Petitioners' Substantive Response).
\8\ See Letter from the GOT, ``Substantive Response of the
Government of Turkey in the Countervailing Duty 4th Sunset Review
Involving Certain Pasta from Turkey,'' dated August 31, 2018 (GOT
substantive response).
\9\ See, e.g., Certain Pasta from Turkey: Final Results of
Expedited Five-Year (``Sunset'') Review of the Countervailing Duty
Order, 72 FR 5269 (February 5, 2007); Certain Carbon Steel Products
from Sweden: Final Results of Expedited Sunset Review of
Countervailing Duty Order, 65 FR 18304 (April 7, 2000).
---------------------------------------------------------------------------

On September 20, 2018, Commerce notified the U.S. International
Trade Commission that it did not receive an adequate substantive
response from respondent interested parties.\10\ As a result, pursuant
to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce
has conducted an expedited (120-day) sunset review of the CVD order on
certain pasta from Turkey.
---------------------------------------------------------------------------

\10\ See Letter re: ``Sunset Reviews Initiated on August 1,
2018,'' dated September 20, 2018.
---------------------------------------------------------------------------

Scope of the Order

The scope of the CVD order consists of certain non-egg dry pasta in
packages of five pounds (or 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 the order is typically sold in the retail market, in
fiberboard or cardboard cartons or polyethylene or polyethylene bags,
of varying dimensions.
Excluded from the scope of 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.

Analysis of Comments Received

All issues raised in this sunset review are addressed in the Issues
and Decision Memorandum,\11\ which is hereby adopted by this notice.
The issues discussed in the Issues and Decision Memorandum are the
likelihood of continuation or recurrence of a countervailable subsidy
and the net countervailable subsidy likely to prevail if the order were
revoked. The Issues and Decision Memorandum is a public

[[Page 62842]]

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 to all in the Central Records Unit, Room B8024,
of the main Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

\11\ See Memorandum ``Issues and Decision Memorandum for the
Expedited Fourth Sunset Review of the Countervailing Duty Order on
Certain Pasta from Turkey,'' dated concurrently with this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

Final Results of Review

Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce
determines that revocation of the CVD order on pasta from Turkey would
be likely to lead to the continuation or recurrence of a
countervailable subsidy at the rates listed below:

------------------------------------------------------------------------
Net
countervailable
Exporter/producer subsidy rate
(percent)
------------------------------------------------------------------------
Filiz Gida Sanayi ve Ticaret (Filiz)................... 1.73
Maktas Makarnacilik ve Ticaret (Maktas)................ 13.19
Oba Makernacilik Sanayi ve Ticaret (Oba)............... 13.18
All Others............................................. 8.95
------------------------------------------------------------------------

Notification to Interested Parties

This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. 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 sanctionable violation.
We are issuing and publishing these results in accordance with
sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218.

Dated: November 28, 2018.
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

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. History of the Order
III. Background
IV. Scope of the Order
1. Rulings Relevant to Scope
V. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of a Countervailable
Subsidy
2. Net Countervailable Subsidy Likely to Prevail
3. Nature of Subsidy
VI. Final Results of the Review
VII. Recommendation

[FR Doc. 2018-26430 Filed 12-4-18; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices 62841

