[Federal Register Volume 74, Number 104 (Tuesday, June 2, 2009)]
[Notices]
[Pages 26373-26374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12829]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-805]


Certain Pasta from Turkey: Notice of Final 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''). On April 8, 2009, the Department preliminary found 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.\1\ The Department gave interested 
parties an opportunity to comment on the preliminary results, but 
received no comments. Therefore, the final results do not differ from 
the preliminary results of review.
---------------------------------------------------------------------------

    \1\ See Certain Pasta from Turkey: Notice of Preliminary Results 
of Antidumping Duty Changed Circumstances Review, 74 FR 17153 (April 
14, 2009) (``Preliminary Results'').

---------------------------------------------------------------------------
EFFECTIVE DATE: June 2, 2009.

FOR FURTHER INFORMATION CONTACT: Christopher Hargett, AD/CVD 
Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ 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.\2\ 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.\3\ 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. On 
April 14, 2009, the Department published the preliminary results of 
review and invited interested parties to comment. See Preliminary 
Results. We received no comments.
---------------------------------------------------------------------------

    \2\ 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).
    \3\ See Notice of Initiation of Antidumping Duty Changed 
Circumstances Review: Certain Pasta from Turkey, 74 FR 681 (January 
7, 2009).
---------------------------------------------------------------------------

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 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.

Final 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 found 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 determine that

[[Page 26374]]

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 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.
    The cash deposit determination from this changed circumstances 
review will apply to all shipments of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this changed circumstances review. 
See Granular Polytetrafluoroethylene Resin from Italy; Final Results of 
Antidumping Duty Changed Circumstances Review, 68 FR 25327 (May 12, 
2003). This deposit rate shall remain in effect until publication of 
the final results of the next administrative review in which Marsan 
participates.

Notification

    This notice serves as a final reminder to parties to administrative 
protective orders (``APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(5). Failure to timely notify 
the Department in writing of the return/destruction of APO material is 
a sanctionable violation.
    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: May 27, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-12829 Filed 6-1-09; 8:45 am]
BILLING CODE 3510-DS-S