[Federal Register Volume 61, Number 181 (Tuesday, September 17, 1996)]
[Notices]
[Pages 48885-48886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23921]


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DEPARTMENT OF COMMERCE
[A-122-085]


Sugar and Syrups From Canada; Initiation and Preliminary Results 
of Changed Circumstances Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of initiation and preliminary results of changed 
circumstances antidumping duty administrative review.

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[[Page 48886]]

SUMMARY: The Department of Commerce has received information sufficient 
to warrant initiation of a changed circumstances administrative review 
of the antidumping order on sugar and syrups from Canada. Based on this 
information, we preliminarily determine that Rogers Sugar Ltd. (Rogers) 
is the successor-in-interest to The British Columbia Sugar Refining 
Company, Limited (BC Sugar) for purposes of determining antidumping 
liability.
    Interested parties are invited to comment on these preliminary 
results.

EFFECTIVE DATE: September 17, 1996.

FOR FURTHER INFORMATION CONTACT: J. David Dirstine or Richard 
Rimlinger, Office of AD/CVD Enforcement, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone 
(202) 482-4733.

SUPPLEMENTARY INFORMATION:

Background

    On April 9, 1980, the Department of Commerce (the Department) 
published in the Federal Register (45 FR 24126) an antidumping duty 
order on sugar and syrups from Canada. On August 30, 1996, Rogers 
submitted a letter stating that Rogers is the successor-in-interest to 
BC Sugar, and that Rogers Sugar Ltd. should receive the same 
antidumping duty treatment as is accorded BC Sugar.

Scope of the Review

    Imports covered by the review are shipments of Canadian sugar and 
syrups produced from sugar cane and sugar beets. The sugar is refined 
into granulated or powdered sugar, icing, or liquid sugar. Sugar and 
syrups are currently classifiable under item numbers 1701.11.0025, 
1701.11.0045, and 1702.90.3000 of the Harmonized Tariff Schedule (HTS). 
The HTS item numbers are provided for convenience and U.S. Customs 
Service purposes. The written description remains dispositive.

Initiation and Preliminary Results of Review

    In a letter dated August 30, 1996, Rogers advised the Department 
that on June 1, 1995, the former BC Sugar effected a legal name change 
to Rogers Sugar Ltd. Rogers stated that the former Executive Vice 
President of BC Sugar is now the President and Chief Operating Officer 
of Rogers and, further, that the company's management structure is 
otherwise unchanged. Rogers also stated that the company's three 
production facilities are unaffected by this change, as are supplier 
relationships and the company's customer base. Rogers submitted a copy 
of the document dated June 5, 1995, which evidences this legal name 
change and which was filed with the Canadian Government to record the 
name change under the Canada Business Corporations Act.
    Thus, in accordance with section 751(b) of the Tariff Act, as 
amended (the Act), the Department is initiating a changed circumstances 
review to determine whether Rogers is the successor-in-interest to BC 
Sugar for purposes of determining antidumping duty liability. In making 
such a successor-in-interest determination, the Department examines 
several factors including, but not limited to, changes in: (1) 
management; (2) production facilities; (3) supplier relationships; and 
(4) customer base. See, e.g., Brass Sheet and Strip from Canada; Final 
Results of Antidumping Duty Administrative Review, 57 FR 20460 (May 13, 
1992) (Canadian Brass). While no one or several of these factors will 
necessarily provide a dispositive indication, the Department will 
generally consider the new company to be the successor to the previous 
company if its resulting operation is similar to that of its 
predecessor. See, e.g., Industrial Phosphoric Acid from Israel; Final 
Results of Changed Circumstances Review, 59 FR 6944 (February 14, 1994) 
and Canadian Brass. Thus, if the evidence demonstrates that, with 
respect to the production and sale of the subject merchandise, the new 
company operates as the same business entity as the former company, the 
Department will assign the new company the cash deposit rate of its 
predecessor.
    We preliminarily determine that Rogers Sugar Ltd. is the successor-
in-interest to BC Sugar. BC Sugar has changed its name to Rogers Sugar 
Ltd. and the former Executive Vice President of BC Sugar is now the 
President and Chief Operating Officer of Rogers Sugar Ltd. The 
company's management structure is otherwise unchanged. Similarly, the 
company's three production facilities are unaffected by these changes 
as are supplier relationships and the company's customer base. Thus, 
Rogers Sugar Ltd. should receive the same antidumping duty treatment as 
the former BC Sugar, i.e., a zero percent antidumping duty cash deposit 
rate.
    Interested parties are invited to comment on these preliminary 
results. Any written comments may be submitted no later than September 
24, 1996. While, pursuant to 19 CFR Sec. 353.38(c)(ii), the comment 
period for such administrative reviews is normally 30 days, the 
circumstances surrounding this changed circumstances review compel the 
Department to abbreviate the comment period in this case. This changed 
circumstances review is being conducted to address the legally and 
factually straightforward issue of a corporate name change. It is 
critical that the Department make the requested successor-in-interest 
determination by September 30, 1996. The subject merchandise is subject 
to a quota program. This determination is crucial for the U.S. Customs 
Service both in determining quota and whether entries of the subject 
merchandise by Rogers Sugar Ltd. are subject to the zero antidumping 
duty rate of BC Sugar. Finally, because interested parties have not 
requested an administrative review of the antidumping duty order on 
sugar and syrups from Canada since 1987 and have been aware of the 
corporate name change since at least October 1995, when Rogers Sugar 
Ltd. notified interested parties of the name change, the abbreviated 
comment period will not unduly burden interested parties in this 
matter.
    This initiation of review and notice are in accordance with section 
751(b) of the Act, as amended (19 U.S.C. 1675(b)), and 19 CRF 
353.22(f)(4).

    Dated: September 13, 1996.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 96-23921 Filed 9-16-96; 8:45 am]
BILLING CODE 3510-DS-P