Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp From Thailand, 73726-73729 [2015-29984]
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Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices
Iron mechanical transfer drive components
subject to this investigation are those not less
than 4.00 inches (101 mm) in the maximum
nominal outer diameter.
Unfinished iron mechanical transfer drive
components (i.e., blanks or castings) possess
the approximate shape of the finished iron
mechanical transfer drive component and
have not yet been machined to final
specification after the initial casting, forging
or like operations. These machining
processes may include cutting, punching,
notching, boring, threading, mitering, or
chamfering.
Subject merchandise includes iron
mechanical transfer drive components as
defined above that have been finished or
machined in a third country, including but
not limited to finishing/machining processes
such as cutting, punching, notching, boring,
threading, mitering, or chamfering, or any
other processing that would not otherwise
remove the merchandise from the scope of
the investigation if performed in the country
of manufacture of the iron mechanical
transfer drive components.
Subject iron mechanical transfer drive
components are covered by the scope of the
investigation regardless of width, design, or
iron type (e.g., gray, white, or ductile iron).
Subject iron mechanical transfer drive
components are covered by the scope of the
investigation regardless of whether they have
non-iron attachments or parts and regardless
of whether they are entered with other
mechanical transfer drive components or as
part of a mechanical transfer drive assembly
(which typically includes one or more of the
iron mechanical transfer drive components
identified above, and which may also include
other parts such as a belt, coupling and/or
shaft). When entered as a mechanical transfer
drive assembly, only the iron components
that meet the physical description of covered
merchandise are covered merchandise, not
the other components in the mechanical
transfer drive assembly (e.g., belt, coupling,
shaft).
For purposes of this investigation, a
covered product is of ‘‘iron’’ where the article
has a carbon content of 1.7 percent by weight
or above, regardless of the presence and
amount of additional alloying elements.
The merchandise covered by this
investigation is currently classifiable under
Harmonized Tariff Schedule of the United
States (‘‘HTSUS’’) subheadings 8483.30.8090,
8483.50.6000, 8483.50.9040, 8483.50.9080,
8483.90.3000, 8483.90.8080. Covered
merchandise may also enter under the
following HTSUS subheadings:
7325.10.0080, 7325.99.1000, 7326.19.0010,
7326.19.0080, 8431.31.0040, 8431.31.0060,
8431.39.0010, 8431.39.0050, 8431.39.0070,
8431.39.0080, and 8483.50.4000. These
HTSUS subheadings are provided for
convenience and customs purposes. The
written description of the scope of the
investigation is dispositive.
[FR Doc. 2015–29945 Filed 11–24–15; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
North American Free Trade Agreement,
Article 1904; NAFTA Panel Reviews;
First Request for Panel Review
NAFTA Secretariat, United
States Section, International Trade
Administration, Department of
Commerce.
ACTION: Notice of first request for panel
review.
AGENCY:
On November 18, 2015, Irving
Paper Limited filed a First Request for
Panel Review with the United States
Section of the NAFTA Secretariat
pursuant to Article 1904 of the North
American Free Trade Agreement. Also,
on November 18, 2015, additional
Requests for Panel Review were filed on
behalf of Resolute FP Canada Inc., Port
Hawkesbury Paper LP, the Government
of Canada and the Governments of the
Provinces of British Columbia, Ontario,
New Brunswick, Nova Scotia and
´
Quebec. Panel Review was requested of
the U.S. Department of Commerce’s
final affirmative countervailing duty
determination regarding
Supercalendered Paper from Canada.
This determination was published in
the Federal Register (80 FR 63535), on
October 20, 2015. The NAFTA
Secretariat has assigned Case Number
USA–CDA–2015–1904–01 to this
request.
FOR FURTHER INFORMATION CONTACT: Paul
Morris, United States Secretary, NAFTA
Secretariat, Suite 2061, 14th and
Constitution Avenue NW., Washington,
DC 20230, (202)–482–5438.
SUPPLEMENTARY INFORMATION: Chapter
19 of the North American Free Trade
Agreement (‘‘Agreement’’) established a
mechanism to replace domestic judicial
review of final determinations in
antidumping and countervailing duty
cases involving imports from a NAFTA
country with review by independent
binational panels. When a Request for
Panel Review is filed, a panel is
established to act in place of national
courts to review expeditiously the final
determination to determine whether it
conforms to the antidumping or
countervailing duty law of the country
that made the determination.
Under Article 1904 of the Agreement,
which came into force on January 1,
1994, the Government of the United
States, the Government of Canada, and
the Government of Mexico established
Rules of Procedure for Article 1904
Binational Panel Reviews (‘‘Rules’’).
These Rules were published in the
Federal Register on February 23, 1994
SUMMARY:
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(59 FR 8685) and subsequently amended
on April 10, 2008 (73 FR 19458).
A first Request for Panel Review was
filed with the United States Section of
the NAFTA Secretariat, pursuant to
Article 1904 of the Agreement, on
November 18, 2015, requesting a panel
review of the determination and order
described above.
