[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