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)

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.

[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]


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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.
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    \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.
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    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\
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    \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.
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    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\
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    \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.
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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\
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    \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.
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    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\
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    \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).
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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.
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    \8\ Id.
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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