The Rules provide that:
(a) A Party or interested person may
challenge the final determination in
whole or in part by filing a Complaint
in accordance with Rule 39 within 30
days after the filing of the first Request
for Panel Review (the deadline for filing
a Complaint is December 18, 2015);
(b) a Party, investigating authority or
interested person that does not file a
Complaint but that intends to appear in
support of any reviewable portion of the
final determination may participate in
the panel review by filing a Notice of
Appearance in accordance with Rule 40
within 45 days after the filing of the first
Request for Panel Review (the deadline
for filing a Notice of Appearance is
January 4, 2016); and
(c) the panel review shall be limited
to the allegations of error of fact or law,
including the jurisdiction of the
investigating authority, that are set out
in the Complaints filed in panel review
and the procedural and substantive
defenses raised in the panel review.
Dated: November 19, 2015.
Paul Morris,
United States Secretary, NAFTA Secretariat.
[FR Doc. 2015–29959 Filed 11–24–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–822]
Notice of Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review: Certain Frozen
Warmwater Shrimp From Thailand
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request by
Thai Union Group Public Co., Ltd. (Thai
Union Group), a producer/exporter of
certain frozen warmwater shrimp
(shrimp) from Thailand, and pursuant to
section 751(b) of the Tariff Act of 1930,
as amended (the Act), 19 CFR 351.216,
and 19 CFR 351.221(c)(3)(ii), the
Department of Commerce (the
Department) is initiating a changed
circumstances review (CCR) of the
antidumping duty (AD) order on shrimp
from Thailand with regard to Thai
AGENCY:
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Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices
Union Group. Based on the information
received, we preliminarily determine
that Thai Union Group is the successorin-interest to Thai Union Frozen
Products Public Co., Ltd. (Thai Union
Frozen) for purposes of determining AD
liability. Interested parties are invited to
comment on these preliminary results.
DATES:
Effective Date: November 25,
2015.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure or Elizabeth Eastwood,
AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–5973 or (202) 482–3874,
respectively.
SUPPLEMENTARY INFORMATION:
Background
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On February 1, 2005, the Department
published in the Federal Register an AD
order on certain frozen warmwater
shrimp from Thailand.1 On September
17, 2015, Thai Union Group, a
producer/exporter of Thai shrimp
covered by this order, changed its name
from Thai Union Frozen to Thai Union
Group. On October 5, 2015, Thai Union
Group requested that the Department
conduct an expedited changed
circumstances review under section
751(b) of the Act, 19 CFR 351.216(c),
and 19 CFR 351.221(c)(3)(ii).2 In this
request, Thai Union Group asked the
Department to determine that it is the
successor-in-interest to Thai Union
Frozen and, accordingly, to assign it the
cash deposit rate of the Thai Union
group of companies, of which Thai
Union Frozen is a part.3 4 On October 8,
2015, we issued a supplemental
questionnaire to Thai Union Group, to
which the company responded on
October 21, 2015.5
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp
from Thailand, 70 FR 5145 (February 1, 2005).
2 See Letter from Thai Union Group, Re: ‘‘Frozen
Warmwater Shrimp from Thailand: Request for
Expedited Changed Circumstances Review,’’ dated
October 5, 2015 (Thai Union CCR Request).
3 Id.
4 This group consists of Thai Union Frozen, Thai
Union Seafood Co., Ltd., Pakfood Public Company
Limited, Okeanos Co. Ltd., Okeanos Food Co., Ltd,
Asia Pacific (Thailand) Co., Ltd., Chaophraya Cold
Storage Co. Ltd., and Takzin Samut Co. Ltd.
(collectively, ‘‘Thai Union’’).
5 See Letter from Thai Union Group, Re: ‘‘Frozen
Warmwater Shrimp from Thailand: Changed
Circumstances Review Supplemental Questionnaire
Response,’’ dated October 21, 2015 (CCR
Supplemental Questionnaire Response).
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Scope of the Order
The scope of this order includes
certain frozen warmwater shrimp and
prawns, whether wild-caught (ocean
harvested) or farm-raised (produced by
aquaculture), head-on or head-off, shellon or peeled, tail-on or tail-off,6
deveined or not deveined, cooked or
raw, or otherwise processed in frozen
form.
The frozen warmwater shrimp and
prawn products included in the scope of
this order, regardless of definitions in
the Harmonized Tariff Schedule of the
United States (HTSUS), are products
which are processed from warmwater
shrimp and prawns through freezing
and which are sold in any count size.
The products described above may be
processed from any species of
warmwater shrimp and prawns.
Warmwater shrimp and prawns are
generally classified in, but are not
limited to, the Penaeidae family. Some
examples of the farmed and wild-caught
warmwater species include, but are not
limited to, whiteleg shrimp (Penaeus
vannemei), banana prawn (Penaeus
merguiensis), fleshy prawn (Penaeus
chinensis), giant river prawn
(Macrobrachium rosenbergii), giant tiger
prawn (Penaeus monodon), redspotted
shrimp (Penaeus brasiliensis), southern
brown shrimp (Penaeus subtilis),
southern pink shrimp (Penaeus
notialis), southern rough shrimp
(Trachypenaeus curvirostris), southern
white shrimp (Penaeus schmitti), blue
shrimp (Penaeus stylirostris), western
white shrimp (Penaeus occidentalis),
and Indian white prawn (Penaeus
indicus).
