83 FR 6516 - Certain Pasta From Turkey: Final Results and Rescission of Antidumping Duty Administrative Review; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 31 (February 14, 2018)
International Trade Administration
Federal Register Volume 83, Issue 31 (February 14, 2018)
| Page Range | 6516-6518 | |
| FR Document | 2018-02899 |
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)] [Notices] [Pages 6516-6518] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02899] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-489-805] Certain Pasta From Turkey: Final Results and Rescission of Antidumping Duty Administrative Review; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Mutlu Makarnacilik Sanayi ve Ticaret A.S. (Mutlu), an exporter of certain pasta (pasta) from Turkey and the sole respondent subject to this administrative review, had no bona fide sales during the period of review (POR) July 1, 2015 through June 30, 2016. Therefore, we are rescinding this administrative review. DATES: Applicable February 14, 2018. FOR FURTHER INFORMATION CONTACT: Fred Baker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2924. SUPPLEMENTARY INFORMATION: Background On August 7, 2017, Commerce published the Preliminary Results of this review in the Federal Register.\1\ We invited parties to comment on the Preliminary Results. On September 6, 2017, we received case briefs from petitioners American Italian Pasta Company, Dakota Growers Pasta Company, and New World Pasta Company (the petitioners) and from the respondent, Mutlu. On September 19, 2017, we received rebuttal briefs from the petitioners and Mutlu. On September 21, 2017, Commerce rejected Mutlu's case brief because it contained new factual information after the deadline for such information.\2\ Mutlu subsequently removed the new factual information from its case brief, and resubmitted the case brief on September 23, 2017. --------------------------------------------------------------------------- \1\ See Certain Pasta from Turkey: Preliminary Results of Antidumping Duty Administrative Review, 82 FR 36737 (August 7, 2017) (Preliminary Results), and accompanying Preliminary Decision Memorandum. \2\ See Commerce Letter dated September 21, 2017. --------------------------------------------------------------------------- Commerce exercised its discretion to toll deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce's practice, [[Page 6517]] the deadline will become the next business day. The revised deadline for the final results of this review is now February 6, 2018.\3\ --------------------------------------------------------------------------- \3\ See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ``Deadlines Affected by the Shutdown of the Federal Government'' (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. --------------------------------------------------------------------------- Commerce conducted this review in accordance with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act). 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.\4\ --------------------------------------------------------------------------- \4\ A full written description of the scope of the order is contained in the memorandum to Gary Taverman, ``Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review: Certain Pasta from Turkey,'' (Issues and Decision Memorandum), dated concurrently with this notice and incorporated herein by reference. --------------------------------------------------------------------------- Analysis of the Comments Received All issues raised in the case and rebuttal briefs submitted in this review are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues raised is attached as an appendix to this notice. The Issues and 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 it is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Bona Fides Analysis For the Preliminary Results, the Department analyzed the bona fides of Mutlu's single sale and preliminarily found it was not a bona fide sale.\5\ Based on Commerce's complete analysis of all the information and comments on the record of this review, Commerce continues to find that Mutlu's sale is not a bona fide sale. Commerce reached this conclusion based on its consideration of the totality of circumstances, including: (a) The atypical nature of both the sales price and quantity; (b) reason to question the arm's-length nature of the transaction; and (c) the atypical sales terms. In addition to the above factors, which Commerce determined are a sufficient basis to find Mutlu's sale to be non-bona fide, it determined that additional factors--i.e., the lack of record information normally considered in making a bona fides determination due to the importer's failure to respond to the importer questionnaire (e.g., whether a profit was realized on the resale of the subject merchandise, whether there were any unusual expenses), and the limited history from which to infer the respondent's future selling practices due to there being only one sale during the POR--constituted additional support for its non-bona fides finding. Because much of the factual information used in our analysis of Mutlu's sale involves business proprietary information, a full discussion of the basis for our final determination is set forth in the Bona Fides Analysis Memorandum.