sanction. We are issuing and publishing pasta from Turkey.1 On August 1, 2018, conducted on an aggregate basis.9 This
these final results and notice in Commerce published the notice of investigation was conducted on a
accordance with sections 751(c), 752(c), initiation of the fourth sunset review of company-specific, rather than an
and 777(i)(1) of the Act and 19 CFR this order, pursuant to section 751(c)(2) aggregate, basis.
351.218. of the Tariff Act of 1930, as amended On September 20, 2018, Commerce
Dated: November 28, 2018. (the Act).2 On August 16, 2018, notified the U.S. International Trade
Commerce received a notice of intent to Commission that it did not receive an
Gary Taverman,
participate from A. Zerega’s Sons, Inc. adequate substantive response from
Deputy Assistant Secretary for Antidumping
(Zerega), Dakota Growers Pasta respondent interested parties.10 As a
and Countervailing Duty Operations,
performing the non-executive functions and Company, Inc. (Dakota Growers), result, pursuant to 751(c)(3)(B) of the
duties of the Assistance Secretary for Riviana Foods, Inc. (Riviana) (formerly, Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
Enforcement and Compliance. New World Pasta Company),3 and Commerce has conducted an expedited
TreeHouse Foods, Inc. (TreeHouse) (120-day) sunset review of the CVD
Appendix (formerly, The American Italian Pasta order on certain pasta from Turkey.
List of Topics Discussed in the Issues and Company) 4 within the deadline
Decision Memorandum specified in 19 CFR 351.218(d)(1)(i).5 Scope of the Order
1. Summary Zerega, Dakota Growers, Riviana, and The scope of the CVD order consists
2. Background TreeHouse claimed interested party of certain non-egg dry pasta in packages
3. Scope of the Orders status under section 771(9)(C) of the Act of five pounds (or 2.27 kilograms) or
4. History of the Orders as producers of pasta in the United less, whether or not enriched or fortified
5. Legal Framework States.6 or containing milk or other optional
6. Discussion of the Issues On August 31, 2018, Commerce ingredients such as chopped vegetables,
I. Likelihood of Continuation or received an adequate substantive vegetable purees, milk, gluten, diastases,
Recurrence of Dumping response to the notice of initiation from vitamins, coloring and flavorings, and
II. Magnitude of the Margins Likely to domestic interested parties within the
Prevail up to two percent egg white. The pasta
7. Final Results of Reviews
30-day deadline specified in 19 CFR covered by the order is typically sold in
8. Recommendation 351.218(d)(3)(i).7 On August 31, 2018, the retail market, in fiberboard or
Commerce also received a substantive cardboard cartons or polyethylene or
[FR Doc. 2018–26429 Filed 12–4–18; 8:45 am]
response from the Government of polyethylene bags, of varying
BILLING CODE 3510–DS–P
Turkey (GOT).8 However, we received dimensions.
no substantive responses from Excluded from the scope of the order
respondent interested parties who are are refrigerated, frozen, or canned
DEPARTMENT OF COMMERCE
producers or exporters of merchandise pastas, as well as all forms of egg pasta,
International Trade Administration subject to the order covered by this with the exception of non-egg dry pasta
sunset review. A government’s response containing up to two percent egg white.
[C–489–806] alone, normally, is not sufficient for The merchandise under review is
Commerce to conduct a full sunset currently classifiable under subheading
Certain Pasta From Turkey: Final review, unless the investigation was
Results of the Expedited Fourth 1902.19.20 of the Harmonized Tariff
Sunset Review of the Countervailing Schedule of the United States (HTSUS).
1 See Notice of Countervailing Duty Order:
Duty Order Although the HTSUS subheading is
Certain Pasta (‘‘Pasta’’) From Turkey, 61 FR 38546
(July 24, 1996) (Order); see also Final Affirmative provided for convenience and customs
AGENCY: Enforcement and Compliance, Countervailing Duty Determination: Certain Pasta purposes, our written description of the
International Trade Administration, (‘‘Pasta’’) from Turkey, 61 FR 30366 (June 14, 1996) scope of the order is dispositive.
Department of Commerce. (Final Determination).
2 See Initiation of Five-Year (Sunset) Reviews, 83 Analysis of Comments Received
SUMMARY: The Department of Commerce
FR 37463 (August 1, 2018).
(Commerce) finds that revocation of the 3 New World Pasta Company merged into Riviana
All issues raised in this sunset review
countervailing duty (CVD) order on Foods Inc. effective January 1, 2017. are addressed in the Issues and Decision
certain pasta from Turkey would be 4 The American Italian Pasta Company was Memorandum,11 which is hereby
likely to lead to continuation or acquired by TreeHouse Foods in February 1, 2016. adopted by this notice. The issues
5 See Letter from Zerega, Dakota Growers,
recurrence of a countervailable subsidy discussed in the Issues and Decision
Riviana, and Treehouse, ‘‘Five-Year (Sunset)
at the levels indicated in the ‘‘Final Review of the Countervailing Duty Order on Certain
Memorandum are the likelihood of
Results of Review’’ section of this Pasta from Turkey—Domestic Interested Parties’ continuation or recurrence of a
notice. Notice of Intent to Participate,’’ dated August 16, countervailable subsidy and the net
2018 (Domestic Parties’ Notice of Intent to countervailable subsidy likely to prevail
DATES: Applicable December 5, 2018. Participate).
if the order were revoked. The Issues
FOR FURTHER INFORMATION CONTACT: 6 See Letter from Domestic Interested Parties,