Frozen shrimp and prawns that are
packed with marinade, spices or sauce
are included in the scope of this order.
In addition, food preparations, which
are not ‘‘prepared meals,’’ that contain
more than 20 percent by weight of
shrimp or prawn are also included in
the scope of this order.
Excluded from the scope are: (1)
Breaded shrimp and prawns (HTSUS
subheading 1605.20.10.20); (2) shrimp
and prawns generally classified in the
Pandalidae family and commonly
referred to as coldwater shrimp, in any
state of processing; (3) fresh shrimp and
prawns whether shell-on or peeled
(HTSUS subheadings 0306.23.00.20 and
0306.23.00.40); (4) shrimp and prawns
in prepared meals (HTSUS subheading
1605.20.05.10); (5) dried shrimp and
prawns; (6) canned warmwater shrimp
and prawns (HTSUS subheading
1605.20.10.40); (7) certain battered
shrimp. Battered shrimp is a shrimp6 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
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73727
based product: (1) That is produced
from fresh (or thawed-from-frozen) and
peeled shrimp; (2) to which a ‘‘dusting’’
layer of rice or wheat flour of at least 95
percent purity has been applied; (3)
with the entire surface of the shrimp
flesh thoroughly and evenly coated with
the flour; (4) with the non-shrimp
content of the end product constituting
between four and ten percent of the
product’s total weight after being
dusted, but prior to being frozen; and (5)
that is subjected to IQF freezing
immediately after application of the
dusting layer. When dusted in
accordance with the definition of
dusting above, the battered shrimp
product is also coated with a wet
viscous layer containing egg and/or
milk, and par-fried.
The products covered by this order
are currently classified under the
following HTSUS subheadings:
0306.17.00.03, 0306.17.00.06,
0306.17.00.09, 0306.17.00.12,
0306.17.00.15, 0306.17.00.18,
0306.17.00.21, 0306.17.00.24,
0306.17.00.27, 0306.17.00.40,
1605.21.10.30, and 1605.29.10.10. These
HTSUS subheadings are provided for
convenience and for customs purposes
only and are not dispositive, but rather
the written description of the scope of
this order is dispositive.7
Initiation and Preliminary Results of
Changed Circumstances Review
Pursuant to section 751(b)(1)(A) of the
Act and 19 CFR 351.216(d), the
Department will conduct a CCR upon
receipt of a request from an interested
party for a review of an AD order which
shows changed circumstances sufficient
to warrant a review of the order. The
information submitted by Thai Union
Group supporting its claim that it is the
successor-in-interest to Thai Union
Frozen demonstrates changed
circumstances sufficient to warrant such
a review.8
In accordance with the abovereferenced regulation, the Department is
7 On April 26, 2011, the Department amended the
antidumping duty order to include dusted shrimp,
pursuant to the U.S. Court of International Trade
(CIT) decision in Ad Hoc Shrimp Trade Action
Committee v. United States, 703 F. Supp. 2d 1330
(CIT 2010) and the U.S. International Trade
Commission determination, which found the
domestic like product to include dusted shrimp.
See Certain Frozen Warmwater Shrimp from Brazil,
India, the People’s Republic of China, Thailand,
and the Socialist Republic of Vietnam: Amended
Antidumping Duty Orders in Accordance with Final
Court Decision, 76 FR 23277 (April 26, 2011); see
also Ad Hoc Shrimp Trade Action Committee v.
United States, 703 F. Supp. 2d 1330 (CIT 2010) and
Frozen Warmwater Shrimp from Brazil, China,
India, Thailand, and Vietnam (Investigation Nos.
731–TA–1063, 1064, 1066–1068 (Review), USITC
Publication 4221, March 2011).
8 See 19 CFR 351.216(d).
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tkelley on DSK3SPTVN1PROD with NOTICES
initiating a CCR to determine whether
Thai Union Group is the successor-ininterest to Thai Union Frozen. When it
concludes that expedited action is
warranted, the Department may publish
the notice of initiation and preliminary
results for a CCR concurrently.9 We
determined that expediting this CCR is
warranted because we have the
information necessary to make a
preliminary finding already on the
record, in accordance with our
practice.10
In determining whether one company
is the successor-in-interest to another,
the Department examines a number of
factors including, but not limited to,
changes in management, production
facilities, supplier relationships, and
customer base.11 While no single factor
or combination of these 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.12 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 prior company, the Department will
assign the new company the cash
deposit rate of its predecessor.13
In its October 5 and October 21, 2015,
submissions, Thai Union Group
provided information to demonstrate
9 See 19 CFR 351.221(c)(3)(ii); see also Certain
Pasta From Italy: Initiation and Preliminary Results
of Antidumping Duty Changed Circumstances
Review, 80 FR 33480, 33480–41 (June 12, 2015)
(Pasta From Italy Preliminary Results) (unchanged
in Certain Pasta From Italy: Final Results of
Changed Circumstances Review, 80 FR 48807)
(August 14, 2015) (Pasta From Italy Final Results).