\6\ --------------------------------------------------------------------------- \5\ See Memorandum, ``2015-2016 Antidumping Duty Administrative Review of Certain Pasta from Turkey: Preliminary Bona Fides Sales Analysis for Mutlu Makarnacilik Sanayi ve Ticaret A.S.,'' dated August 1, 2017. \6\ See Memorandum, ``2015-2016 Antidumping Duty Administrative Review of Certain Pasta from Turkey: Final Bona Fides Sales Analysis for Mutlu Makarnacilik Sanayi ve Ticaret A.S.,'' dated February 5, 2018. See also Issues and Decision Memorandum. --------------------------------------------------------------------------- Because we have determined that Mutlu had no bona fide sales during the POR, we are rescinding this administrative review. Assessment As Commerce is rescinding this administrative review, we have not calculated a company-specific dumping margin for Mutlu. Mutlu's entries will be liquidated at the ``all-others'' rate applicable to Turkish exporters who do not have their own company-specific rate. That rate is 51.49 percent.\7\ --------------------------------------------------------------------------- \7\ 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). --------------------------------------------------------------------------- Cash Deposit Requirements Because we did not calculate a dumping margin for Mutlu, Mutlu continues to be subject to the ``all-others'' rate. The all-others cash deposit rate is 51.49 percent.\8\ These cash deposit requirements shall remain in effect until further notice. --------------------------------------------------------------------------- \8\ Id. --------------------------------------------------------------------------- Administrative Protective Order This notice also serves as a reminder to parties subject to Administrative Protective Order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in these segments of the proceeding. 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 violation which is subject to sanction. Notification to Importers This notice serves as a final 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 Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Orders This notice also serves as a 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(a)(3). 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(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(h) and 351.221(b)(5). Dated: February 6, 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 Summary Background Scope of the Order Discussion of the Issues [[Page 6518]] 1. Whether ``Bona Fides'' Testing is Statutorily Limited to New Shipper Reviews, and is Not Applicable in an Administrative Review 2. Whether Record Evidence Confirms that Mutlu's Sale was a Bona Fide Sale 3. Whether Rescinding the Administrative Review Amounts to an Imposition of Adverse Facts Available Based on the Failure to Cooperate of an Unaffiliated Third Party Recommendation [FR Doc. 2018-02899 Filed 2-13-18; 8:45 am] BILLING CODE 3510-DS-P
![6516 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
for the China-wide entity is 216.01 segment of this proceeding, the cash DEPARTMENT OF COMMERCE
percent. deposit rate will continue to be the
For additional details, see the existing exporter-specific rate; (2) for all International Trade Administration
Preliminary Decision Memorandum, China exporters of subject merchandise [A–489–805]
which is a public document and is on that have not been found to be entitled
file electronically via Enforcement and to a separate rate, the cash deposit rate Certain Pasta From Turkey: Final
Compliance’s Antidumping and will be the rate for the China-wide Results and Rescission of
Countervailing Duty Centralized entity, which is 216.01 percent; and (3) Antidumping Duty Administrative
Electronic Service System (ACCESS). Review; 2015–2016
for all non-China exporters of subject
ACCESS is available to registered users
merchandise which have not received AGENCY: Enforcement and Compliance,
at http://access.trade.gov and in the
Central Records Unit, Room B8024 of their own rate, the cash deposit rate will International Trade Administration,
the main Department of Commerce be the rate applicable to the Chinese Department of Commerce.
building. In addition, a complete exporter that supplied that non-China SUMMARY: The Department of Commerce
version of the Preliminary Results exporter. (Commerce) determines that Mutlu
Decision Memorandum can be accessed These deposit requirements, when Makarnacilik Sanayi ve Ticaret A.S.
directly on the internet at http:// imposed, shall remain in effect until (Mutlu), an exporter of certain pasta
enforcement.trade.gov/frn/index.html. further notice. (pasta) from Turkey and the sole
The signed and the electronic versions respondent subject to this
of the Preliminary Decision Notification to Interested Parties administrative review, had no bona fide
Memorandum are identical in content. sales during the period of review (POR)
This notice also serves as a final
Assessment Rates reminder to importers of their July 1, 2015 through June 30, 2016.
Therefore, we are rescinding this
Pursuant to section 751(a)(2)(C) Tariff responsibility under 19 CFR
administrative review.
Act of 1930, as amended (the Act), and 351.402(f)(2) to file a certificate
DATES: Applicable February 14, 2018.
19 CFR 351.212(b), the Department has regarding the reimbursement of
determined, and CBP shall assess, antidumping duties prior to liquidation FOR FURTHER INFORMATION CONTACT: Fred
antidumping duties on all appropriate of the relevant entries during this Baker, AD/CVD Operations, Office VI,
entries of subject merchandise in review period. Failure to comply with Enforcement and Compliance,
accordance with the final results of this this requirement could result in the International Trade Administration,
review. Commerce intends to issue Secretary’s presumption that U.S. Department of Commerce, 1401
assessment instructions to CBP 15 days Constitution Avenue NW, Washington,
reimbursement of the antidumping
after the publication date of the final DC 20230; telephone: (202) 482–2924.
