Certain Frozen Warmwater Shrimp from India: Preliminary Results of Antidumping Duty Changed Circumstances Review, 44229-44230 [2010-18533]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 75, Number 144 (Wednesday, July 28, 2010)]
[Notices]
[Pages 44229-44230]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18533]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-533-840)


Certain Frozen Warmwater Shrimp from India: Preliminary Results 
of Antidumping Duty Changed Circumstances Review

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

EFFECTIVE DATE: July 28, 2010.
SUMMARY: The Department of Commerce (the Department) is conducting a 
changed circumstances review of the antidumping duty order on certain 
frozen warmwater shrimp (shrimp) from India pursuant to section 751(b) 
of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216 and 
351.221(c)(3). We preliminarily determine that Srikanth International 
(Srikanth) is the successor-in-interest to NGR Aqua International (NGR) 
for purposes of determining antidumping liability. Interested parties 
are invited to comment on these preliminary results.

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 3, 2010, Srikanth requested that the Department conduct 
an expedited changed circumstances review under 19 CFR 
351.221(c)(3)(iii) to determine whether it is the successor-in-interest 
to NGR for purposes of determining antidumping liability. On April 1, 
2010, the Department initiated a changed circumstances review but did 
not expedite the review, as requested by Srikanth, because questions 
remained regarding the completeness of the factual statements forming 
the basis of Srikanth's changed circumstances review request. See 
Certain Frozen Warmwater Shrimp From India: Initiation of Antidumping 
Duty Changed Circumstances Review, 75 FR 16436 (Apr. 1, 2010) 
(Initiation Notice). On April 19 and June 3, 2010, we requested further 
information and documentation from Srikanth to substantiate its claim 
to be the successor-in-interest to NGR. Srikanth submitted this 
information on May 6 and June 17, 2010, respectively.

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.
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    \1\ ``Tails'' in this context means the tail fan, which includes 
the telson and the uropods.
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    The frozen warmwater shrimp and prawn products included in the 
scope of this order, regardless of definitions in the Harmonized Tariff 
Schedule of the United States (HTSUS), are products which are processed 
from warmwater shrimp and prawns through freezing and which are sold in 
any count size. The products described above may be processed from any 
species of warmwater shrimp and prawns. Warmwater shrimp and prawns are 
generally classified in, but are not limited to, the Penaeidae family. 
Some examples of the farmed and wild-caught warmwater species include, 
but are not limited to, whiteleg shrimp (Penaeus vannemei), banana 
prawn (Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant 
river prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus 
monodon), redspotted shrimp (Penaeus brasiliensis), southern brown 
shrimp (Penaeus subtilis), southern pink shrimp (Penaeus notialis), 
southern rough shrimp (Trachypenaeus curvirostris), southern white 
shrimp (Penaeus schmitti), blue shrimp (Penaeus stylirostris), western 
white shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus 
indicus).
    Frozen shrimp and prawns that are packed with marinade, spices or 
sauce are included in the scope of this order. In addition, food 
preparations, which are not ``prepared meals,'' that contain more than 
20 percent by weight of shrimp or prawn are also included in the scope 
of this order.
    Excluded from the scope are: 1) breaded shrimp and prawns (HTSUS 
subheading 1605.20.10.20); 2) shrimp and prawns generally classified in 
the Pandalidae family and commonly referred to as coldwater shrimp, in 
any state of processing; 3) fresh shrimp and prawns whether shell-on or 
peeled (HTSUS subheadings 0306.23.00.20 and 0306.23.00.40); 4) shrimp 
and prawns in prepared meals (HTSUS subheading 1605.20.05.10); 5) dried 
shrimp and prawns; 6) canned warmwater shrimp and prawns (HTSUS 
subheading 1605.20.10.40); 7) certain 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 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.

[[Page 44230]]

Successor-in-Interest Determination

    Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216, the 
Department will conduct a changed circumstances review upon receipt of 
information concerning, or request from an interested party for review 
of, an antidumping duty order which shows changed circumstances 
sufficient to warrant review of the order. In this case, we found that 
the information submitted by Srikanth provided evidence of changed 
circumstances sufficient to warrant a review. See Initiation Notice, 75 
FR at 16437. Thus, in accordance with section 751(b) of the Act, we 
initiated a changed circumstances review to determine whether Srikanth 
is the successor-in-interest to NGR. Id.
    In making a successor-in-interest determination, the Department 
typically examines several factors including, but not limited to: 1) 
management; 2) production facilities; 3) supplier relationships; and 4) 
customer base. See, e.g., Pressure Sensitive Plastic Tape from Italy: 
Preliminary Results of Antidumping Duty Changed Circumstances Review, 
75 FR 8925 (Feb. 26, 2010), unchanged in Pressure Sensitive Plastic 
Tape From Italy: Final Results of Antidumping Duty Changed 
Circumstances Review, 75 FR 27706 (May 18, 2010); Brake Rotors From the 
People's Republic of China: Final Results of Changed Circumstances 
Antidumping Duty Administrative Review, 70 FR 69941 (Nov. 18, 2005) 
(Brake Rotors), citing Brass Sheet and Strip from Canada; Final Results 
of Antidumping Duty Administrative Review, 57 FR 20460 (May 13, 1992). 
While no single factor or combination of these factors will necessarily 
be dispositive, the Department will generally consider the new company 
to be the successor to the previous company if its resulting operation 
is not materially dissimilar to that of its predecessor. See, e.g., 
Brake Rotors. Thus, if the record demonstrates that, with respect to 
the production and sale of the subject merchandise, the new company's 
operations are not materially dissimilar to the former company, the 
Department will generally accord the new company the same antidumping 
duty treatment as its predecessor. Id.

Preliminary Results of Changed Circumstances Review

    In its request for a changed circumstances review, Srikanth 
explained that, in March 2009, it purchased the seafood processing and 
packing plant, including all buildings and equipment, previously owned 
by NGR. Srikanth submitted documentation to demonstrate its March 2009 
purchase of NGR (see Srikanth's February 3, 2010, submission at Exhibit 
7). Srikanth also provided information regarding whether there were any 
changes in management, production, suppliers, and customers that 
occurred after Srikanth acquired NGR. The information provided by 
Srikanth indicated that, except for one transfer of duties in 
management and the loss of one customer, the company's business 
operations otherwise had not been affected by the acquisition (see 
Srikanth's May 6, 2010, and June 17, 2010, responses). Therefore, we 
preliminarily find that, based on the totality of the facts and 
circumstances, there have been no material changes in Srikanth's 
operations that would cause us to question whether Srikanth is the 
successor-in-interest to NGR. Specifically, we preliminarily find that 
Srikanth is the successor-in-interest to NGR because the changes in 
management and customers that took place after Srikanth's purchase of 
NGR were not so significant as to materially alter the production or 
business operations of the company. For more detailed discussion of the 
Department's analysis and decision, see Memorandum to James Maeder, 
Director, Office 2, AD/CVD Operations, from Blaine Wiltse, Analyst, 
Office 2, AD/CVD Operations, entitled, ``Changed Circumstances Review 
of the Antidumping Duty Order on Certain Frozen Warmwater Shrimp from 
India; Successor-In-Interest Determination for NGR Aqua International 
and Srikanth International,'' dated July 20, 2010.
    In conclusion, as a result of this determination, we preliminarily 
find that Srikanth should receive the rate previously assigned to NGR 
in the most recently completed review of the antidumping duty order on 
shrimp from India. See Certain Frozen Warmwater Shrimp from India: 
Final Results of Antidumping Duty Administrative Review, Partial 
Rescission of Review, and Notice of Revocation of Order in Part, 75 FR 
41813, 41816 (Jul. 19, 2010). If the above preliminary results are 
affirmed in the Department's final results, we will instruct U.S. 
Customs and Border Protection (CBP) to liquidate all previously 
unliquidated entries of the subject merchandise produced and exported 
by Srikanth entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of the final results of this changed 
circumstances review at the rate previously assigned to NGR. 
Additionally, upon the adoption of these preliminary results in the 
Department's final results, we will instruct CBP to assign NGR's cash 
deposit rate to Srikanth.

Public Comment

    Interested parties are invited to comment on these preliminary 
results. Written comments may be submitted no later than 14 days after 
the date of publication of these preliminary results. Rebuttals to 
written comments, limited to issues raised in such comments, may be 
filed no later than 21 days after the date of publication of this 
notice. All written comments shall be submitted in accordance with 19 
CFR 351.303. Any interested party may request a hearing within 14 days 
of publication of this notice. Any hearing, if requested, will be held 
no later than 30 days after the date of publication of this notice, or 
the first workday thereafter. Persons interested in attending the 
hearing, if one is requested, should contact the Department for the 
date and time of hearing. In accordance with 19 CFR 351.216(e), the 
Department will issue the final results of this antidumping duty 
changed circumstances review no later than 270 days after the date on 
which this review was initiated, or within 45 days if all parties agree 
to our preliminary results.
    During the course of this antidumping duty changed circumstances 
review, cash deposit requirements for the subject merchandise produced 
and exported by Srikanth will continue to be the all-others rate 
established in the investigation (i.e., 10.17 percent). 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, 5148 (Feb. 1, 2005). The cash deposit rate requirement for 
Srikanth will be altered, if warranted, pursuant to the final results 
of this review.
    We are issuing and publishing these preliminary results and notice 
in accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Act 
and 19 CFR 351.216 and 351.221(c)(3).

    Dated: July 21, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-18533 Filed 7-27-10; 8:45 am]
BILLING CODE 3510-DS-S