10 See, e.g., Pasta From Italy Preliminary Results,
80 FR at 33480–41 (unchanged in Pasta From Italy
Final Results, 80 FR at 48807).
11 See, e.g., Notice of Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review: Certain Frozen Warmwater
Shrimp From Thailand, 75 FR 61702, 61703
(October 6, 2010) (Shrimp From Thailand
Preliminary Results) (unchanged in Notice of Final
Results of Antidumping Duty Changed
Circumstances Review: Certain Frozen Warmwater
Shrimp From Thailand, 75 FR 74684 (December 1,
2010) (Shrimp From Thailand Final Results)); and
Industrial Phosphoric Acid From Israel: Final
Results of Antidumping Duty Changed
Circumstances Review, 59 FR 6944, 6946 (February
14, 1994).
12 See Shrimp From Thailand Preliminary
Results, 75 FR at 61703 (unchanged in Shrimp From
Thailand Final Results, 75 FR at 74684).
13 Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative
Review: Polychloroprene Rubber From Japan, 67 FR
58, 59 (January 2, 2002); and Ball Bearings and
Parts Thereof from France: Final Results of
Changed-Circumstances Review, 75 FR 34688,
34689 (June 18, 2010).
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that it is the successor-in-interest to
Thai Union Frozen. Thai Union Group
states that the company’s management,
production facilities and customer/
supplier relationships have not changed
as a result of the corporate name change.
To support its claims, Thai Union
Group submitted the following
documents: (1) Resolutions passed at a
board of directors’ meeting for the
company as well as shareholder meeting
minutes, demonstrating approval of the
name change; 14 (2) a letter announcing
the company’s name change to its
customers and suppliers; 15 (3) two
affidavits, both dated September 2015,
from the Thai Ministry of Commerce’s
Department of Business Development,
certifying that the directors and other
business information appearing in the
Thai company register for Thai Union
Group and Thai Union Frozen are
identical; 16 (4) a list showing the
management of Thai Union Frozen
before, and Thai Union Group after, the
name change; 17 (5) a list showing the
Board of Directors of Thai Union Frozen
before, and Thai Union Group after, the
name change; 18 (6) Thai Union Frozen’s
2014 audited financial statements; 19 (7)
a list of the suppliers of Thai Union
Frozen before, and Thai Union Group
after, the name change; 20 and (8) a list
of the customers of Thai Union Frozen
before, and Thai Union Group after, the
name change.21
Based on the evidence on the record,
we preliminarily find that Thai Union
Group is the successor-in-interest to
Thai Union Frozen. We find that Thai
Union Group operates as the same
business entity as Thai Union Frozen
and that its Board of Directors,
management, production facilities,
supplier relationships, and customers
have not changed as a result of its name
change. Thus, we preliminarily find that
Thai Union Group should receive the
same antidumping duty cash-deposit
rate with respect to the subject
merchandise as Thai Union Frozen, its
predecessor company.22
14 See
Thai Union CCR Request, at Exhibit 1.
15 Id., at Exhibit 2.
16 Id., at Exhibit 5; and CCR Supplemental
Questionnaire Response, at Exhibit 2.
17 See Thai Union CCR Request, at Exhibit 3.
18 Id., at Exhibits 4 and 5.
19 See CCR Supplemental Questionnaire
Response, at Exhibit 3.
20 See Thai Union CCR Request, at Exhibit 7.
21 Id.
22 Thai Union Frozen received a 1.10 percent
dumping margin as part of Thai Union in the 2012–
2013 administrative review of the AD order on
shrimp from Thailand. See Certain Frozen
Warmwater Shrimp From Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306
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Should our final results remain the
same as these preliminary results, we
will instruct U.S. Customs and Border
Protection to suspend entries of subject
merchandise produced or exported by
Thai Union Group at Thai Union
Frozen’s cash deposit rate, effective on
the publication date of our final results.
Public Comment
Interested parties may submit case
briefs and/or written comments not later
than 14 days after the publication of this
notice.23 Rebuttal briefs, which must be
limited to issues raised in case briefs,
may be filed not later than five days
after the deadline for filing case briefs.24
Parties who submit case briefs or
rebuttal briefs in this changed
circumstance review are requested to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities. Interested parties
who wish to comment on the
preliminary results must file briefs
electronically using Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. An
electronically-filed document must be
received successfully in its entirety by
the Department’s electronic records
system, ACCESS, by 5 p.m. Eastern
Time on the date the document is due.
Interested parties that wish to request
a hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS, within 14
days of publication of this notice.25
Parties will be notified of the time and
date of any hearing, if requested.26
Consistent with 19 CFR 351.216(e),
we intend to issue the final results of
this changed circumstance review no
later than 270 days after the date on
which this review was initiated, or
(August 28, 2014) (corrected by Certain Frozen
Warmwater Shrimp From Thailand: Notice of
Correction to the Final Results of the 2012–2013
Antidumping Duty Administrative Review, 79 FR
62099 (October 16, 2014)). We note that Thai Union
Frozen is also a respondent in the current 2014–
2015 administrative review of this antidumping
duty order. See Certain Frozen Warmwater Shrimp
From India and Thailand: Notice of Initiation of
Antidumping Duty Administrative Reviews, 80 FR
16634 (March 30, 2015). At the conclusion of this
CCR, if we determine that Thai Union Group is the
successor-in-interest to Thai Union Frozen, we will
assign Thai Union Group an updated cash deposit
rate based on the final results of that review.
