[Federal Register: January 8, 2004 (Volume 69, Number 5)]
[Notices]
[Page 1280-1281]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja04-11]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-805 and C-489-806]
Notice of Final Results of Changed Circumstances Antidumping and
Countervailing Duty Administrative Reviews: Certain Pasta from Turkey
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Results of Changed Circumstances Antidumping
and Countervailing Duty Administrative Reviews.
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SUMMARY: On November 17, 2003, the Department of Commerce published in
the Federal Register, the initiation and preliminary results of the
changed circumstances administrative reviews examining whether Tat
Konserve Sanayi A.S. is the successor-in-interest to Pastavilla
Makarnacilik Sanayi ve Ticaret A.S. We gave interested parties an
opportunity to comment on the preliminary results of these reviews, but
received no comments. The Department has now completed these reviews in
accordance with section 751(b)(1) of the Tariff Act of 1930, as
amended. For the final results, the Department of Commerce continues to
find that Tat Konserve Sanayi A.S. is the successor-in-interest to
Pastavilla Makarnacilik Sanayi ve Ticaret A.S.
DATES: January 8, 2004.
FOR FURTHER INFORMATION CONTACT: Melanie Brown (Countervailing) or
Lyman Armstrong (Antidumping), Office of AD/CVD Enforcement, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th and Constitution Avenue, NW, Washington, DC 20230;
telephone: (202) 482-4987, or (202) 482-3601, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 17, 2003, the Department of Commerce (``the
Department'') published the initiation and the preliminary results of
these changed circumstances reviews, finding that Tat Konserve Sanayi
A.S. (``Tat'') is the successor-in-interest to Pastavilla Makarnacilik
Sanayi ve Ticaret A.S. (``Pastavilla''), and should receive the same
antidumping and countervailing duty treatment accorded Pastavilla. See
Notice of Initiation and Preliminary Results of Changed Circumstances
Antidumping and Countervailing Duty Administrative Reviews: Certain
Pasta from Turkey (``Preliminary Results''), 68 FR 64856 (November 17,
2003). We gave interested parties 30 days to comment on our preliminary
results. No interested parties provided comments.
Scope of the Reviews
Imports covered by these reviews are shipments of certain non-egg
dry pasta in packages of five pounds (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 this scope is typically sold in the retail
market, in fiberboard or cardboard cartons, or polyethylene or
polypropylene bags of varying dimensions.
Excluded from the scope of these reviews 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 subject to review is currently classifiable under
item 1902.19.20 of the Harmonized Tariff Schedule of the United States
(``HTSUS''). Although the HTSUS subheading is provided for convenience
and customs purposes, the written description of the merchandise
subject to the orders is dispositive.
Scope Rulings
The Department has issued the following scope ruling to date: (1)
On October 26, 1998, the Department self-initiated a scope inquiry to
determine whether a package weighing over five pounds as a result of
allowable industry tolerances is within the scope of the antidumping
and countervailing duty orders. On May 24, 1999, we issued a final
scope ruling finding that, effective October 26, 1998, pasta in
packages weighing or labeled up to (and including) five pounds four
ounces is within the scope of the antidumping and countervailing duty
orders. See Memorandum from John Brinkman to Richard Moreland, dated
May 24, 1999, in the case file in the Central Records Unit, main
Commerce building, room B-099.
Final Results
On the basis of the record developed in these changed circumstances
reviews, we find Tat to be the successor-in-interest to Pastavilla for
purposes of determining antidumping and countervailing duty liability.
For a complete discussion of the basis for this decision see the
Preliminary Results. Because we received no comments from any party on
the Preliminary Results, we have adopted the same position for these
final results. Therefore, Tat shall
[[Page 1281]]
retain the antidumping and countervailing duty cash deposit rates
assigned to Pastavilla by the Department in the most recent
administrative reviews of the subject merchandise. These cash deposit
rates are effective for all shipments of the subject merchandise from
Tat entered, or withdrawn from warehouse, for consumption on or after
the publication date of this notice.
We are issuing and publishing these results and notice in
accordance with sections 751(b)(1) and 777(i)(1) of the Tariff Act of
1930, as amended, and 19 CFR 351.216 and 19 CFR 351.221(c)(3).
Dated: December 30, 2003.
James J. Jochum,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-364 Filed 1-7-04; 8:45 am]