[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Notices]
[Page 51275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25113]


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DEPARTMENT OF COMMERCE
[A-122-085]


Sugar and Syrups from Canada; Final Results of Changed 
Circumstances Antidumping Duty Administrative Review

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

ACTION: Notice of Final Results of Changed Circumstances Antidumping 
Duty Administrative Review.

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SUMMARY: On September 17, 1996, the Department of Commerce (the 
Department) published the notice of inititiation and preliminary 
results of its changed circumstances administrative review concerning 
its examination of whether 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. We have now 
completed that review and determine that Rogers is the successor 
company to BC Sugar for antidumping duty law purposes and, as such, 
receives the antidumping duty cash deposit rate previously assigned to 
BC Sugar of zero percent ad valorem.

EFFECTIVE DATE: October 1, 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

    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.
    On September 17, 1996, the Department of Commerce (the Department) 
published in the Federal Register (61 FR 48885) the notice of 
initiation and preliminary results of its antidumping duty changed 
circumstances review of the antidumping duty order on sugar and syrups 
from Canada. We have now completed this changed circumstances review in 
accordance with section 751(b) of the Tariff Act, as amended (the Act).

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.

Successorship

    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. Since October 25, 1983, BC Sugar has been assigned 
a zero percent antidumping duty cash deposit rate (See Sugar and Syrups 
From Canada; Final Results of Administrative Review of Antidumping Duty 
Order, 48 FR 49327 (October 25, 1983)). Thus, Rogers requested that the 
Department make a determination that Rogers Sugar Ltd. receive the same 
antidumping duty treatment as the former BC Sugar.
    Upon examing the factors of: (1) management; (2) production 
facilities; (3) supplier relationships; and (4) customer base, the 
Department has determined that the resulting operation of Rogers is the 
same as that of its predecessor, BC Sugar, and thus the Department has 
determined that Rogers is the successor-in-interest to BC Sugar for 
purposes of determining antidumping duty liability. For a complete 
discussion of the basis for this decision, see Sugar and Syrups From 
Canada; Initiation and Preliminary Results of Changed Circumstances 
Antidumping Duty Administrative Review, 61 FR 48885 (September 17, 
1996).

Comments

    Although we gave interested parties an opportunity to comment on 
the preliminary results, none were submitted.

Final Results of Review

    We determine that Rogers is successor-in-interest to BC Sugar and, 
accordingly, Rogers will receive the same antidumping duty treatment as 
the former BC Sugar, i.e., a zero percent antidumping duty cash deposit 
rate. We will instruct the U.S. Customs Service to terminate suspension 
of liquidation on entries from Rogers and to liquidate without regard 
to antidumping duties, merchandise exported by Rogers on or after June 
1, 1995, the date on which the corporate name change was legally 
effected.
    This changed circumstances review and notice are in accordance with 
section 751(b)(1) of the Act (19 U.S.C. 1675(b) and 19 CFR 
353.22(f)(4).

    Dated: September 25, 1996.
Barbara R. Stafford,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-25113 Filed 9-30-96; 8:45 am]
BILLING CODE 3510-DS-P