23 See 19 CFR 351.309(c)(ii).
24 See 19 CFR 351.309(d).
25 See 19 CFR 351.310(c); see also 19 CFR 351.303
for general filing requirements.
26 See 19 CFR 351.310.
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within 45 days of publication of these
preliminary results if all parties agree to
our preliminary finding.
We are issuing and publishing this
finding and notice in accordance with
sections 751(b)(1) and 777(i)(1) of the
Act and 19 CFR 351.216 and
351.221(c)(3)(ii).
Dated: November 17, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–29984 Filed 11–24–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Proposed Information Collection;
Comment Request; Interim Procedures
for Considering Requests and
Comments from the Public Under the
Commercial Availability Provision of
the United States—Korea Free Trade
Agreement
International Trade
Administration
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before January 25, 2016.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at JJessup@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Maria D’Andrea, Office of
Textiles and Apparel, U.S. Department
of Commerce, Tel. (202) 482–1550,
Maria.D’Andrea@trade.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
tkelley on DSK3SPTVN1PROD with NOTICES
I. Abstract
The United States and Korea
negotiated the U.S.-Korea Free Trade
Agreement (the ‘‘Agreement’’) which
was implemented into U.S. law
pursuant to the United States-Korea
Free Trade Agreement Implementation
Act (‘‘the Act’’). Under the provisions of
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Jkt 238001
the Act, textile and apparel goods must
contain fibers, yarns, and fabrics
produced in Korea or the United States
to receive duty-free tariff treatment. The
Agreement also provides for the
establishment of a list of specific fibers,
yarns, and fabrics that are not available
in commercial quantities in a timely
manner from producers in the United
States. Articles containing these
commercially unavailable fibers, yarns,
and fabrics are also entitled to duty-free
or preferential duty treatment despite
not being produced in the United States.
The list of commercially unavailable
fabrics, yarns, and fibers may be
changed pursuant to the commercial
availability provision of the Agreement
and the Act. Under Section 202(o) of the
Act (‘‘the commercial availability
provision’’), interested entities from
Korea or the United States have the right
to request that a specific fiber, yarn, or
fabric be added to, or removed from, the
list of commercially unavailable fibers,
yarns, and fabrics. This right becomes
effective when the Agreement enters
into force.
Section 202(o)(3)(F) of the Act
requires that the President establish
procedures for parties to follow when
exercising the right to make these
requests. The President delegated the
responsibility for publishing the
procedures and administering
commercial availability requests to the
Committee for the Implementation of
Textile Agreements (CITA), which
issues procedures and acts on requests
through the Office of Textiles and
Apparel (‘‘OTEXA’’).
The intent of these procedures is to
foster the trade in U.S. and Korean
textile and apparel articles by allowing
non-originating fibers, yarns, and fabrics
to be placed on or removed from a list
of items not available in commercial
quantities, on a timely basis, and in a
manner that is consistent with normal
business practice. To this end, these
procedures are intended to facilitate the
transmission, on a timely basis, of
requests for commercial availability
determinations and offers to supply the
products that are the subject of the
requests; have the market indicate the
availability of the supply of the subject
products; make available promptly, to
interested entities and parties,
information received regarding the
requests for products and offers to
supply; ensure wide participation by
interested entities and parties; provide
careful scrutiny of information provided
to substantiate order requests and
responses of offers to supply; and
provide timely public dissemination of
information used by CITA in making
commercial availability determinations.
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
73729
For a fiber, yarn or fabric to be added
to Appendix 4–B–1, an interested entity
must submit to CITA a Request for a
Commercial Availability Determination
(‘‘Request’’) which states that the subject
product is not commercially available in
the United States within a commercially
reasonable timeframe (i.e., timely). In
support of its claim, the requestor must
provide information to CITA regarding
its attempts to source the subject
product in the United States, and why
it determined that the product is not
available in a timely manner. Potential
suppliers from the United States may
submit a Response with an Offer to
Supply (‘‘Response’’), asserting their
capability and capacity to supply the
subject product. These Responses must
include information supporting the
capability and capacity assertion. If the
requestor disputes a responder’s
assertions, the requestor may submit a
Rebuttal comment offering its
contention, along with supporting
information and documentation.
The information collected by CITA
from Requests, Responses and Rebuttals
will be used to determine whether the
subject product is available in
commercial quantities in a timely
manner in the United States under the
commercial availability provision of the
Act. Requests, Responses, and Rebuttals
must identify confidential information.
Entities submitting confidential
information in their Requests,
Responses, or Rebuttals to CITA must
submit both a public and a confidential
version of their submissions. If the
submissions are accepted, the public
submissions or public versions of
submissions will be posted on the
dedicated commercial availability
section of the Office of Textiles and
Apparel (OTEXA)’s Web site. Business
confidential information will not be
shared with the public. Requestors and
potential suppliers of the product
named in the Request may use the
public version as a basis for Responses
and Rebuttals.
