Notice2024-22179
Certain Pasta From Italy and the Republic of Türkiye: Continuation of Antidumping Duty Orders and Countervailing Duty Orders
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 27, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that the revocation of the antidumping duty (AD) orders and countervailing duty (CVD) orders on certain pasta (pasta) from Italy and the Republic of T[uuml]rkiye (T[uuml]rkiye) would likely lead to the continuation or recurrence of dumping and net countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders.
Full Text
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<title>Federal Register, Volume 89 Issue 188 (Friday, September 27, 2024)</title>
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[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Notices]
[Pages 79255-79256]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22179]
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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 the Republic of T[uuml]rkiye:
Continuation of Antidumping Duty Orders and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that the revocation of the antidumping duty (AD) orders and
countervailing duty (CVD) orders on certain pasta (pasta) from Italy
and the Republic of T[uuml]rkiye (T[uuml]rkiye) would likely lead to
the continuation or recurrence of dumping and net countervailable
subsidies, and material injury to an industry in the United States,
Commerce is publishing a notice of continuation of these AD and CVD
orders.
DATES: Applicable September 19, 2024.
FOR FURTHER INFORMATION CONTACT: Erin Kearney (AD), AD/CVD Operations,
Office VI, and Blair Hood (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) 482-0167 and (202) 482-8329, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, Commerce published in the Federal Register the AD
and CVD orders on pasta from Italy and T[uuml]rkiye.\1\ On March 1,
2024, the ITC instituted,\2\ and Commerce initiated,\3\ the fifth
sunset reviews of the Orders, pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act). As a result of its reviews, Commerce
[[Page 79256]]
determined that revocation of the Orders would likely lead to the
continuation or recurrence of dumping and net countervailable subsidies
and, therefore, notified the ITC of the magnitude of the margins of
dumping and the net countervailable subsidy rates likely to prevail
should the Orders be 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
Italy, 61 FR 38547 (July 24, 1996); see also Notice of
Countervailing Duty Order and Amended Final Affirmative
Countervailing Duty Determination: Certain Pasta (``Pasta'') from
Italy, 61 FR 38544 (July 24, 1996); 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); Notice of
Countervailing Duty Order: Certain Pasta (``Pasta'') from Turkey, 61
FR 38546 (July 24, 1996) (collectively, the Orders).
\2\ See Institution of Five-Year Reviews, 89 FR 15217 (March 1,
2024).
\3\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 15139
(March 1, 2024).
\4\ See Certain Pasta from Italy and T[uuml]rkiye: Final Results
of Expedited Fifth Sunset Reviews of the Antidumping Duty Orders, 89
FR 56863, (July 11, 2024) and accompanying Issues and Decision
Memorandum (IDM); see also Certain Pasta from Italy and the Republic
of T[uuml]rkiye: Final Results of the Expedited Fifth Sunset Review
of the Countervailing Duty Order, 89 FR 56302 (July 9, 2024) and
accompanying IDM.
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On September 19, 2024, the ITC published its determinations,
pursuant to sections 751(c) and 752(a) of the Act, that revocation of
the Orders 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, 89 FR 76869
(September 19, 2024).
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Scope of the Orders
The merchandise covered by the Orders is pasta. For a complete
description of the scope of the Orders, see the appendix to this
notice.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping, net countervailable subsidies, and material
injury to an industry in the United States, pursuant to section
751(d)(2) of the Act, Commerce hereby orders the continuation of the
Orders. 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
September 19, 2024.\6\ Pursuant to section 751(c)(2) of the Act and 19
CFR 351.218(c)(2), Commerce intends to initiate the next five-year
reviews of the Orders not later than 30 days prior to the fifth
anniversary of the date of the last determination by the ITC.
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\6\ Id.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment 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 Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: September 23, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Orders
Italy (A-475-818, C-475-819)
The scope of these Orders consists 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, diastasis, vitamins, coloring and flavorings, and up to two
percent egg white. The pasta covered by the scope of the Orders 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 Orders 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. Multicolored pasta, imported in kitchen display bottles of
decorative glass that are sealed with cork or paraffin and bound
with raffia, is excluded from the scope of the Orders. Pursuant to
Commerce's August 14, 2009, changed circumstances review, effective
July 1, 2008, gluten free pasta is also excluded from the scope of
the Orders. Effective January 1, 2012, ravioli and tortellini filled
with cheese and/or vegetables are also excluded from the scope of
the Orders.
Also excluded are imports of organic pasta from Italy that are
certified by an EU authorized body in accordance with the United
States Department of Agriculture's National Organic Program for
organic products. The organic pasta certification must be retained
by exporters and importers and made available to U.S. Customs and
Border Protection or the Department of Commerce upon request.
The merchandise subject to these Orders is currently
classifiable under subheadings 1901.90.9095 and 1902.19.20 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although
the HTSUS subheadings are provided for convenience and Customs
purposes, the written description of the merchandise subject to the
to the Orders is dispositive.
T[uuml]rkiye (A-489-805, C-489-806)
The scope of these Orders consists 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. 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 Orders 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 these Orders is currently classified
under subheading 1902.19.20 of the HTSUS. Although the HTSUS
subheading is provided for convenience and customs purposes, the
written description of the merchandise subject to the Orders is
dispositive.
[FR Doc. 2024-22179 Filed 9-26-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 27, 2024.
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