[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Notices]
[Pages 17153-17154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8498]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-805]


Certain Pasta from Turkey: Notice of Preliminary Results of 
Antidumping Duty Changed Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 7, 2009, the Department of Commerce (``the 
Department'') published a notice of initiation of a changed 
circumstances review of the antidumping duty order of certain pasta 
from Turkey as requested by Marsan Gida Sanayi ve Ticret A.S. 
(``Marsan''). After receiving additional information on the operations 
of Marsan, we preliminarily determine that Marsan is the successor-in-
interest to Gidasa Sabanci Gida Sanayi ve Ticaret A.S. (``Gidasa''), 
and should be accorded the same antidumping duty treatment accorded 
Gidasa with respect to the antidumping duty order on certain pasta from 
Turkey. Interested parties are invited to comment on these preliminary 
results.

EFFECTIVE DATE: April 14, 2009.

FOR FURTHER INFORMATION CONTACT: Christopher Hargett, AD/CVD 
Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington, DC 20230; telephone: (202) 482-4161.

SUPPLEMENTARY INFORMATION:

Background

    On July 24, 1996, the Department published in the Federal Register 
an antidumping duty order on certain pasta from Turkey.\1\ On December 
3, 2008, Marsan requested that the Department initiate and conduct an 
expedited changed circumstances review to determine that, for purposes 
of the antidumping law, Marsan is the successor-in-interest to Gidasa. 
See December 3, 2008, letter from Marsan to the Secretary of Commerce. 
On January 7, 2009, the Department published a notice of initiation of 
a changed circumstances review of the antidumping order.\2\ On February 
23, 2009, the Department requested additional information from Marsan 
regarding its operations in Turkey. See February 23, 2009, changed 
circumstances review questionnaire from the Department to Marsan. On 
March 16, 2009, Marsan replied to the Department's questionnaire. See 
March 16, 2009, letter from Marsan to the Secretary of Commerce.
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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 
Turkey, 61 FR 68545 (July 24, 1996).
    \2\ See Notice of Initiation of Antidumping Duty Changed 
Circumstances Review: Certain Pasta from Turkey, 74 FR 681 (January 
7, 2009).
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Scope of Review

    Imports covered by this review are shipments of certain non-egg dry 
pasta in packages of five pounds (2.27 kilograms) or less, whether or 
not

[[Page 17154]]

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 this review 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 review is currently classifiable under 
item 1902.19.20 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). Although the HTSUS subheading is provided for convenience 
and customs purposes, the written description of the merchandise 
subject to the order is dispositive.

Preliminary Results of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(``the Act''), and 19 CFR 351.216, the Department will conduct a 
changed circumstances review upon receipt of information concerning, or 
a request from an interested party for review of, an antidumping duty 
order which shows changed circumstances sufficient to warrant a review 
of the order. In this case, the Department finds that the information 
submitted by the respondent provided sufficient evidence of changed 
circumstances to warrant a review to determine whether Marsan is the 
successor-in-interest to Gidasa. Thus, in accordance with section 
751(b) of the Act, the Department initiated a changed circumstances 
review to determine whether Marsan is the successor-in-interest to 
Gidasa for purposes of determining antidumping duty liability with 
respect to imports of certain pasta from Turkey.
    In making 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., Notice of Final Results of Changed 
Circumstances Antidumping Duty Administrative Review: Polychloroprene 
Rubber From Japan, 67 FR 58 (January 2, 2002); Brass Sheet and Strip 
from Canada: Final Results of Antidumping Duty Administrative Review, 
57 FR 20460 (May 13, 1992). While no single factor or combination of 
factors will necessarily provide a dispositive indication of a 
successor-in-interest relationship, the Department will generally 
consider the new company to be the successor to the previous company if 
the new company's resulting operation is not materially dissimilar to 
that of its predecessor. See, e.g., Fresh and Chilled Atlantic Salmon 
from Norway; Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979 (March 1, 1999); Industrial 
Phosphoric Acid from Israel; Final Results of Changed Circumstances 
Review, 59 FR 6944 (February 14, 1994). 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 accord the new 
company the same antidumping treatment as its predecessor.
    In accordance with 19 CFR 351.221(c)(3)(i), we preliminarily 
determine that Marsan is the successor-in-interest to Gidasa. In its 
December 3, 2008, and March 16, 2009, submissions Marsan provided 
evidence supporting its claim to be the successor-in-interest to 
Gidasa. Documentation attached to Marsan's December 3, 2008, submission 
shows that the acquisition of Gidasa by MGS Marmara Gida Sanayi ve 
Ticaret A.S. (``MGS'') and the following name change to Marsan resulted 
in little or no change in management, production facilities, supplier 
relationships, or customer base. This documentation consists of: (1) 
organizational charts of both Marsan and Gidasa; (2) the documentation 
of the name change from Gidasa to Marsan; (3) a list of products before 
and after the acquisition of Gidasa by MGS; (4) a list of suppliers 
before and after the name change from Gidasa to Marsan; (5) a list of 
home market and U.S. customers before and after the name change from 
Gidasa to Marsan; (6) MGS's articles and notice of incorporation; (7) 
MGS's 2007 management report to shareholders; and (8) MGS's 2008 draft 
income statement and balance sheet. The documentation described above 
demonstrates that there was little to no change in management 
structure, supplier relationships, production facilities, or customer 
base and, thus, the operations of Marsan are essentially the same as 
the operations of Gidasa.
    Therefore, we preliminarily find that Marsan is the successor-in-
interest to Gidasa and, thus, should receive the same antidumping duty 
treatment with respect certain pasta from Turkey as the former Gidasa.

Public Comment

    Any interested party may request a hearing within 30 days of 
publication of this notice. Any hearing, if requested, will be held no 
later than 44 days after the date of publication of this notice, or the 
first workday thereafter.\3\ Case briefs from interested parties may be 
submitted not later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to the issues raised in those 
comments, may be filed not later than 37 days after the date of 
publication of this notice.\4\ All written comments shall be submitted 
in accordance with 19 CFR 351.303. Persons interested in attending the 
hearing, if one is requested, should contact the Department for the 
date and time of the hearing. The Department will publish the final 
results of this changed circumstances review in accordance with 19 CFR 
351.216(e), including the results of its analysis of issues raised in 
any written comments.
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    \3\ See 19 CFR 351.310.
    \4\ See 19 CFR 351.309.
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    The current requirement for a cash deposit of estimated antidumping 
duties on all subject merchandise will continue unless and until it is 
modified pursuant to the final results of this changed circumstances 
review.
    We are issuing and publishing these results and notice in 
accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Act and 
19 CFR 351.216.

    Dated: April 8, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-8498 Filed 4-13-09; 8:45 am]
BILLING CODE 3510-DS-S