Each submission containing factual
information for CITA’s consideration
must be accompanied by the
appropriate certification regarding the
accuracy of the factual information.
With each electronic and original signed
submission that contains factual
information, an interested entity must
file a certification of due diligence,
attesting to the accuracy and
authenticity of the submission. If the
interested entity has legal counsel or
other representative, the legal counsel or
other representative must also file a
certification of due diligence with each
electronic and original signed
submissions that contains factual
E:\FR\FM\25NON1.SGM
25NON1
]]>Agencies
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Notices]
[Pages 73726-73729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29984]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-822]
Notice of Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review: Certain Frozen Warmwater Shrimp From
Thailand
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request by Thai Union Group Public Co., Ltd.
(Thai Union Group), a producer/exporter of certain frozen warmwater
shrimp (shrimp) from Thailand, and pursuant to section 751(b) of the
Tariff Act of 1930, as amended (the Act), 19 CFR 351.216, and 19 CFR
351.221(c)(3)(ii), the Department of Commerce (the Department) is
initiating a changed circumstances review (CCR) of the antidumping duty
(AD) order on shrimp from Thailand with regard to Thai
[[Page 73727]]
Union Group. Based on the information received, we preliminarily
determine that Thai Union Group is the successor-in-interest to Thai
Union Frozen Products Public Co., Ltd. (Thai Union Frozen) for purposes
of determining AD liability. Interested parties are invited to comment
on these preliminary results.
DATES: Effective Date: November 25, 2015.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or Elizabeth Eastwood,
AD/CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5973 or (202) 482-3874, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2005, the Department published in the Federal
Register an AD order on certain frozen warmwater shrimp from
Thailand.\1\ On September 17, 2015, Thai Union Group, a producer/
exporter of Thai shrimp covered by this order, changed its name from
Thai Union Frozen to Thai Union Group. On October 5, 2015, Thai Union
Group requested that the Department conduct an expedited changed
circumstances review under section 751(b) of the Act, 19 CFR
351.216(c), and 19 CFR 351.221(c)(3)(ii).\2\ In this request, Thai
Union Group asked the Department to determine that it is the successor-
in-interest to Thai Union Frozen and, accordingly, to assign it the
cash deposit rate of the Thai Union group of companies, of which Thai
Union Frozen is a part.3 4 On October 8, 2015, we issued a
supplemental questionnaire to Thai Union Group, to which the company
responded on October 21, 2015.\5\
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\1\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater
Shrimp from Thailand, 70 FR 5145 (February 1, 2005).
\2\ See Letter from Thai Union Group, Re: ``Frozen Warmwater
Shrimp from Thailand: Request for Expedited Changed Circumstances
Review,'' dated October 5, 2015 (Thai Union CCR Request).
\3\ Id.
\4\ This group consists of Thai Union Frozen, Thai Union Seafood
Co., Ltd., Pakfood Public Company Limited, Okeanos Co. Ltd., Okeanos
Food Co., Ltd, Asia Pacific (Thailand) Co., Ltd., Chaophraya Cold
Storage Co. Ltd., and Takzin Samut Co. Ltd. (collectively, ``Thai
Union'').
\5\ See Letter from Thai Union Group, Re: ``Frozen Warmwater
Shrimp from Thailand: Changed Circumstances Review Supplemental
Questionnaire Response,'' dated October 21, 2015 (CCR Supplemental
Questionnaire Response).
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Scope of the Order
The scope of this order includes certain frozen warmwater shrimp
and prawns, whether wild-caught (ocean harvested) or farm-raised
(produced by aquaculture), head-on or head-off, shell-on or peeled,
tail-on or tail-off,\6\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
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\6\ ``Tails'' in this context means the tail fan, which includes
the telson and the uropods.
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The frozen warmwater shrimp and prawn products included in the
scope of this order, regardless of definitions in the Harmonized Tariff
Schedule of the United States (HTSUS), are products which are processed
from warmwater shrimp and prawns through freezing and which are sold in
any count size.
The products described above may be processed from any species of
warmwater shrimp and prawns. Warmwater shrimp and prawns are generally
classified in, but are not limited to, the Penaeidae family. Some
examples of the farmed and wild-caught warmwater species include, but
are not limited to, whiteleg shrimp (Penaeus vannemei), banana prawn
(Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river
prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon),
redspotted shrimp (Penaeus brasiliensis), southern brown shrimp
(Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern
rough shrimp (Trachypenaeus curvirostris), southern white shrimp
(Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white
shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus
indicus).
Frozen shrimp and prawns that are packed with marinade, spices or
sauce are included in the scope of this order. In addition, food
preparations, which are not ``prepared meals,'' that contain more than
20 percent by weight of shrimp or prawn are also included in the scope
of this order.
