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This section of the FEDERAL REGISTER COMMISSION ON CIVIL RIGHTS ACTION: Request for comment on agency
contains documents other than rules or practice
proposed rules that are applicable to the Agenda and Notice of Public Meeting
public. Notices of hearings and investigations, of the North Carolina Advisory EFFECTIVE DATE: January 24, 2007.
committee meetings, agency decisions and Committee SUMMARY: When conducting a
rulings, delegations of authority, filing of countervailing duty changed
petitions and applications and agency Notice is hereby given, pursuant to circumstances review for purposes of
statements of organization and functions are the provisions of the rules and
examples of documents appearing in this
determining the appropriate cash
regulations of the U.S. Commission on deposit rate in light of a change in a
section. Civil Rights, that a conference call of the company’s name, structure, or
North Carolina Advisory Committee ownership, the Department’s general
will convene at 1 p.m. EST and adjourn approach has been to apply the
COMMISSION ON CIVIL RIGHTS at 3 p.m. EST on Monday, February 26, ‘‘successor in interest’’ analysis that it
2007. The purpose of the conference call uses for considering similar types of
Agenda and Notice of Public Meeting
is to discuss plans for the Committee’s changes in antidumping duty changed
of the Florida Advisory Committee
upcoming briefing to be held in April circumstances reviews. The Department
Notice is hereby given, pursuant to 2007 on religious freedom for prisoners has conducted relatively few changed
the provisions of the rules and and the restoration of their voting rights. circumstances reviews involving the
This conference call is available to the successorship of companies in the
regulations of the U.S. Commission on
public through the following call-in context of countervailing duty
Civil Rights, that a conference call of the
number: 866–743–9936. Any interested measures. However, based on recent
Florida Advisory Committee will
member of the public may call this experience, the Department is now
convene at 2 p.m. EST and adjourn at
number and listen to the meeting. considering whether its practice
4 p.m. EST on Tuesday, February 13,
Callers can expect to incur charges for regarding such reviews should be
2007. The purpose of the conference call
calls not initiated using the supplied revised or clarified.
is to discuss plans for the Committee’s call-in number or over wireless lines
upcoming briefing to be held in April This notice highlights various
and the Commission will not refund any considerations relevant to this issue,
2007 on religious freedom for prisoners incurred charges. Callers will incur no
and the restoration of their voting rights. and provides an opportunity for public
charge for calls using the call-in number comment on whether any changes to the
This conference call is available to the over land-line connections. Persons Department’s current practice regarding
public through the following call-in with hearing impairments may also countervailing duty changed
number: 866–393–1381. Any interested follow the proceedings by first calling circumstances reviews would be
member of the public may call this the Federal Relay Service at 1–800–977– warranted and, specifically, what those
number and listen to the meeting. 8339 and providing the Service with the changes should entail.
Callers can expect to incur charges for conference call number.
DATES: Comments should be submitted
calls not initiated using the supplied To ensure that the Commission
secures an appropriate number of lines within 30 days of the publication date
call-in number or over wireless lines
for the public, persons are asked to of this request for comment.
and the Commission will not refund any
register by contacting Peter Minarik, ADDRESSES: An original and six copies
incurred charges. Callers will incur no
charge for calls using the call-in number Southern Regional Office, at 404–562– of all written comments should be sent
over land-line connections. Persons 7000, by Monday, February 19, 2007. to Gregory W. Campbell, Office of
with hearing impairments may also The meeting will be conducted Policy, Import Administration, U.S.
follow the proceedings by first calling pursuant to the provisions of the rules Department of Commerce, Central
the Federal Relay Service at 1–800–977– and regulations of the Commission. Records Unit, Room 1870, Pennsylvania
Avenue and 14th Street NW,
8339 and providing the Service with the Dated at Washington, DC, January 19, 2007.
Washington, DC 20230.
conference call number. Ivy L. Davis,
FOR FURTHER INFORMATION CONTACT:
To ensure that the Commission Acting Chief, Regional Programs Gregory W. Campbell, Office of Policy,
secures an appropriate number of lines Coordination Unit.
Import Administration, U.S. Department
for the public, persons are asked to [FR Doc. E7–980 Filed 1–23–07; 8:45 am] of Commerce, Room 3712, Pennsylvania
register by contacting Peter Minarik, BILLING CODE 6335–01–P Avenue and 14th Street, NW,
Southern Regional Office, at 404–562– Washington, DC 20230, (202) 482–2239.
