Certain Frozen Warmwater Shrimp From India: Initiation of Antidumping Duty Changed-Circumstances Review, 13492-13494 [2010-6253]

Download as PDF 13492 Federal Register / Vol. 75, No. 54 / Monday, March 22, 2010 / Notices did not know that their merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all– others rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). pwalker on DSK8KYBLC1PROD with NOTICES Cash Deposit Requirements The following deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of CORE from Korea entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided by section 751(a) of the Tariff Act of 1930, as amended (the Act): (1) for companies covered by this review, the cash deposit rate will be the rate listed above; (2) for previously reviewed or investigated companies other than those covered by this review, the cash deposit rate will be the company–specific rate established for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less–thanfair–value investigation, but the producer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the subject merchandise; and (4) if neither the exporter nor the producer is a firm covered in this review, a prior review, or the investigation, the cash deposit rate will be 17.70 percent, the all–others rate established in the less–than-fair– value investigation. These deposit requirements shall remain in effect until further notice. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent increase in antidumping duties by the amount of antidumping and/or countervailing duties reimbursed. Administrative Protective Order This notice also is the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or VerDate Nov<24>2008 16:41 Mar 19, 2010 Jkt 220001 destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing these results and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: March 15, 2010. Kim Glas, Acting Deputy Assistant Secretary for Import Administration. Appendix I List of Comments in the Accompanying Issues and Decision Memorandum: A. General Issues Comment 1: Treatment of ‘‘Negative Dumping Margins’’ (Zeroing) Comment 2: Comment 2:Home Market Revenue for the POSCO Group (Freight and Interest) and HYSCO (Interest) Comment 3: Use of Quarterly Cost Methodology Comment 4: Laminated Products B. Company–Specific Issues Hyundai HYSCO Comment 5: Date of Sale Comment 6: Liquidations Instructions Comment 7: Major Input Adjustments The POSCO Group Comment 8: Inadvertent Omission of Certain U.S. Sales from POSCO’s Margin Calculations in the Post–Preliminary Analysis Comment 9: The Treatment of Certain SAS Programming for the POSCO Group Comment 10: The Department’s Calculation of POCOS’ Loans in the Calculation of the Home Market Interest Rate Comment 11: The Department’s Calculation of POSCO America Corporation (POSAM)’s Indirect Selling Expense Comment 12: Financial Expense Ratio Calculation Comment 13: Margin Calculation Error for Applying General and Administrative Expense Ratio Union Comment 14: Window Period Sales Comment 15: The Treatment of Overrun Comment 16: Union’s General and Administrative and Financial Expense Ratios [FR Doc. 2010–6258 Filed 3–19–04; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–533–840] Certain Frozen Warmwater Shrimp From India: Initiation of Antidumping Duty Changed-Circumstances Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: March 22, 2010. SUMMARY: The Department of Commerce (the Department) has received information sufficient to warrant the initiation of a changed circumstances review of the antidumping duty order on certain frozen warmwater shrimp from India. Specifically, based on a request filed by R.D.R. Exports, the Department is initiating a changed circumstances review to determine whether R.D.R. Exports is the successorin-interest to Jaya Satya Marine Exports Pvt. Ltd. (Jaya Satya). FOR FURTHER INFORMATION CONTACT: Blaine Wiltse; AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–6345. SUPPLEMENTARY INFORMATION: Background On February 1, 2005, the Department published in the Federal Register an antidumping duty order on certain frozen warmwater shrimp from India. See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from India, 70 FR 5147 (Feb. 1, 2005) (Shrimp Order). On January 25, 2010, R.D.R. Exports informed the Department that it purchased the packing plant formerly owned and operated by Jaya Satya, and provided certain documentation related to this claim. Additionally, R.D.R. Exports requested that the Department conduct an expedited changed circumstances review under 19 CFR 351.221(c)(3)(iii) to confirm that R.D.R. Exports is the successor-in-interest to Jaya Satya for purposes of determining antidumping duty cash deposits and liabilities. Normally, the Department will initiate a changed circumstances review within 45 days of the date on which the request is filed. See 19 CFR 351.216(b). However, as