Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Initiation and Preliminary Results of Changed Circumstances Review, 20318-20320 [2011-8733]
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Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Notices
conducting this NSR concurrently with
the first administrative review.
On March 23, 2011, Petitioners
submitted rebuttal comments.4 With
respect to PTDT’s argument that the
rescission would render significant time
and effort a nullity, Petitioners note that
this NSR was undertaken at PTDT’s
request and certification. PTDT’s
certification at the time of the request
for the NSR did not state that PTDT had
exported a low volume of subject
merchandise produced by a company
that exported during the POI. With
respect to PTDT’s argument that the
Department should exercise its
discretion and overlook this technical
violation, Petitioners note that 19 CFR
351.214(b)(2)(ii) requires in cases where
an exporter is not the producer of all
merchandise it ships to the United
States, a secondary certification that the
supplier did not export subject
merchandise to the United States during
the POI. Petitioners further note that as
the Department already stated, the
regulations do not require the
consideration of relative volumes
sourced from a company that exported
to the United States during the POI,
with respect to the secondary
certification requirement. Therefore,
Petitioners argue, PTDT is not entitled
to an NSR.
srobinson on DSKHWCL6B1PROD with NOTICES
Final Rescission of Review
As stated in the Preliminary Intent to
Rescind, the Department has
determined that PTDT does not meet the
minimum requirements for establishing
its qualification for an NSR under 19
CFR 351.214(b)(2)(ii)(B) because PTDT
sold and exported subject merchandise
to the United States during the POR that
had been produced by a company that
had exported to the United States
during the POI. Because PTDT could not
produce a certification that none of the
merchandise it exported during the POR
had been produced by a company that
had exported during the POI, PTDT
does not meet the minimum
requirements for establishing
qualification for an NSR. Furthermore,
we note that the regulations provide a
basis for extending the POR of NSRs 5
4 We note that the deadline for submitting
rebuttal comments was March 21, 2011. However,
according to Petitioners, although PTDT certified as
to service, Petitioners still had not received a
service copy of PTDT’s submission as of March 23,
2011. Therefore, we find good cause under 19 CFR
351.302(b) to extend the time limit to submit
rebuttal comments and, accordingly, accept
Petitioners’ submission. Moreover, because PTDT
certified that it served Petitioners with its
submission and subsequently submitted a letter
confirming service, we have not rejected PTDT’s
submission, as requested by Petitioners.
5 See 19 CFR 351.214(f)(2)(ii).
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and applying the de minimis provision
for margins of less than 0.5 percent,6 but
there is no basis for overlooking the
requirements set forth in 19 CFR
351.214(b)(2)(ii)(B). Accordingly, we are
rescinding this NSR. As the Department
is rescinding this NSR, we are not
calculating a company-specific rate for
PTDT, and PTDT will remain part of the
PRC-wide entity subject to the PRCwide rate.
Dated: April 6, 2011.
Gary Taverman,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
Cash Deposit Requirements
[A–552–802]
The following cash deposit
requirements will be effective upon
publication of this final rescission of
this NSR for all shipments of subject
merchandise by PTDT, entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Tariff Act of 1930, as amended
(‘‘Act’’): (1) For subject merchandise
produced and exported by PTDT, as part
of the PRC-wide entity the cash deposit
rate will be 164.09 percent; (2) for
subject merchandise exported by PTDT,
but not manufactured by PTDT, as part
of the PRC-wide entity the cash deposit
rate will continue to be the PRC-wide
rate of 164.09 percent; and (3) for
subject merchandise manufactured by
PTDT, but exported by any party other
than PTDT, the cash deposit rate will be
the rate applicable to the exporter.
These cash deposit requirements will
remain in effect until further notice.
Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam:
Initiation and Preliminary Results of
Changed Circumstances Review
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. 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 terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
determination in accordance with
sections 751(a)(2)(B) and 777(i) of the
Act, and 19 CFR 351.214(h) and
351.221(b)(5).
6 See
PO 00000
19 CFR 351.106(c)(1).
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[FR Doc. 2011–8742 Filed 4–11–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a petition for
a changed circumstances review (‘‘CCR’’)
of Grobest & I–Mei Industrial (Vietnam)
Co., Ltd. (‘‘Grobest & I–Mei’’), the
Department of Commerce (the
‘‘Department’’) is initiating a CCR of the
antidumping duty order on frozen
warmwater shrimp from the Socialist
Republic of Vietnam (‘‘Vietnam’’). We
have preliminarily concluded that Viet
I–Mei Frozen Foods Co., Ltd. (‘‘Viet I–
Mei’’) is the successor-in-interest to
Grobest & I–Mei, and, as a result, should
be accorded the same treatment
previously accorded to Grobest & I–Mei,
with regard to the antidumping duty
order on frozen warmwater shrimp from
Vietnam. Interested parties are invited
to comment on these preliminary
results.
