Certain Pasta from Turkey: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 26373-26374 [E9-12829]
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Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Notices
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation. This
administrative review and this notice
are published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: May 27, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–12827 Filed 6–1–09; 8:45 am]
BILLING CODE 3510–DS–P
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.
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, 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
1 See Certain Pasta from Turkey: Notice of
Preliminary Results of Antidumping Duty Changed
Circumstances Review, 74 FR 17153 (April 14,
2009) (‘‘Preliminary Results’’).
VerDate Nov<24>2008
16:43 Jun 01, 2009
Jkt 217001
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.
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.
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).
PO 00000
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Fmt 4703
Sfmt 4703
26373
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
E:\FR\FM\02JNN1.SGM
02JNN1
26374
Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Notices
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 (‘‘APO≥s) 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/
VerDate Nov<24>2008
16:43 Jun 01, 2009
Jkt 217001
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
DEPARTMENT OF COMMERCE
International Trade Administration
District Export Council Nomination
Opportunity
AGENCY: International Trade
Administration, Department of
Commerce.
ACTION: Notice of opportunity for
appointment to serve as a district export
council member.
SUMMARY: The U.S. Department of
Commerce is currently seeking
nominations of individuals for
consideration for appointment by the
Secretary of Commerce to serve as a
member of one of the sixty District
Export Councils (DECs) nationwide. The
DECs are closely affiliated with the U.S.
Export Assistance Centers (USEACs) of
the U.S. and Foreign Commercial
Service (Commercial Service). DECs
combine the energies of more than 1,500
exporters and export service providers
to promote U.S. exports. DEC members
volunteer at their own expense.
DATES: Nominations for individuals to a
DEC must be received by the local
USEAC Director by close of business
local time on July 15, 2009.
FOR FURTHER INFORMATION CONTACT:
Please contact the Director of your local
USEAC for more information on DECs
and the nomination process. You may
identify your local USEAC by searching
your Zip Code online at: https://
www.buyusa.gov/home/export.html. For
general program information, contact
Dan Keenaghan, National District Export
Council Program Manager, U.S. and
Foreign Commercial Service, tel. (202)
482–1836.
SUPPLEMENTARY INFORMATION: DECs
sponsor and participate in numerous
trade promotion activities, as well as
supply specialized expertise to small
and medium-sized businesses that are
interested in exporting.
Selection Process: 30 positions are
held on each of the 60 DECs across the
country. Approximately half of the
positions are open on each DEC for the
PO 00000
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Fmt 4703
Sfmt 4703
four-year term from January 1, 2010 to
December 31, 2013. DEC members serve
at the pleasure of the Secretary.
Nominations are received by the local
U.S. Export Assistance Center Director,
and recommendations are made to the
Secretary in consultation with the local
DEC Chairperson. After completion of
the vetting process, nominees are
selected for appointment to a DEC.
Membership Criteria: The USEAC
Directors are interested in nominating
highly-motivated people. Appointment
is based upon an individual’s
international trade leadership in the
local community, ability to influence
the local environment for exporting,
knowledge of day-to-day international
operations, interest in export
development, and willingness and
ability to devote time to council
activities. Members include exporters,
export service providers and others
whose profession supports U.S. export
promotion efforts. The Department
strives to have DEC membership reflect
the diversity of the local business
community, including encompassing a
broad range of businesses. DEC member
appointments are made without regard
to political affiliation.
Authority: 15 U.S.C. 1501 et seq., 15
U.S.C. 4721
Dated: May 26, 2009.
Patricia M. Sefcik,
Acting Deputy Assistant Secretary for
Domestic Operations, U.S. and Foreign
Commercial Service.
[FR Doc. E9–12810 Filed 6–1–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XP62
New England Fishery Management
Council; Public Meeting
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
SUMMARY: The New England Fishery
Management Council’s (Council)
Scallop Advisory Panel will meet to
consider actions affecting New England
fisheries in the exclusive economic zone
(EEZ).
DATES: The meeting will be held on
Wednesday, June 17, 2009 at 9 a.m.
ADDRESSES: The meeting will be held at
the Four Points Sheraton, 407 Squire
E:\FR\FM\02JNN1.SGM
02JNN1
Agencies
[Federal Register Volume 74, Number 104 (Tuesday, June 2, 2009)]
[Notices]
[Pages 26373-26374]
From the Federal Register Online via the Government Printing 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