‘‘Five-Year (Sunset) Review of the Countervailing and Decision Memorandum is a public
Aimee Phelan or Mary Kolberg at (202)
Duty Order on Certain Pasta from Turkey—
482–0697 or (202) 482–1785, Domestic Interested Parties’ Notice of Intent to 9 See, e.g., Certain Pasta from Turkey: Final
respectively; AD/CVD Operations, Participate,’’ August 16, 2018. As domestic Results of Expedited Five-Year (‘‘Sunset’’) Review of
Office I, Enforcement and Compliance, producers of certain pasta, the petitioners are the Countervailing Duty Order, 72 FR 5269
International Trade Administration, interested parties to this proceeding pursuant to (February 5, 2007); Certain Carbon Steel Products
section 771(9)(C) of the Act. from Sweden: Final Results of Expedited Sunset
U.S. Department of Commerce, 1401
khammond on DSK30JT082PROD with NOTICES

7 See Letter from the petitioner, ‘‘Certain Pasta Review of Countervailing Duty Order, 65 FR 18304
Constitution Avenue NW, Washington, from Turkey—Five-Year (‘‘4th Sunset’’) Review of (April 7, 2000).
DC 20230. Countervailing Duty Order,’’ dated August 31, 2018 10 See Letter re: ‘‘Sunset Reviews Initiated on

SUPPLEMENTARY INFORMATION: (Petitioners’ Substantive Response). August 1, 2018,’’ dated September 20, 2018.
8 See Letter from the GOT, ‘‘Substantive Response 11 See Memorandum ‘‘Issues and Decision

Background of the Government of Turkey in the Countervailing Memorandum for the Expedited Fourth Sunset
Duty 4th Sunset Review Involving Certain Pasta Review of the Countervailing Duty Order on Certain
On July 24, 1996, Commerce from Turkey,’’ dated August 31, 2018 (GOT Pasta from Turkey,’’ dated concurrently with this
published the CVD order on certain substantive response). notice (Issues and Decision Memorandum).

VerDate Sep<11>2014 20:35 Dec 04, 2018 Jkt 247001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\06DEN1.SGM 06DEN1