AGENCY:
Effective Date: April 12, 2011.
Toni
Dach at (202) 482–1655, 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:
DATES:
FOR FURTHER INFORMATION CONTACT:
Background
The Department published the
antidumping duty order on certain
frozen warmwater shrimp from Vietnam
on February 1, 2005. See Notice of
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’’). Grobest & I–Mei participated in
a new shipper review; the second, third,
fourth, and fifth administrative reviews
of the VN Shrimp Order; and requested
an administrative review for the sixth
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Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
administrative review of the VN Shrimp
Order. On February 28, 2011, Viet I–Mei
informed the Department that Grobest &
I–Mei had ended their partnership, and
petitioned the Department to conduct a
CCR to confirm that Viet I–Mei is the
successor-in-interest to Grobest & I–Mei,
for purposes of determining
antidumping duties due as a result of
the VN Shrimp Order.
Scope of the Order
The scope of the 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
shrimp or prawn are also included in
the scope of this order.
Excluded from the scope are: (1)
Breaded shrimp and prawns (HTS
subheading 1605.20.1020); (2) shrimp
and prawns generally classified in the
Pandalidae family and commonly
1 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
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18:00 Apr 11, 2011
Jkt 223001
referred to as coldwater shrimp, in any
state of processing; (3) fresh shrimp and
prawns whether shell-on or peeled (HTS
subheadings 0306.23.0020 and
0306.23.0040); (4) shrimp and prawns in
prepared meals (HTS subheading
1605.20.0510); (5) dried shrimp and
prawns; (6) canned warmwater shrimp
and prawns (HTS subheading
1605.20.1040); (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 the order are
currently classified under the following
HTSUS subheadings: 0306.13.0003,
0306.13.0006, 0306.13.0009,
0306.13.0012, 0306.13.0015,
0306.13.0018, 0306.13.0021,
0306.13.0024, 0306.13.0027,
0306.13.0040, 1605.20.1010 and
1605.20.1030. 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
the 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 CCR 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
Viet I–Mei supporting its claim that Viet
I–Mei is the successor-in-interest to
Grobest & I–Mei, demonstrates changed
circumstances sufficient to warrant such
a review. See 19 CFR 351.216(d); see
also Notice of Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review: Carbon and
Certain Alloy Steel Wire Rod From
PO 00000
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20319
Mexico, 75 FR 67685 (November 3,
2010).
In accordance with the abovereferenced regulation, the Department is
initiating a CCR to determine whether
Viet I–Mei is the successor-in-interest to
Grobest & I–Mei. In determining
whether one company is the successorin-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; 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 Duty Administrative
Review: Polychloroprene Rubber From
Japan, 67 FR 58 (January 2, 2002); see
also Ball Bearings and Parts Thereof
from France: Final Results of ChangedCircumstances Review, 75 FR 34688
(June 18, 2010) (the Department found
successorship where the company
changed its ownership structure, but
made only minor changes to its
operations, management, supplier
relationships, and customer base).
In its February 28, 2011, submission,
Viet I–Mei provided information to
demonstrate that it is the successor-ininterest to Grobest & I–Mei. With respect
to management prior to and following
the name change, the submission
indicates that the Deputy General
Manager of Grobest & I–Mei is now the
General Manager of Viet I–Mei, and
three out of five additional senior
managers have retained their
management positions. Additionally,
Viet I–Mei’s submission shows only
minor changes to the organizational
structure of Viet I–Mei from the
structure of Grobest & I–Mei.
Specifically, the majority of
departments in Viet I–Mei are identical
to the departments in Grobest & I–Mei.
Thus, the majority of Viet I–Mei’s
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Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Notices
managers remain in positions identical
to those they held in Grobest & I–Mei.
See Attachment 3 of Viet I–Mei’s
February 28, 2011, submission.
In addition, the submission indicates
that the production facilities for Viet I–
Mei and Grobest & I–Mei are identical.
Following the name and investment
changes, Viet I–Mei retained the same
address and assets as Grobest & I–Mei.
See Attachments 2 and 4 of Viet I–Mei’s
February 28, 2011, submission.
In its March 18, 2011, submission,
Viet I–Mei identifies Grobest & I–Mei’s
raw materials suppliers and Viet I–Mei’s
raw materials suppliers, showing that
Viet I–Mei’s raw material suppliers are
identical to Grobest & I–Mei’s.
Additionally, Viet I–Mei provides
representative invoice samples from raw
material suppliers to Grobest & I–Mei
and Viet I–Mei. See Attachments 1 and
2 of Viet I–Mei’s March 18, 2011,
submission.
