Certain Pasta From Italy and Turkey: Continuation of the Antidumping Duty and Countervailing Duty Orders
| Published date | 17 April 2019 |
| Citation | 84 FR 16002 |
| Record Number | 2019-07807 |
| Section | Notices |
| Court | International Trade Administration |
Federal Register, Volume 84 Issue 74 (Wednesday, April 17, 2019)
[Federal Register Volume 84, Number 74 (Wednesday, April 17, 2019)]
[Notices]
[Pages 16002-16003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07807]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-818, C-475-819, A-489-805, C-489-806]
Certain Pasta From Italy and Turkey: Continuation of the
Antidumping Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC)
[[Page 16003]]
that revocation of the antidumping duty (AD) and countervailing duty
(CVD) orders on certain pasta (pasta) from Italy and Turkey would be
likely to lead to a continuation or recurrence of dumping,
countervailable subsidies, and material injury to an industry in the
United States, Commerce is publishing a notice of continuation of the
AD and CVD orders.
DATES: Applicable April 17, 2019.
FOR FURTHER INFORMATION CONTACT: Daniel Deku or Scott Hoefke (AD), AD/
CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: 202-482-5075 or 202-482-
4947, respectively. Mary Kolberg or Aimee Phelan (CVD), AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: 202-482-1785 or 202-482-0697,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2018, Commerce published the notice of initiation of
the fourth sunset reviews of the Orders \1\ on pasta from Italy and
Turkey, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).\2\ As a result of its reviews, Commerce determined
that revocation of the Orders on pasta from Italy and Turkey would
likely lead to the continuation or recurrence of dumping and
countervailable subsidies.\3\ Commerce, therefore, notified the ITC of
the magnitude of the margins of dumping and the net countervailable
subsidy rates likely to prevail were the Orders revoked.\4\
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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) (Turkey AD Order); see also
Notice of Antidumping Duty Order and Amended Final Determination of
Sales at Less Than Fair Value: Certain Pasta from Italy, 61 FR 38547
(July 24, 1996) (Italy AD Order); Notice of Countervailing Duty
Order and Amended Final Affirmative Countervailing Duty
Determination: Certain Pasta from Italy, 61 FR 38544 (July 24, 1996)
(Italy CVD Order); Notice of Countervailing Duty Order: Certain
Pasta from Turkey, 61 FR 38546 (July 24, 1996) (Turkey CVD Order)
(collectively, the Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 37463
(August 1, 2018) (Sunset Initiation).
\3\ See Certain Pasta from Italy and Turkey: Final Results of
Expedited Fourth Sunset Reviews of the Antidumping Duty Orders, 83
FR 62840, (December 6, 2018) and accompanying Issues and Decision
Memorandum (Pasta 2018 AD Sunset Final); see also Certain Pasta from
Italy: Final Results of the Expedited Fourth Sunset Review of the
Countervailing Duty Order, 83 FR 62838 (December 6, 2018) and
accompanying Issues and Decision Memorandum (Pasta Italy CVD 2018
Sunset Final); Certain Pasta from Turkey: Final Results of the
Expedited Fourth Sunset Review of the Countervailing Duty Order, 83
FR 62841 (December 6, 2018) and accompanying Issues and Decision
Memorandum (Pasta Turkey CVD 2018 Sunset Final).
\4\ Id.
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On April 10, 2019, the ITC published its determinations, pursuant
to sections 751(c) and 752 of the Act, that revocation of the Orders on
pasta from Italy and Turkey would likely lead to continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.\5\
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\5\ See Certain Pasta from Italy and Turkey, 84 FR 14398 (April
10, 2019).
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Scope of the Orders
Italy (A-475-818, C-475-819)
The merchandise subject to the order is pasta. The product is
currently classified under items 1901.90.90.95 and 1902.19.20 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although the
HTSUS numbers are provided for convenience and customs purposes, the
written product description available in Italy AD Order and Italy CVD
Order remains dispositive.\6\
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\6\ See Pasta 2018 AD Sunset Final; see also Pasta Italy CVD
2018 Sunset Final.
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Turkey (A-489-805, C-489-806)
The merchandise subject to the order is pasta. The product is
currently classified under items 1902.19.20 of the Harmonized Tariff
Schedule of the United States (HTSUS). Although the HTSUS numbers are
provided for convenience and customs purposes, the written product
description available in Turkey AD Order and Turkey CVD Order remains
dispositive.\7\
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\7\ See Pasta 2018 AD Sunset Final; see also Pasta Turkey CVD
2018 Sunset Final.
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Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a continuation or a
recurrence of dumping, a continuation or recurrence of countervailable
subsidies, and a continuation or recurrence of material injury to an
industry in the United States, pursuant to section 751(d)(2) of the Act
and 19 CFR 351.218(a), Commerce hereby orders the continuation of the
Orders on pasta from Italy and Turkey. U.S. Customs and Border
Protection will continue to collect AD and CVD cash deposits at the
rates in effect at the time of entry for all imports of subject
merchandise.
The effective date of the continuation of the Orders will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act, Commerce
intends to initiate the next five-year reviews of these orders not
later than 30 days prior to the fifth anniversary of the effective date
of continuation.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
These sunset reviews and notice are in accordance with sections
751(c), 752, and published pursuant to 777(i)(1) of the Act and 19 CFR
351.218(f)(4).
Dated: April 11, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-07807 Filed 4-16-19; 8:45 am]
BILLING CODE 3510-DS-P