duties occurred and the subsequent
results of this review. Commerce SUPPLEMENTARY INFORMATION:
assessment of double antidumping
intends to instruct CBP to liquidate any duties. Background
entries of subject merchandise exported
during this POR by Decca and the other This notice also serves as a reminder On August 7, 2017, Commerce
three companies noted above which did to parties subject to administrative published the Preliminary Results of
not qualify for separate rate status, at the protective orders (APOs) of their this review in the Federal Register.1 We
China-wide rate. responsibility concerning the return or invited parties to comment on the
Additionally, pursuant to Commerce’s destruction of proprietary information Preliminary Results. On September 6,
practice in NME cases, if there are any disclosed under APO in accordance 2017, we received case briefs from
suspended entries of subject with 19 CFR 351.305, which continues petitioners American Italian Pasta
merchandise during the POR under the to govern business proprietary Company, Dakota Growers Pasta
case numbers of the eight companies information in this segment of the Company, and New World Pasta
that claimed no shipments of subject proceeding. Timely written notification Company (the petitioners) and from the
merchandise, they will be liquidated at of the return/destruction of APO respondent, Mutlu. On September 19,
the China-wide rate.11 materials or conversion to judicial 2017, we received rebuttal briefs from
protective order is hereby requested. the petitioners and Mutlu. On
Cash Deposit Requirements
Failure to comply with the regulations September 21, 2017, Commerce rejected
The following cash deposit Mutlu’s case brief because it contained
requirements will be effective upon and terms of an APO is a violation that
new factual information after the
publication of the final results of this is subject to sanction.
deadline for such information.2 Mutlu
administrative review for shipments of This notice of the final results of this subsequently removed the new factual
subject merchandise from China antidumping duty administrative review information from its case brief, and
entered, or withdrawn from warehouse, is issued and published in accordance resubmitted the case brief on September
for consumption on or after the with sections 751(a)(1) and 777(i) of the 23, 2017.
publication date in the Federal Register Act and 19 CFR 351.213 and 19 CFR Commerce exercised its discretion to
of the final results of this review, as 351.221(b)(5). toll deadlines affected by the closure of
provided by section 751(a)(2)(C) of the the Federal Government from January
Act: (1) For previously investigated or Dated: January 24, 2018.
20 through 22, 2018. If the new deadline
reviewed China and non-China Christian Marsh,
falls on a non-business day, in
daltland on DSKBBV9HB2PROD with NOTICES
exporters which are not under review in Deputy Assistant Secretary for Enforcement accordance with Commerce’s practice,
this segment of the proceeding but and Compliance.
which received a separate rate in a prior [FR Doc. 2018–02896 Filed 2–13–18; 8:45 am] 1 See Certain Pasta from Turkey: Preliminary
BILLING CODE 3510–DS–P Results of Antidumping Duty Administrative
11 For a full discussion of this practice, see Non- Review, 82 FR 36737 (August 7, 2017) (Preliminary
Market Economy Antidumping Proceedings: Results), and accompanying Preliminary Decision
Assessment of Antidumping Duties, 76 FR 65694 Memorandum.
(October 24, 2011). 2 See Commerce Letter dated September 21, 2017.
VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1](https://thefederalregister.org/doc/83_FR_6547/page/1.svg)
![6518 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
1. Whether ‘‘Bona Fides’’ Testing is in its negotiations with foreign fishing will be available on a first-come, first-
Statutorily Limited to New Shipper nations exploiting HMS. served basis, and public comment is
Reviews, and is Not Applicable in an Affected Public: Business or other for- encouraged. There are public comment
Administrative Review profit organizations. periods scheduled each day and noted
2. Whether Record Evidence Confirms that
Frequency: For each fishing trip. in the agenda. Each individual or group
Mutlu’s Sale was a Bona Fide Sale
3. Whether Rescinding the Administrative Respondent’s Obligation: Mandatory. making verbal comments will be limited
Review Amounts to an Imposition of This information collection request to a total time of five (5) minutes and
Adverse Facts Available Based on the may be viewed at reginfo.gov. Follow will be recorded. For those not onsite,
Failure to Cooperate of an Unaffiliated the instructions to view Department of comments can be submitted via the
Third Party Commerce collections currently under webinar chat function or via email in
Recommendation review by OMB. writing. Individuals who would like to
[FR Doc. 2018–02899 Filed 2–13–18; 8:45 am] Written comments and submit written statements in advance,
BILLING CODE 3510–DS–P recommendations for the proposed during or after the meeting should email
information collection should be sent their comments to Lynne.Mersfelder@
within 30 days of publication of this noaa.gov. The HSRP will provide
DEPARTMENT OF COMMERCE notice to OIRA_Submission@ webinar capability. Pre-registration is
omb.eop.gov or fax to (202) 395–5806. required to access the webinar and is at
National Oceanic and Atmospheric Dated: February 8, 2018. the following: https://attendee.goto
Administration webinar.com/register/6210294947783
Sarah Brabson,
426818.