62842 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices

document and is on file electronically III. Background notice to OIRA_Submission@
via Enforcement and Compliance’s IV. Scope of the Order omb.eop.gov or fax to (202) 395–5806.
Antidumping and Countervailing Duty 1. Rulings Relevant to Scope
V. Discussion of the Issues Sheleen Dumas,
Centralized Electronic Service System
1. Likelihood of Continuation or Departmental Lead PRA Officer, Office of the
(ACCESS). ACCESS is available to Recurrence of a Countervailable Subsidy Chief Information Officer, Commerce
registered users at http:// 2. Net Countervailable Subsidy Likely to Department.
access.trade.gov, and to all in the Prevail [FR Doc. 2018–26408 Filed 12–4–18; 8:45 am]
Central Records Unit, Room B8024, of 3. Nature of Subsidy
BILLING CODE 3510–13–P
the main Commerce building. In VI. Final Results of the Review
addition, a complete version of the VII. Recommendation
Issues and Decision Memorandum can [FR Doc. 2018–26430 Filed 12–4–18; 8:45 am] DEPARTMENT OF COMMERCE
be accessed directly at http:// BILLING CODE 3510–DS–P
enforcement.trade.gov/frn. The signed National Oceanic and Atmospheric
and electronic versions of the Issues and Administration
Decision Memorandum are identical in DEPARTMENT OF COMMERCE
content. RIN 0648–XG619
National Institute of Standards and
Final Results of Review
Technology Implementation of Fish and Fish
Pursuant to sections 751(c)(1) and Product Import Provisions of the
752(b) of the Act, Commerce determines Submission for OMB Review; Marine Mammal Protection Act—
that revocation of the CVD order on Comment Request Notification of Comparability Findings
pasta from Turkey would be likely to
The Department of Commerce will AGENCY: National Marine Fisheries
lead to the continuation or recurrence of
submit to the Office of Management and Service (NMFS), National Oceanic and
a countervailable subsidy at the rates
Budget (OMB) for clearance the Atmospheric Administration (NOAA),
listed below:
following proposal for collection of Commerce.
Net information under the provisions of the
Paperwork Reduction Act (44 U.S.C. ACTION: Notice; comparability findings
countervailable
Exporter/producer for Mexico.
subsidy rate Chapter 35).
(percent) Agency: National Institute of SUMMARY: Under the authority of the
Standards and Technology (NIST). Marine Mammal Protection Act
Filiz Gida Sanayi ve Ticaret
(Filiz) ................................. 1.73 Title: NIST Generic Clearance for (MMPA), the NMFS Assistant
Maktas Makarnacilik ve Usability Data Collections Administrator for Fisheries (Assistant
Ticaret (Maktas) ................ 13.19 OMB Control Number: 0693–0043. Administrator) has issued comparability
Oba Makernacilik Sanayi ve Form Number(s): None. findings for the Government of Mexico’s
Ticaret (Oba) ..................... 13.18 Type of Request: Regular Submission following fisheries: Upper Gulf of
All Others .............................. 8.95 (revision and extension of a currently
California shrimp trawl fishery for both
approved information collection). small and large vessels; Upper Gulf of
Notification to Interested Parties Number of Respondents: 150,000. California shrimp suripera fishery;
This notice also serves as the only Average Hours per Response: Varied, Upper Gulf of California sierra purse
reminder to parties subject to dependent upon the data collection seine fishery; Upper Gulf of California
administrative protective order (APO) of method used. The possible response sierra hook and line fishery; Upper Gulf
their responsibility concerning the time to complete a questionnaire may be of California chano trawl fishery, for
destruction of proprietary information 15 minutes or 2 hours to participate in small vessels; Upper Gulf of California
disclosed under APO in accordance an empirical study. curvina purse seine fishery; and Upper
with 19 CFR 351.305. Timely written Burden Hours: 100,000. Gulf of California sardine/curvina purse
notification of the return or destruction Needs and Uses: NIST will conduct seine fishery for both small and large
of APO materials or conversion to information collections to evaluate the vessels. The Assistant Administrator is
judicial protective order is hereby usability and utility of NIST research for denying a comparability finding for the
requested. Failure to comply with the measurement and standardization work. El Golfo de Santa Clara curvina rodeo-
regulations and terms of an APO is a These data collections efforts may style gillnet fishery. NMFS bases the
sanctionable violation. include, but may not be limited to comparability findings on documentary
We are issuing and publishing these electronic methodologies, empirical evidence submitted by the Government
results in accordance with sections studies, video and audio collections, of Mexico and other relevant, readily-
751(c), 752(b), and 777(i)(1) of the Act interview, and questionnaires. available information including
and 19 CFR 351.218. Affected Public: Individual or scientific literature and the reports of
Dated: November 28, 2018. households; State, Local or Tribal the ‘‘Comité Internacional para la
Government; Federal Government. Recuperación de la Vaquita’’ (CIRVA)
Gary Taverman,
Frequency: On occasion. (the international recovery team for
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
Respondent’s Obligation: Voluntary. vaquita).
performing the non-exclusive functions and This information collection request
may be viewed at reginfo.gov. Follow DATES: These comparability findings are
khammond on DSK30JT082PROD with NOTICES

duties of the Assistant Secretary for
Enforcement and Compliance. the instructions to view Department of valid for the period of November 30,
Commerce collections currently under 2018, through January 1, 2022, unless
Appendix review by OMB. revoked by the Assistant Administrator
List of Topics Discussed in the Issues and Written comments and in a subsequent action.
Decision Memorandum recommendations for the proposed FOR FURTHER INFORMATION CONTACT:
I. Summary information collection should be sent Nina Young, at email: Nina.Young@
II. History of the Order within 30 days of publication of this noaa.gov or phone: 301–427–8383.

VerDate Sep<11>2014 20:35 Dec 04, 2018 Jkt 247001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\06DEN1.SGM 06DEN1

Document Created: 2018-12-05 02:36:36
Document Modified: 2018-12-05 02:36:36

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Applicable December 5, 2018.
Contact		Aimee Phelan or Mary Kolberg at (202) 482-0697 or (202) 482-1785, respectively; AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
FR Citation		83 FR 62841

83 FR 62841 - Certain Pasta From Turkey: Final Results of the Expedited Fourth Sunset Review of the Countervailing Duty Order

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 83, Issue 234 (December 6, 2018)

DEPARTMENT OF COMMERCE
International Trade Administration