Certain Frozen Warmwater Shrimp From India: Initiation of Antidumping Duty Changed-Circumstances Review, 13492-13494 [2010-6253]
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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Korea entered, or withdrawn from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
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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
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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 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
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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
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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
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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
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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
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]]>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]
-----------------------------------------------------------------------
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