7000, by Tuesday, February 6, 2007. SUPPLEMENTARY INFORMATION:
The meeting will be conducted DEPARTMENT OF COMMERCE
pursuant to the provisions of the rules Background
and regulations of the Commission. International Trade Administration In accordance with section 751(b) of
the Tariff Act of 1930, as amended (the
Dated at Washington, DC, January 19, 2007. Countervailing Duty Changed
Act), and 19 CFR 351.216 and 19 CFR
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3108 Federal Register / Vol. 72, No. 15 / Wednesday, January 24, 2007 / Notices
review and there are changed In addition, there is also a broader In commenting on these issues, we
circumstances sufficient to warrant a question of whether a successorship/ invite commenters to identify and
review. In the context of an AD business entity analysis generally is too discuss the criteria that they consider
‘‘changed circumstances review’’ narrowly focused when reviewing the most appropriate for a successorship/
involving a change in a company’s changed circumstances of a subsidized business entity analysis in the CVD
name, structure or ownership, the company. An examination that focuses context, whether they may be the same
Department relies on its successor–in- largely or solely on changes in the legal as the AD criteria, some mix of those
interest criteria to determine whether or managerial structure or the criteria and others, or an entirely
the newly named or structured company productive capacity of a company may different set of criteria. We further invite
(‘‘successor company’’) remains overlook other important considerations commenters to address whether and
essentially the same as the predecessor that also may be relevant in the context how the Department’s analysis might
company. See, e.g., Industrial of subsidies and countervailing duties. extend beyond the successorship/
Phosphoric Acid from Israel; Final For instance, whether the change (e.g., business entity analysis to consider
Results of Antidumping Duty Changed name change or merger) was more directly any changes in the
Circumstances Review, 59 FR 6944, accompanied or preceded by new company’s level of subsidization
6945 (February 14, 1994) (‘‘Industrial subsidies, or had an impact on any occasioned by the changed
Phosphoric Acid’’); Notice of Final existing subsidies to the companies circumstance. Such comments should
Results of Antidumping and involved, also might be a relevant also address the feasibility of identifying
Countervailing Duty Changed consideration. or even quantifying changes in subsidy
Circumstances Reviews; Certain Pasta One hypothetical example in which a levels given the shorter deadlines of
from Italy, 68 FR 41553, 41553 (July 14, strict successorship/business entity changed circumstances reviews and the
2003). analysis might fall short of accurately potentially significant increase in
Under this analysis, where the determining the appropriate deposit rate required information (e.g., detailed sales
evidence demonstrates that the (or level of subsidization) is where a and subsidy data), participatory burden
successor company operates as the producer of subject merchandise, who (e.g., of the respondent company and
‘‘same business entity’’ as its has been excluded from the order, government), and administrative burden
predecessor with respect to the purchases or merges with an unrelated, such an analysis might entail.
production and sale of the subject subsidized producer who has a Suggested practical solutions for
merchandise, the Department will company–specific rate under the order. addressing possible feasibility concerns
assign to the successor company the Even if the combined entity (i.e., the are encouraged. For example, one
existing cash deposit rate of its successor company) in this hypothetical possible approach to mitigating the
example operated as the same business burden might be to conduct a staged
predecessor. Brass Sheet and Strip from
entity as its predecessor, the changed analysis where, if the initial data
Canada; Preliminary Results of
circumstance itself might have resulted indicate that the only change has been
Antidumping Duty Administrative
in a fundamental change in the nature to the name of a company (i.e., the
Review, 57 FR 5128, 5129 (February 12,
and extent of the subsidization of the change was not accompanied or
1992).
successor company. Under this prompted by a substantial change to the
The Department generally bases its scenario, one option might be to assign company’s ownership or operations), no
successorship/business entity the rate of the one subsidized producer further analysis of changes in the
determination in AD changed to the successor company. Another subsidy levels would be necessary and
circumstances reviews on an analysis of option would be to continue to exclude the successor company would receive
the following factors: (1) management, the entries of the successor company. the predecessor’s cash deposit rate.
(2) production facilities, (3) supplier This second approach, however, might However, if the changed circumstances
relationships, and (4) customer base. foreclose any possibility of a future entail more than a simple name change,
Brass Sheet and Strip from Canada; administrative review of the successor and the evidence indicates that the
Final Results of Antidumping Duty company whose (expanded) operations changes could have a significant impact
Administrative Review, 57 FR 20460 have already been determined to be on the level of subsidy benefits to the
(May 13, 1992). While none of these subsidized, at least in part. In successor company, then the successor
factors is dispositive of the issue, the circumstances such as these, it might be company could be assigned the all
Department generally considers the new appropriate for the Department to take others rate until the subsidy levels
company to be the successor company into account other factors that go could be fully analyzed in the course of
to the predecessor company if its beyond a strict business entity analysis an administrative review.
resulting operation is not materially to determine the appropriate cash
dissimilar to that of the predecessor. Comments
deposit rate for the successor company
Industrial Phosphoric Acid, 59 FR 6944, in a CVD proceeding. Persons wishing to comment should
6945. A related question is whether, if the file a signed original and six copies of
However, to the extent that this AD subsidy levels have been affected by the each set of comments by 5:00 p.m. on
analysis is concerned with the pricing changed circumstances, the Department the above–referenced deadline date. The
behavior of the successor company it should calculate a new cash deposit rate Department will consider all comments
might not be entirely relevant in the in the changed circumstances review received before the close of the
CVD context where price discrimination that reflects the new level of comment period. Comments received
is not the analytical focus. Other factors subsidization or, alternatively, whether after the end of the comment period will
or considerations (e.g., factors that focus the Department should self–initiate an be considered, if possible, but their
on whether subsidies to the predecessor administrative review. Another consideration cannot be assured. The
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are attributable to the successor, or on approach would be for the Department Department requires that comments be
increased participation in or eligibility to simply select a rate from among submitted in written form. All
for new subsidy programs as a result of existing cash deposit rates (e.g., the comments responding to this notice will
the changed circumstance) might be predecessor’s rate, the all others rate, be a matter of public record and will be
more relevant. some combination of the existing rates). available for public inspection and
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Federal Register / Vol. 72, No. 15 / Wednesday, January 24, 2007 / Notices 3109
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