Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Notices 26373 

1See Certain Pasta from Turkey: Notice of 

Preliminary Results of Antidumping Duty Changed 

Circumstances Review, 74 FR 17153 (April 14, 

2009) (‘‘Preliminary Results’’). 

2See 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). 

3See Notice of Initiation of Antidumping Duty 

Changed Circumstances Review: Certain Pasta from 

Turkey, 74 FR 681 (January 7, 2009). 

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 

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. 

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 

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/ 

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: http:// 

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 

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