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

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