[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Notices]
[Pages 79255-79256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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