Submission for OMB Review; NOAA PRA Clearance Officer. The Hydrographic Services Review
Comment Request [FR Doc. 2018–02947 Filed 2–13–18; 8:45 am] Panel (HSRP) is a Federal Advisory
The Department of Commerce will
BILLING CODE 3510–22–P Committee established to advise the
submit to the Office of Management and Under Secretary of Commerce for
Oceans and Atmosphere, the NOAA
Budget (OMB) for clearance the DEPARTMENT OF COMMERCE Administrator, on matters related to the
following proposal for collection of
responsibilities and authorities set forth
information under the provisions of the National Oceanic and Atmospheric in section 303 of the Hydrographic
Paperwork Reduction Act (44 U.S.C. Administration Services Improvement Act of 1998, as
Chapter 35).
Hydrographic Services Review Panel amended, and such other appropriate
Agency: National Oceanic and
Meeting matters that the Under Secretary refers
Atmospheric Administration (NOAA).
to the Panel for review and advice. The
Title: West Coast Region U.S. Pacific National Ocean Service,
AGENCY: charter and other information are
Highly Migratory Species Hook and National Oceanic and Atmospheric located online at: https://www.nautical
Line Logbook. Administration (NOAA), Department of charts.noaa.gov/hsrp/CharterBylaws
OMB Control Number: 0648–0223. Commerce. HSIAStatute.htm. Past HSRP public
Form Number(s): NOAA 88–197. meeting summary reports, agendas,
ACTION: Notice of open public meeting.
Type of Request: Regular (extension of presentations, transcripts, webinars, and
a currently approved information SUMMARY: The Hydrographic Services other information is available online at:
collection). Review Panel (HSRP) will hold a https://www.nauticalcharts.noaa.gov/
Number of Respondents: 850. meeting that will be open to the public hsrp/meetings.htm.
Average Hours per Response: One and public comments are requested in Matters to be considered: The panel is
hour. advance and/or during the meeting. convening to hear federal, state, regional
Burden Hours: 3,400. Information about the HSRP meeting, and local partners and stakeholders on
Needs and Uses: This request is for agenda, presentations, webinar issues relevant to NOAA’s navigation
extension of a currently approved registration, and other background services, focusing on Florida and the
collection. documents will be posted online at: U.S. Caribbean region as well as
Under the Fishery Management Plan https://www.nauticalcharts.noaa.gov/ national issues. Navigation services
for United States (U.S.) West Coast hsrp/hsrp.htm. include the data, products, and services
Fisheries for Highly Migratory Species provided by the NOAA programs and
DATES: The meeting is April 4–5, 2018.
(HMS FMP) U.S. fishermen, activities that undertake geodetic
The dates, agenda, and times are subject
participating in the Pacific Hook and observations, gravity modeling,
to change. For updates, please check
Line fishery (also known as the albacore shoreline mapping, bathymetric
online at: https://www.nautical
troll and pole-and-line fishery), are mapping, hydrographic surveying,
charts.noaa.gov/hsrp/hsrp.htm.
required to obtain a Highly Migratory nautical charting, tide and water level
Species (HMS) permit. Permit holders ADDRESSES: Miami, Florida, with
observations, current observations, and
are required to complete and submit meeting venue to be announced online
marine modeling. This suite of NOAA
logbooks documenting their daily in March at: https://www.nautical products and services support safe and
fishing activities, including catch and charts.noaa.gov/hsrp/hsrp.htm. efficient navigation, resilient coasts and
effort for each fishing trip. Logbook FOR FURTHER INFORMATION CONTACT: communities, and the nationwide
forms must be completed within 24 Lynne Mersfelder-Lewis, HSRP program positioning information infrastructure to
hours of the completion of each fishing manager, National Ocean Service, Office support America’s commerce. The Panel
daltland on DSKBBV9HB2PROD with NOTICES
day and submitted to the Southwest of Coast Survey, NOAA (N/NSD), 1315 will hear from state and federal
Fisheries Science Center (SWFSC) East-West Highway, SSMC3 #6305, agencies, non-federal organizations, and
within 30 days of the end of each trip. Silver Spring, Maryland 20910; partners about their missions and use of
These data and associated analyses help telephone: 301–533–0064; email: NOAA’s navigation services, the value
the SWFSC provide fisheries Lynne.Mersfelder@noaa.gov. these services bring, and what
information to researchers and the SUPPLEMENTARY INFORMATION: The improvements could be made. Other
needed management advice to the U.S. meeting is open to the public, seating administrative matters may be
VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1](https://thefederalregister.org/doc/83_FR_6547/page/3.svg)
Document Created: 2018-02-14 03:59:15
Document Modified: 2018-02-14 03:59:15
| 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 February 14, 2018. | |
| Contact | Fred Baker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2924. | |
| FR Citation | 83 FR 6516 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR