Frozen Warmwater Shrimp From Vietnam: Initiation and Preliminary Results of Changed-Circumstances Review, 37757-37759 [2010-15925]
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Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Notices
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specific experiences with such Federal
government programs;
(4) Steps that the Federal government
could take to improve its programs to
support U.S. exports; and
(5) More generally, how the Federal
government could better help U.S.
businesses export.
In particular, we are seeking
comments with respect to the following
eight priority areas set forth by the
President in Executive Order 13534:
(a) Exports by Small and MediumSized Enterprises (SMEs);
(b) Federal Export Assistance;
(c) Trade Missions;
(d) Commercial Advocacy;
(e) Increasing Export Credit;
(f) Macroeconomic Rebalancing;
(g) Reducing Barriers to Trade; and
(h) Export Promotion of Services.
In responding, please indicate your
experience with exporting and the type
of organization you are affiliated with,
if any, i.e., small business, large
company, trade association, academia,
labor organization, or other nongovernmental organization. For
organizations submitting comments to
the Federal Register (FR) notice on the
TPCC Renewable Energy and Energy
Efficiency Export Strategy to Support
the NEI (FR Doc. 2010–12982),
comments received in response to that
notice will be considered and do not
need to be resubmitted. The information
received will help the Administration
develop the NEI plan called for by the
President in Executive Order 13534.
With regard to the priority area
involving ‘‘Reducing Barriers to Trade,’’
the Administration will take into
account public comments previously
received by the Office of the U.S. Trade
Representative with regard to the
development and implementation of
U.S. trade policy. See FR notices at
https://www.ustr.gov/federal-registernotices and https://www.regulations.gov
for a complete enumeration of those
notices and comments received.
Dated: June 24, 2010.
Joe Hurd,
Senior Director, Trade Promotion
Coordinating Committee, U.S. Department of
Commerce.
[FR Doc. 2010–15934 Filed 6–29–10; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Notice
of Extension of Time Limit for the Final
Results of the 2008–2009
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 30, 2010.
FOR FURTHER INFORMATION CONTACT:
Susan Pulongbarit or Paul Walker, AD/
CVD Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone (202) 482–4031 or (202) 482–
0413, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 15, 2010, the Department of
Commerce (‘‘Department’’) published in
the Federal Register the preliminary
results of the 2008 2009 administrative
review of the antidumping duty order
on frozen warmwater shrimp from the
Socialist Republic of Vietnam
(‘‘Vietnam’’) covering the period
February 1, 2008, through January 31,
2009. See Certain Frozen Warmwater
Shrimp from the Socialist Republic of
Vietnam: Preliminary Results, Partial
Rescission, and Request for Revocation,
in Part, of the Fourth Administrative
Review, 75 FR 12206 (March 15, 2010).
The final results are currently due no
later than July 13, 2010.
Extension of the Time for the Final
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘Act’’), requires
that the Department issue the final
results of an administrative review
within 120 days after the date on which
the preliminary results are published. If
it is not practicable to complete the
review within that time period, section
751(a)(3)(A) of the Act allows the
Department to extend the deadline for
the final results to a maximum of 180
days after the date on which the
preliminary results are published.
The Department requires additional
time in order to consider the new
surrogate values placed on the record
after the preliminary results and to
provide interested parties an
opportunity to comment on the
Department’s surrogate wage rate
methodology. Thus, it is not practicable
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37757
to complete this review by July 13,
2010. Therefore, the Department is
extending the time limit for completion
of the final results of this review by 17
days, in accordance with section
751(a)(3)(A) of the Act. The final results
are now due no later than July 30, 2010.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: June 23, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–15954 Filed 6–29–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Frozen Warmwater Shrimp From
Vietnam: Initiation and Preliminary
Results of Changed-Circumstances
Review
AGENCY: Import Administration,
International Trade Administration,
Commerce.
SUMMARY: In response to a petition for
a changed-circumstances review of
Phuong Nam Co., Ltd., and Phuong Nam
Foodstuff Corp., the Department of
Commerce (the ‘‘Department’’) is
initiating a changed-circumstances
review of the antidumping duty order
on frozen warmwater shrimp from the
Socialist Republic of Vietnam
(‘‘Vietnam’’). We have preliminarily
concluded that Phuong Nam Foodstuff
Corp. is the successor-in-interest to
Phuong Nam Co., Ltd., and, as a result,
should be accorded the same treatment
previously accorded to Phuong Nam
Co., Ltd., with regard to the
antidumping duty order on frozen
warmwater shrimp from Vietnam.
Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: June 30, 2010.
FOR FURTHER INFORMATION CONTACT: Scot
Fullerton at (202) 482–1386 or Steven
Hampton at (202) 482–0116, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
The Department published the
antidumping duty order on certain
frozen warmwater shrimp from Vietnam
on February 1, 2005. See Notice of
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Amended Final Determination of Sales
at Less Than Fair Value and
Antidumping Duty Order: Certain
Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam, 70 FR
5152 (February 1, 2005) (‘‘VN Shrimp
Order’’). Phuong Nam Co., Ltd., and
Phuong Nam Foodstuff Corp.
(collectively ‘‘Phuong Nam’’)
participated in the third and fourth
administrative reviews of the VN
Shrimp Order and requested an
administrative review, and subsequent
revocation, for the fifth administrative
review. On May 14, 2010, Phuong Nam
informed the Department that Phuong
Nam Co., Ltd., had changed its name to
Phuong Nam Foodstuff Corp. and
petitioned the Department to conduct a
changed-circumstances review to
confirm that Phuong Nam Foodstuff
Corp. is the successor-in-interest to
Phuong Nam Co., Ltd., for purposes of
determining antidumping duties due as
a result of the VN Shrimp Order.1
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,2
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
1 Phuong
Nam claims that this name change was
required to achieve the company’s goal of listing the
company on the Ho Chi Minh City Stock Exchange.
2 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
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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 (HTS
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 (HTS
subheadings 0306.23.00.20 and
0306.23.00.40); (4) shrimp and prawns
in prepared meals (HTS subheading
1605.20.05.10); (5) dried shrimp and
prawns; (6) canned warmwater shrimp
and prawns (HTS 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 10 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 pan-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’’), and 19 CFR 351.216, the
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Department will conduct a changedcircumstances 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. The
information submitted by Phuong Nam
supporting its claim that Phuong Nam
Foodstuff Corp. is the successor-ininterest to Phuong Nam Co., Ltd.,
demonstrates changed circumstances
sufficient to warrant such a review. See
19 CFR 351.216(d).
In accordance with the abovereferenced regulation, the Department is
initiating a changed-circumstances
review to determine whether Phuong
Nam Foodstuff Corp. is the successor-ininterest to Phuong Nam Co., Ltd. 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. See Industrial
Phosphoric Acid From Israel: Final
Results of Antidumping Duty Changed
Circumstances Review, 59 FR 6944
(February 14, 1994). Although no single
factor will necessarily provide a
dispositive indication of succession,
generally, the Department will consider
one company to be a successor-ininterest to another company if its
resulting operation is similar to that of
its predecessor. See Brass Sheet and
Strip from Canada; Notice of Final
Results of Antidumping Duty
Administrative Review, 57 FR 20460
(May 13, 1992). 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 cashdeposit rate of its predecessor. Id.;
Notice of Final Results of Changed
Circumstances Antidumping
Administrative Review: Polychloroprene
Rubber from Japan, 67 FR 58 (January
2, 2002); see also Circular Welded NonAlloy Steel Pipe from Korea; Final
Results of Antidumping Duty Changed
Circumstances Review, 63 FR 20572
(April 27, 1998), (where the Department
found successorship where the
company only changed its name and did
not change its operations).
In its May 14, 2010, submission,
Phuong Nam provided information to
demonstrate that Phuong Nam Foodstuff
Corp. is the successor-in-interest to
Phuong Nam Co., Ltd. With respect to
management prior to and following the
name change, the submission indicates
that four senior managers from Phuong
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Nam Co., Ltd., have retained their
management positions. These four
individuals were also on the company’s
board of directors before and after the
change in name. Since the change in
corporate status, Phuong Nam has
eliminated two positions, Vice Director
of Personnel and Vice Director of
Engineering, in order to streamline the
corporation.
In addition, the submission indicates
that the production facilities for Phuong
Nam Co., Ltd., and Phuong Nam
Foodstuff Corp. are identical. Following
the name change, Phuong Nam
Foodstuff Corp. retained the same
address and assets as Phuong Nam Co.,
Ltd. See Attachment 4 of Phuong Nam’s
May 14, 2010, submission.
Attachment 5 of Phuong Nam’s
submission identifies entities that
supplied packaging material and shrimp
to the company before and after its
transformation from a limited liability
company to a joint-stock company. A
significant number of suppliers for the
joint-stock company are identical to
suppliers of the limited liability
company.
Futher, Phuong Nam addressed
changes to its customer base in
Attachment 6 of its submission. This
attachment contains two lists that
identify the names and addresses of the
company’s customers before and after
its transformation. There are numerous
customers that appear on both lists, but
the lists are not identical. Phuong Nam
claims that changes in its customer base
are due to the nature of competition in
the seafood industry, where customers
are periodically gained and lost.
Given the few changes noted above,
we have preliminarily determined that
no major changes have occurred with
respect to Phuong Nam’s management,
production facilities, suppliers, or
customer base as a result of its name
change to Phuong Nam Foodstuff Corp.
When it concludes that expedited
action is warranted, the Department
may publish the notice of initiation and
preliminary results for a changedcircumstances review concurrently. See
19 CFR 351.221(c)(3)(ii). See also
Initiation and Preliminary Results of
Antidumping Duty Changed
Circumstances Review: Canned
Pineapple Fruit from Thailand; 69 FR
30878 (June 1, 2004). We have
determined that expedition of this
changed-circumstances review is
warranted because we have the
information necessary to make a
preliminary finding already on the
record. In this case, we preliminarily
find that Phuong Nam Foodstuff Corp.
is the successor-in-interest to Phuong
Nam Co., Ltd., and, as such, is entitled
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to Phuong Nam Co., Ltd’s, cash-deposit
rate with respect to entries of subject
merchandise.
Should our final results remain the
same as these preliminary results,
effective the date of publication of the
final results, we will instruct U.S.
Customs and Border Protection to assign
entries of merchandise produced or
exported by Phuong Nam Foodstuff
Corp. the antidumping duty cashdeposit rate applicable to Phuong Nam
Co., Ltd.
Public Comment
Any interested party may request a
hearing within 14 days of publication of
this notice. See 19 CFR 351.310(c). Any
hearing, if requested, will be held 28
days after the date of publication of this
notice or the first working day
thereafter. Interested parties may submit
case briefs and/or written comments no
later than 14 days after the date of
publication of this notice. Rebuttal
briefs and rebuttals to written
comments, which must be limited to
issues raised in such briefs or
comments, may be filed not later than
21 days after the date of publication of
this notice. Parties who submit case
briefs or rebuttal briefs in this changedcircumstances review are requested to
submit with each argument (1) a
statement of the issue and (2) a brief
summary of the argument with an
electronic version included. Consistent
with 19 CFR 351.216(e), we will issue
the final results of this changedcircumstances review no later than 270
days after the date on which this review
was initiated or within 45 days of
publication of these preliminary results
if all parties agree to our preliminary
finding.
We are issuing and publishing this
initiation and preliminary results 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).
Dated: June 24, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–15925 Filed 6–29–10; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Requests for Revocation
in Part
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) has received requests
to conduct administrative reviews of
various antidumping and countervailing
duty orders and findings with May
anniversary dates. In accordance with
the Department’s regulations, we are
initiating those administrative reviews.
The Department also received requests
to revoke one antidumping duty order
and one countervailing duty order in
part.
DATES: Effective Date: June 30, 2010.
FOR FURTHER INFORMATION CONTACT:
Sheila E. Forbes, Office of AD/CVD
Operations, Customs Unit, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230,
telephone: (202) 482–4697.
SUPPLEMENTARY INFORMATION:
Background
The Department has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various antidumping and countervailing
duty orders and findings with May
anniversary dates. The Department also
received requests to revoke in part the
antidumping duty order on Ball
Bearings and Parts Thereof from Japan
for two exporters and the countervailing
duty order on Stainless Steel Plate in
Coils from Belgium for one exporter.
Notice of No Sales
Under 19 CFR 351.213(d)(3), the
Department may rescind a review where
there are no exports, sales, or entries of
subject merchandise during the
respective period of review (‘‘POR’’)
listed below. If a producer or exporter
named in this initiation notice had no
exports, sales, or entries during the
POR, it must notify the Department
within 60 days of publication of this
notice in the Federal Register. The
Department will consider rescinding the
review only if the producer or exporter,
as appropriate, submits a properly filed
and timely statement certifying that it
had no exports, sales, or entries of
subject merchandise during the POR.
All submissions must be made in
accordance with 19 CFR 351.303 and
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]]>Agencies
[Federal Register Volume 75, Number 125 (Wednesday, June 30, 2010)]
[Notices]
[Pages 37757-37759]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15925]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Frozen Warmwater Shrimp From Vietnam: Initiation and Preliminary
Results of Changed-Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Commerce.
SUMMARY: In response to a petition for a changed-circumstances review
of Phuong Nam Co., Ltd., and Phuong Nam Foodstuff Corp., the Department
of Commerce (the ``Department'') is initiating a changed-circumstances
review of the antidumping duty order on frozen warmwater shrimp from
the Socialist Republic of Vietnam (``Vietnam''). We have preliminarily
concluded that Phuong Nam Foodstuff Corp. is the successor-in-interest
to Phuong Nam Co., Ltd., and, as a result, should be accorded the same
treatment previously accorded to Phuong Nam Co., Ltd., with regard to
the antidumping duty order on frozen warmwater shrimp from Vietnam.
Interested parties are invited to comment on these preliminary results.
DATES: Effective Date: June 30, 2010.
FOR FURTHER INFORMATION CONTACT: Scot Fullerton at (202) 482-1386 or
Steven Hampton at (202) 482-0116, AD/CVD Operations, Office 9, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
The Department published the antidumping duty order on certain
frozen warmwater shrimp from Vietnam on February 1, 2005. See Notice of
[[Page 37758]]
Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam, 70 FR 5152 (February 1, 2005) (``VN
Shrimp Order''). Phuong Nam Co., Ltd., and Phuong Nam Foodstuff Corp.
(collectively ``Phuong Nam'') participated in the third and fourth
administrative reviews of the VN Shrimp Order and requested an
administrative review, and subsequent revocation, for the fifth
administrative review. On May 14, 2010, Phuong Nam informed the
Department that Phuong Nam Co., Ltd., had changed its name to Phuong
Nam Foodstuff Corp. and petitioned the Department to conduct a changed-
circumstances review to confirm that Phuong Nam Foodstuff Corp. is the
successor-in-interest to Phuong Nam Co., Ltd., for purposes of
determining antidumping duties due as a result of the VN Shrimp
Order.\1\
---------------------------------------------------------------------------
\1\ Phuong Nam claims that this name change was required to
achieve the company's goal of listing the company on the Ho Chi Minh
City Stock Exchange.
---------------------------------------------------------------------------
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,\2\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
---------------------------------------------------------------------------
\2\ ``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 (HTS
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 (HTS subheadings 0306.23.00.20 and 0306.23.00.40); (4)
shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); (5)
dried shrimp and prawns; (6) canned warmwater shrimp and prawns (HTS
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 10
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 pan-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''), and 19 CFR 351.216, the Department will conduct a
changed-circumstances review upon receipt of information concerning, or
a request from an interested party for a review of, an antidumping duty
order which shows changed circumstances sufficient to warrant a review
of the order. The information submitted by Phuong Nam supporting its
claim that Phuong Nam Foodstuff Corp. is the successor-in-interest to
Phuong Nam Co., Ltd., demonstrates changed circumstances sufficient to
warrant such a review. See 19 CFR 351.216(d).
In accordance with the above-referenced regulation, the Department
is initiating a changed-circumstances review to determine whether
Phuong Nam Foodstuff Corp. is the successor-in-interest to Phuong Nam
Co., Ltd. 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. See Industrial
Phosphoric Acid From Israel: Final Results of Antidumping Duty Changed
Circumstances Review, 59 FR 6944 (February 14, 1994). Although no
single factor will necessarily provide a dispositive indication of
succession, generally, the Department will consider one company to be a
successor-in-interest to another company if its resulting operation is
similar to that of its predecessor. See Brass Sheet and Strip from
Canada; Notice of Final Results of Antidumping Duty Administrative
Review, 57 FR 20460 (May 13, 1992). 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. Id.; Notice of Final Results of
Changed Circumstances Antidumping Administrative Review:
Polychloroprene Rubber from Japan, 67 FR 58 (January 2, 2002); see also
Circular Welded Non-Alloy Steel Pipe from Korea; Final Results of
Antidumping Duty Changed Circumstances Review, 63 FR 20572 (April 27,
1998), (where the Department found successorship where the company only
changed its name and did not change its operations).
