# Sugar and Syrups From Canada; Initiation and Preliminary Results of Changed Circumstances Antidumping Duty Administrative Review > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A96-23921 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** September 17, 1996 - **Citation:** 61 FR 48885 ## Text 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. ----------------------------------------------------------------------- [[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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-23921. Public record. Not legal advice.