Excluded from the scope are: (1) Breaded shrimp and prawns (HTSUS
subheading 1605.20.10.20); (2) shrimp and prawns generally classified
in the Pandalidae family and commonly referred to as coldwater shrimp,
in any state of processing; (3) fresh shrimp and prawns whether shell-
on or peeled (HTSUS subheadings 0306.23.00.20 and 0306.23.00.40); (4)
shrimp and prawns in prepared meals (HTSUS subheading 1605.20.05.10);
(5) dried shrimp and prawns; (6) canned warmwater shrimp and prawns
(HTSUS subheading 1605.20.10.40); (7) certain battered shrimp. Battered
shrimp is a shrimp-based product: (1) That is produced from fresh (or
thawed-from-frozen) and peeled shrimp; (2) to which a ``dusting'' layer
of rice or wheat flour of at least 95 percent purity has been applied;
(3) with the entire surface of the shrimp flesh thoroughly and evenly
coated with the flour; (4) with the non-shrimp content of the end
product constituting between four and ten percent of the product's
total weight after being dusted, but prior to being frozen; and (5)
that is subjected to IQF freezing immediately after application of the
dusting layer. When dusted in accordance with the definition of dusting
above, the battered shrimp product is also coated with a wet viscous
layer containing egg and/or milk, and par-fried.
The products covered by this order are currently classified under
the following HTSUS subheadings: 0306.17.00.03, 0306.17.00.06,
0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18,
0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40,
1605.21.10.30, and 1605.29.10.10. These HTSUS subheadings are provided
for convenience and for customs purposes only and are not dispositive,
but rather the written description of the scope of this order is
dispositive.\7\
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\7\ On April 26, 2011, the Department amended the antidumping
duty order to include dusted shrimp, pursuant to the U.S. Court of
International Trade (CIT) decision in Ad Hoc Shrimp Trade Action
Committee v. United States, 703 F. Supp. 2d 1330 (CIT 2010) and the
U.S. International Trade Commission determination, which found the
domestic like product to include dusted shrimp. See Certain Frozen
Warmwater Shrimp from Brazil, India, the People's Republic of China,
Thailand, and the Socialist Republic of Vietnam: Amended Antidumping
Duty Orders in Accordance with Final Court Decision, 76 FR 23277
(April 26, 2011); see also Ad Hoc Shrimp Trade Action Committee v.
United States, 703 F. Supp. 2d 1330 (CIT 2010) and Frozen Warmwater
Shrimp from Brazil, China, India, Thailand, and Vietnam
(Investigation Nos. 731-TA-1063, 1064, 1066-1068 (Review), USITC
Publication 4221, March 2011).
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Initiation and Preliminary Results of Changed Circumstances Review
Pursuant to section 751(b)(1)(A) of the Act and 19 CFR 351.216(d),
the Department will conduct a CCR upon receipt of a request from an
interested party for a review of an AD order which shows changed
circumstances sufficient to warrant a review of the order. The
information submitted by Thai Union Group supporting its claim that it
is the successor-in-interest to Thai Union Frozen demonstrates changed
circumstances sufficient to warrant such a review.\8\
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\8\ See 19 CFR 351.216(d).
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In accordance with the above-referenced regulation, the Department
is
[[Page 73728]]
initiating a CCR to determine whether Thai Union Group is the
successor-in-interest to Thai Union Frozen. When it concludes that
expedited action is warranted, the Department may publish the notice of
initiation and preliminary results for a CCR concurrently.\9\ We
determined that expediting this CCR is warranted because we have the
information necessary to make a preliminary finding already on the
record, in accordance with our practice.\10\
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\9\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta From
Italy: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015)
(Pasta From Italy Preliminary Results) (unchanged in Certain Pasta
From Italy: Final Results of Changed Circumstances Review, 80 FR
48807) (August 14, 2015) (Pasta From Italy Final Results).
\10\ See, e.g., Pasta From Italy Preliminary Results, 80 FR at
33480-41 (unchanged in Pasta From Italy Final Results, 80 FR at
48807).
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In determining whether one company is the successor-in-interest to
another, the Department examines a number of factors including, but not
limited to, changes in management, production facilities, supplier
relationships, and customer base.\11\ While no single factor or
combination of these 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.\12\ 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 prior company, the Department will assign the new company
the cash deposit rate of its predecessor.\13\
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\11\ See, e.g., Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Certain Frozen
Warmwater Shrimp From Thailand, 75 FR 61702, 61703 (October 6, 2010)
(Shrimp From Thailand Preliminary Results) (unchanged in Notice of
Final Results of Antidumping Duty Changed Circumstances Review:
Certain Frozen Warmwater Shrimp From Thailand, 75 FR 74684 (December
1, 2010) (Shrimp From Thailand Final Results)); and Industrial
Phosphoric Acid From Israel: Final Results of Antidumping Duty
Changed Circumstances Review, 59 FR 6944, 6946 (February 14, 1994).
\12\ See Shrimp From Thailand Preliminary Results, 75 FR at
61703 (unchanged in Shrimp From Thailand Final Results, 75 FR at
74684).
\13\ Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative Review:
Polychloroprene Rubber From Japan, 67 FR 58, 59 (January 2, 2002);
and Ball Bearings and Parts Thereof from France: Final Results of
Changed-Circumstances Review, 75 FR 34688, 34689 (June 18, 2010).