In its May 14, 2010, submission, Phuong Nam provided information to
demonstrate that Phuong Nam Foodstuff Corp. is the successor-in-
interest to Phuong Nam Co., Ltd. With respect to management prior to
and following the name change, the submission indicates that four
senior managers from Phuong
[[Page 37759]]
Nam Co., Ltd., have retained their management positions. These four
individuals were also on the company's board of directors before and
after the change in name. Since the change in corporate status, Phuong
Nam has eliminated two positions, Vice Director of Personnel and Vice
Director of Engineering, in order to streamline the corporation.
In addition, the submission indicates that the production
facilities for Phuong Nam Co., Ltd., and Phuong Nam Foodstuff Corp. are
identical. Following the name change, Phuong Nam Foodstuff Corp.
retained the same address and assets as Phuong Nam Co., Ltd. See
Attachment 4 of Phuong Nam's May 14, 2010, submission.
Attachment 5 of Phuong Nam's submission identifies entities that
supplied packaging material and shrimp to the company before and after
its transformation from a limited liability company to a joint-stock
company. A significant number of suppliers for the joint-stock company
are identical to suppliers of the limited liability company.
Futher, Phuong Nam addressed changes to its customer base in
Attachment 6 of its submission. This attachment contains two lists that
identify the names and addresses of the company's customers before and
after its transformation. There are numerous customers that appear on
both lists, but the lists are not identical. Phuong Nam claims that
changes in its customer base are due to the nature of competition in
the seafood industry, where customers are periodically gained and lost.
Given the few changes noted above, we have preliminarily determined
that no major changes have occurred with respect to Phuong Nam's
management, production facilities, suppliers, or customer base as a
result of its name change to Phuong Nam Foodstuff Corp.
When it concludes that expedited action is warranted, the
Department may publish the notice of initiation and preliminary results
for a changed-circumstances review concurrently. See 19 CFR
351.221(c)(3)(ii). See also Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Canned Pineapple Fruit
from Thailand; 69 FR 30878 (June 1, 2004). We have determined that
expedition of this changed-circumstances review is warranted because we
have the information necessary to make a preliminary finding already on
the record. In this case, we preliminarily find that Phuong Nam
Foodstuff Corp. is the successor-in-interest to Phuong Nam Co., Ltd.,
and, as such, is entitled to Phuong Nam Co., Ltd's, cash-deposit rate
with respect to entries of subject merchandise.
Should our final results remain the same as these preliminary
results, effective the date of publication of the final results, we
will instruct U.S. Customs and Border Protection to assign entries of
merchandise produced or exported by Phuong Nam Foodstuff Corp. the
antidumping duty cash-deposit rate applicable to Phuong Nam Co., Ltd.
Public Comment
Any interested party may request a hearing within 14 days of
publication of this notice. See 19 CFR 351.310(c). Any hearing, if
requested, will be held 28 days after the date of publication of this
notice or the first working day thereafter. Interested parties may
submit case briefs and/or written comments no later than 14 days after
the date of publication of this notice. Rebuttal briefs and rebuttals
to written comments, which must be limited to issues raised in such
briefs or comments, may be filed not later than 21 days after the date
of publication of this notice. Parties who submit case briefs or
rebuttal briefs in this changed-circumstances review are requested to
submit with each argument (1) a statement of the issue and (2) a brief
summary of the argument with an electronic version included. Consistent
with 19 CFR 351.216(e), we will issue the final results of this
changed-circumstances review no later than 270 days after the date on
which this review was initiated or within 45 days of publication of
these preliminary results if all parties agree to our preliminary
finding.
We are issuing and publishing this initiation and preliminary
results 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).
Dated: June 24, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-15925 Filed 6-29-10; 8:45 am]
BILLING CODE 3510-DS-P