explained in the memorandum from the Deputy Assistant Secretary for Import E:\FR\FM\22MRN1.SGM 22MRN1 Federal Register / Vol. 75, No. 54 / Monday, March 22, 2010 / Notices Administration, the Department has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from February 5, through February 12, 2010. Thus, all deadlines in this segment of the proceeding have been extended by seven days. The revised deadline for initiating this review is now March 18, 2010. See Memorandum to the Record from Ronald Lorentzen, DAS for Import Administration, regarding ‘‘Tolling of Administrative Deadlines As a Result of the Government Closure During the Recent Snowstorm,’’ dated February 12, 2010. pwalker on DSK8KYBLC1PROD with NOTICES 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,1 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 1 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. VerDate Nov<24>2008 16:41 Mar 19, 2010 Jkt 220001 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 dusted shrimp; and 8) certain battered shrimp. Dusted 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. Battered shrimp is a shrimp-based product that, when dusted in accordance with the definition of dusting above, is 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: 0306.13.00.03, 0306.13.00.06, 0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18, 0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40, 1605.20.10.10, and 1605.20.10.30. 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. Initiation of Changed Circumstances Review Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), the Department will conduct a changed circumstances review upon receipt of information concerning, or a request from an interested party for a review of, an antidumping duty order which shows changed circumstances sufficient to warrant a review of the order. In accordance with 19 CFR 351.216(d), the Department has determined that the information submitted by R.D.R. Exports includes evidence sufficient to warrant PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 13493 initiating a changed circumstances review. In antidumping duty changed circumstances reviews involving a successor-in-interest determination, the Department typically examines several factors including, but not limited to, changes in the following: (1) Management; (2) production facilities; (3) supplier relationships; and (4) customer base. See, e.g., Brake Rotors From the People’s Republic of China: Final Results of Changed Circumstances Antidumping Duty Administrative Review, 70 FR 69941 (Nov. 18, 2005); and Notice of Final Results of ChangedCircumstances Antidumping Duty Administrative Review: Polychloroprene Rubber from Japan, 67 FR 58 (Jan. 2, 2002). 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 (Mar. 1, 1999). Thus, if the record evidence demonstrates that, with respect to the production and sale of subject merchandise, the new company operates as the same business entity as the predecessor company, the Department will accord the new company the same antidumping treatment as its predecessor. Id at 9980. Based on the information provided in its submission, R.D.R. Exports has provided sufficient evidence to warrant a review to determine if it is the successor-in-interest to Jaya Satya. Therefore, pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), we are initiating a changed circumstances review. However, although R.D.R. Exports has provided information regarding the transfer of packing facilities from Jaya Satya to R.D.R. Exports, we require additional time to solicit further information related to the four successor-in-interest factors listed above. Accordingly, we have determined that it would be inappropriate for the Department to expedite this action by combining the preliminary results of review with this notice of initiation, as permitted under 19 CFR 351.221(c)(3)(ii). As a result, the Department is not issuing preliminary results for this changed circumstances review at this time. The Department will issue questionnaires requesting additional information for the review and will publish in the Federal Register a notice E:\FR\FM\22MRN1.SGM 22MRN1 13494 Federal Register / Vol. 75, No. 54 / Monday, March 22, 2010 / Notices of preliminary results of changed circumstances review in accordance with 19 CFR 351.221(b)(4) and 351.221(c)(3)(i). That notice will set forth the factual and legal conclusions upon which our preliminary results are based and a description of any action proposed. Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity to comment on the preliminary results. The Department will issue its final results of review in accordance with the time limits set forth in 19 CFR 351.216(e). This notice is in accordance with section 751(b)(1) of the Act. Dated: March 16, 2010. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–6253 Filed 3–19–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of the Census Census Advisory Committees pwalker on DSK8KYBLC1PROD with NOTICES AGENCY: Bureau of the Census, Department of Commerce. ACTION: Notice of public meeting. SUMMARY: The Bureau of the Census (Census Bureau) is giving notice of a joint meeting of the Census Advisory Committees (CACs) on the African American Population, the American Indian and Alaska Native Populations, the Asian Population, the Hispanic Population, and the Native Hawaiian and Other Pacific Islander Populations. The Committees will address issues related to the 2010 Census, including the Integrated Communications Campaign, 2010 Partnerships, and other decennial activities. The five Census Advisory Committees on Race and Ethnicity will meet in plenary and concurrent sessions on April 28–30, 2010. Last-minute changes to the schedule are possible, which could prevent giving advance public notice of schedule adjustments. DATES: April 28–30, 2010. On April 28, the meeting will begin at approximately 1 p.m. and end at approximately 5 p.m. On April 29, the meeting will begin at approximately 8:30 a.m. and end at approximately 5:30 p.m. On April 30, the meeting will begin at approximately 8:30 a.m. and end at approximately 1:30 p.m. ADDRESSES: The meeting will be held at the U.S. Census Bureau, 4600 Silver Hill Road, Suitland, Maryland 20746. VerDate Nov<24>2008 16:41 Mar 19, 2010 Jkt 220001 FOR FURTHER INFORMATION CONTACT: Jeri Green, Jeri.Green@census.gov, Committee Liaison Officer, Department of Commerce, U.S. Census Bureau, Room 8H182, 4600 Silver Hill Road, Washington, DC 20233, telephone 301– 763–6590. For TTY callers, please use the Federal Relay Service 1–800–877– 8339. The CACs on the African American Population, the American Indian and Alaska Native Populations, the Asian Population, the Hispanic Population, and the Native Hawaiian and Other Pacific Islander Populations are comprised of nine members each. The committees provide an organized and continuing channel of communication between the representative race and ethnic populations and the Census Bureau. The committees provide an outside-user perspective and advice on research and design plans for the 2010 Census, the American Community Survey, and other related programs particularly as they pertain to an accurate count of these communities. The committees also assist the Census Bureau on ways that census data can best be disseminated to diverse race and ethnic populations and other users. The committees are established in accordance with the Federal Advisory Committee Act (Title 5, United States Code, Appendix 2, Section 10). All meetings are open to the public. A brief period will be set aside at the meeting for public comment on April 30. However, individuals with extensive questions or statements must submit them in writing to Ms. Jeri Green at least three days before the meeting. Seating is available to the public on a first-come, first-served basis. These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to the Committee Liaison Officer as soon as possible, preferably two weeks prior to the meeting. Due to increased security and for access to the meeting, please call 301– 763–3231 upon arrival at the Census Bureau on the day of the meeting. A valid photo ID must be presented in order to receive your visitor’s badge. Visitors are not allowed beyond the first floor. SUPPLEMENTARY INFORMATION: Dated: March 16, 2010. Robert M. Groves, Director, Bureau of the Census. [FR Doc. 2010–6251 Filed 3–19–10; 8:45 am] BILLING CODE 3510–07–P PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration North American Free-Trade Agreement, Article 1904; NAFTA Panel Reviews; Request for Panel Review AGENCY: NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of First Request for Panel Review. SUMMARY: On March 11, 2010, ThyssenKrupp Mexinox S.A. de C.V. and Mexinox USA, Inc. (collectively ‘‘Mexinox’’), 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. Panel Review was requested of the Final Results of the 2007–2008 Antidumping Duty Administrative Review, made by the International Trade Administration, respecting Stainless Steel Sheet and Strip in Coils from Mexico. This determination was published in the Federal Register (75 FR 6627), on February 10, 2010. The NAFTA Secretariat has assigned Case Number USA–MEX–2010–1904–01 to this request. FOR FURTHER INFORMATION CONTACT: Marsha Iyomasa, Acting 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 with 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 (59 FR 8686). A first Request for Panel Review was filed with the United States Section of E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 75, Number 54 (Monday, March 22, 2010)]
[Notices]
[Pages 13492-13494]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6253]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-840]