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In its October 5 and October 21, 2015, submissions, Thai Union
Group provided information to demonstrate that it is the successor-in-
interest to Thai Union Frozen. Thai Union Group states that the
company's management, production facilities and customer/supplier
relationships have not changed as a result of the corporate name
change. To support its claims, Thai Union Group submitted the following
documents: (1) Resolutions passed at a board of directors' meeting for
the company as well as shareholder meeting minutes, demonstrating
approval of the name change; \14\ (2) a letter announcing the company's
name change to its customers and suppliers; \15\ (3) two affidavits,
both dated September 2015, from the Thai Ministry of Commerce's
Department of Business Development, certifying that the directors and
other business information appearing in the Thai company register for
Thai Union Group and Thai Union Frozen are identical; \16\ (4) a list
showing the management of Thai Union Frozen before, and Thai Union
Group after, the name change; \17\ (5) a list showing the Board of
Directors of Thai Union Frozen before, and Thai Union Group after, the
name change; \18\ (6) Thai Union Frozen's 2014 audited financial
statements; \19\ (7) a list of the suppliers of Thai Union Frozen
before, and Thai Union Group after, the name change; \20\ and (8) a
list of the customers of Thai Union Frozen before, and Thai Union Group
after, the name change.\21\
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\14\ See Thai Union CCR Request, at Exhibit 1.
\15\ Id., at Exhibit 2.
\16\ Id., at Exhibit 5; and CCR Supplemental Questionnaire
Response, at Exhibit 2.
\17\ See Thai Union CCR Request, at Exhibit 3.
\18\ Id., at Exhibits 4 and 5.
\19\ See CCR Supplemental Questionnaire Response, at Exhibit 3.
\20\ See Thai Union CCR Request, at Exhibit 7.
\21\ Id.
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Based on the evidence on the record, we preliminarily find that
Thai Union Group is the successor-in-interest to Thai Union Frozen. We
find that Thai Union Group operates as the same business entity as Thai
Union Frozen and that its Board of Directors, management, production
facilities, supplier relationships, and customers have not changed as a
result of its name change. Thus, we preliminarily find that Thai Union
Group should receive the same antidumping duty cash-deposit rate with
respect to the subject merchandise as Thai Union Frozen, its
predecessor company.\22\
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\22\ Thai Union Frozen received a 1.10 percent dumping margin as
part of Thai Union in the 2012-2013 administrative review of the AD
order on shrimp from Thailand. See Certain Frozen Warmwater Shrimp
From Thailand: Final Results of Antidumping Duty Administrative
Review, Final Determination of No Shipments, and Partial Rescission
of Review; 2012-2013, 79 FR 51306 (August 28, 2014) (corrected by
Certain Frozen Warmwater Shrimp From Thailand: Notice of Correction
to the Final Results of the 2012-2013 Antidumping Duty
Administrative Review, 79 FR 62099 (October 16, 2014)). We note that
Thai Union Frozen is also a respondent in the current 2014-2015
administrative review of this antidumping duty order. See Certain
Frozen Warmwater Shrimp From India and Thailand: Notice of
Initiation of Antidumping Duty Administrative Reviews, 80 FR 16634
(March 30, 2015). At the conclusion of this CCR, if we determine
that Thai Union Group is the successor-in-interest to Thai Union
Frozen, we will assign Thai Union Group an updated cash deposit rate
based on the final results of that review.
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Should our final results remain the same as these preliminary
results, we will instruct U.S. Customs and Border Protection to suspend
entries of subject merchandise produced or exported by Thai Union Group
at Thai Union Frozen's cash deposit rate, effective on the publication
date of our final results.
Public Comment
Interested parties may submit case briefs and/or written comments
not later than 14 days after the publication of this notice.\23\
Rebuttal briefs, which must be limited to issues raised in case briefs,
may be filed not later than five days after the deadline for filing
case briefs.\24\ Parties who submit case briefs or rebuttal briefs in
this changed circumstance review are requested to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities. Interested parties who wish
to comment on the preliminary results must file briefs electronically
using Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. An electronically-filed
document must be received successfully in its entirety by the
Department's electronic records system, ACCESS, by 5 p.m. Eastern Time
on the date the document is due.
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\23\ See 19 CFR 351.309(c)(ii).
\24\ See 19 CFR 351.309(d).
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Interested parties that wish to request a hearing, or to
participate if one is requested, must submit a written request to the
Assistant Secretary for Enforcement and Compliance, filed
electronically via ACCESS, within 14 days of publication of this
notice.\25\ Parties will be notified of the time and date of any
hearing, if requested.\26\
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\25\ See 19 CFR 351.310(c); see also 19 CFR 351.303 for general
filing requirements.
\26\ See 19 CFR 351.310.
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Consistent with 19 CFR 351.216(e), we intend to issue the final
results of this changed circumstance review no later than 270 days
after the date on which this review was initiated, or
[[Page 73729]]
within 45 days of publication of these preliminary results if all
parties agree to our preliminary finding.
We are issuing and publishing this finding and notice in accordance
with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216 and
351.221(c)(3)(ii).
Dated: November 17, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-29984 Filed 11-24-15; 8:45 am]
BILLING CODE 3510-DS-P