Certain Frozen Warmwater Shrimp From India: Initiation of 
Antidumping Duty Changed-Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: March 22, 2010.

SUMMARY: The Department of Commerce (the Department) has received 
information sufficient to warrant the initiation of a changed 
circumstances review of the antidumping duty order on certain frozen 
warmwater shrimp from India. Specifically, based on a request filed by 
R.D.R. Exports, the Department is initiating a changed circumstances 
review to determine whether R.D.R. Exports is the successor-in-interest 
to Jaya Satya Marine Exports Pvt. Ltd. (Jaya Satya).

FOR FURTHER INFORMATION CONTACT: Blaine Wiltse; AD/CVD Operations, 
Office 2, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-6345.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2005, the Department published in the Federal 
Register an antidumping duty order on certain frozen warmwater shrimp 
from India. See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater 
Shrimp from India, 70 FR 5147 (Feb. 1, 2005) (Shrimp Order).
    On January 25, 2010, R.D.R. Exports informed the Department that it 
purchased the packing plant formerly owned and operated by Jaya Satya, 
and provided certain documentation related to this claim. Additionally, 
R.D.R. Exports requested that the Department conduct an expedited 
changed circumstances review under 19 CFR 351.221(c)(3)(iii) to confirm 
that R.D.R. Exports is the successor-in-interest to Jaya Satya for 
purposes of determining antidumping duty cash deposits and liabilities.
    Normally, the Department will initiate a changed circumstances 
review within 45 days of the date on which the request is filed. See 19 
CFR 351.216(b). However, as explained in the memorandum from the Deputy 
Assistant Secretary for Import

[[Page 13493]]

Administration, the Department has exercised its discretion to toll 
deadlines for the duration of the closure of the Federal Government 
from February 5, through February 12, 2010. Thus, all deadlines in this 
segment of the proceeding have been extended by seven days. The revised 
deadline for initiating this review is now March 18, 2010. See 
Memorandum to the Record from Ronald Lorentzen, DAS for Import 
Administration, regarding ``Tolling of Administrative Deadlines As a 
Result of the Government Closure During the Recent Snowstorm,'' dated 
February 12, 2010.

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,\1\ deveined or not deveined, cooked or raw, or 
otherwise processed in frozen form.
---------------------------------------------------------------------------

    \1\ ``Tails'' in this context means the tail fan, which includes 
the telson and the uropods.
---------------------------------------------------------------------------

    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 dusted shrimp; and 8) 
certain battered shrimp. Dusted 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. Battered shrimp is a shrimp-
based product that, when dusted in accordance with the definition of 
dusting above, is 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: 0306.13.00.03, 0306.13.00.06, 
0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18, 
0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40, 
1605.20.10.10, and 1605.20.10.30. 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.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), the Department will conduct a changed circumstances review 
upon receipt of information concerning, or a request from an interested 
party for a review of, an antidumping duty order which shows changed 
circumstances sufficient to warrant a review of the order. In 
accordance with 19 CFR 351.216(d), the Department has determined that 
the information submitted by R.D.R. Exports includes evidence 
sufficient to warrant initiating a changed circumstances review. In 
antidumping duty changed circumstances reviews involving a successor-
in-interest determination, the Department typically examines several 
factors including, but not limited to, changes in the following: (1) 
Management; (2) production facilities; (3) supplier relationships; and 
(4) customer base. See, e.g., Brake Rotors From the People's Republic 
of China: Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 70 FR 69941 (Nov. 18, 2005); and Notice of Final 
Results of Changed-Circumstances Antidumping Duty Administrative 
Review: Polychloroprene Rubber from Japan, 67 FR 58 (Jan. 2, 2002). 
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 (Mar. 1, 1999). Thus, if the record evidence demonstrates that, 
with respect to the production and sale of subject merchandise, the new 
company operates as the same business entity as the predecessor 
company, the Department will accord the new company the same 
antidumping treatment as its predecessor. Id at 9980.
    Based on the information provided in its submission, R.D.R. Exports 
has provided sufficient evidence to warrant a review to determine if it 
is the successor-in-interest to Jaya Satya. Therefore, pursuant to 
section 751(b)(1) of the Act and 19 CFR 351.216(d), we are initiating a 
changed circumstances review. However, although R.D.R. Exports has 
provided information regarding the transfer of packing facilities from 
Jaya Satya to R.D.R. Exports, we require additional time to solicit 
further information related to the four successor-in-interest factors 
listed above. Accordingly, we have determined that it would be 
inappropriate for the Department to expedite this action by combining 
the preliminary results of review with this notice of initiation, as 
permitted under 19 CFR 351.221(c)(3)(ii). As a result, the Department 
is not issuing preliminary results for this changed circumstances 
review at this time.
    The Department will issue questionnaires requesting additional 
information for the review and will publish in the Federal Register a 
notice

[[Page 13494]]

of preliminary results of changed circumstances review in accordance 
with 19 CFR 351.221(b)(4) and 351.221(c)(3)(i). That notice will set 
forth the factual and legal conclusions upon which our preliminary 
results are based and a description of any action proposed. Pursuant to 
19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity 
to comment on the preliminary results. The Department will issue its 
final results of review in accordance with the time limits set forth in 
19 CFR 351.216(e).
    This notice is in accordance with section 751(b)(1) of the Act.

    Dated: March 16, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-6253 Filed 3-19-10; 8:45 am]
BILLING CODE 3510-DS-P