Further, Viet I–Mei addressed changes
to its customer base by providing
customer lists and representative
invoices and packing lists. The lists
show that the customers of Viet I–Mei
were customers of Grobest & I–Mei. See
Attachments 3, 4, and 5 of Viet I–Mei’s
March18, 2011, submission.
Given the few changes noted above,
we have preliminarily determined that
no major changes have occurred with
respect to Viet I–Mei’s management,
production facilities, suppliers, or
customer base as a result of the
dissolution of the partnership of Grobest
& I–Mei.
When it concludes that expedited
action is warranted, the Department
may publish the notice of initiation and
preliminary results for a CCR
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 CCR
is warranted because we have the
information necessary to make a
preliminary finding already on the
record. See Ball Bearings and Parts
Thereof from Japan: Initiation and
Preliminary Results of ChangedCircumstances Review, 71 FR 14679
(March 23, 2006). In this case, we
preliminarily find that Viet I–Mei is the
successor-in-interest to Grobest & I–Mei
and, as such, is entitled to Grobest & I–
Mei’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
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18:00 Apr 11, 2011
Jkt 223001
entries of merchandise produced or
exported by Viet I–Mei the antidumping
duty cash-deposit rate applicable to
Grobest & I–Mei.
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 CCR 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 CCR 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: March 31, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–8733 Filed 4–11–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Renewable Energy and Energy
Efficiency Executive Business
Development Mission
International Trade
Administration.
ACTION: Notice.
AGENCY:
Mission Description
The United States Department of
Commerce, International Trade
Administration, U.S. and Foreign
Commercial Service (CS) is organizing a
Renewable Energy and Energy
Efficiency Trade Mission to Turkey on
October 23–29, 2011. Led by a senior
Department of Commerce official, the
mission will include representatives
PO 00000
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from a variety of U.S. firms specializing
in the following product areas:
• Wind Turbines;
• Geothermal Exploration, Drilling
and Geophysical Engineering Services;
• Geothermal Power Plant
Equipment;
• Biomass Power Generation;
• Hydroelectric Power Plant
Equipment Supply;
• Solar Power Generation Systems;
• Cogeneration Systems;
• Energy Efficiency Systems and
Solutions;
• Fuel Cells, Heat Pumps Exc.
Mission participants will be
introduced to international agents,
distributors, and end-users whose
capabilities and services are targeted to
each participant’s needs. This mission
will contribute to the National Export
Initiative and the Renewable Energy and
Energy Efficiency Export Initiative goals
through increased sales of U.S.
equipment/services in Turkey. The
participants will also have a site visit to
the Izmir Ataturk Organized Industrial
Zone, targeted by the U.S. Department
of Energy for a Near-Zero Zone Project
(NZZ) to promote industrial energy
efficiency and potential U.S. export
opportunities. The U.S. Department of
Energy (DOE), in coordination with
other U.S. agencies, is launching the
Near-Zero Zone project. This
interagency project has the support of
the Turkish government and business
organizations, and will help industrial
companies operating within the Izmir
Ataturk Organized Industrial Zone
(IAOSB) reduce their energy usage
through a series of cost-effective
efficiency upgrades.
One-on-one meetings with NZZ
industrial participants will also be
included, to follow quickly on an energy
efficiency survey to be completed in
September 2011. This mission will be
an important deliverable for our
bilateral Framework for Strategic
Economic and Commercial Cooperation
mechanism, a new process of
engagement with the government of
Turkey on economic and trade issues,
chaired by Secretary Locke and U.S.
Trade Representative, Ron Kirk.
Participants will have an opportunity
to meet with major buyers, and potential
agents and distributors operating in
Ankara, Istanbul, and Izmir, Turkey.
The U.S. and Foreign Commercial
Service is targeting a minimum of 15
and a maximum of 20 U.S. companies.
Commercial Setting
Turkey is a country offering
significant opportunities for foreign
investors and exporters with its
geographically favorable position to
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]]>Agencies
[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Notices]
[Pages 20318-20320]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8733]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Frozen Warmwater Shrimp From the Socialist Republic of Vietnam:
Initiation and Preliminary Results of Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a petition for a changed circumstances review
(``CCR'') of Grobest & I-Mei Industrial (Vietnam) Co., Ltd. (``Grobest
& I-Mei''), the Department of Commerce (the ``Department'') is
initiating a CCR of the antidumping duty order on frozen warmwater
shrimp from the Socialist Republic of Vietnam (``Vietnam''). We have
preliminarily concluded that Viet I-Mei Frozen Foods Co., Ltd. (``Viet
I-Mei'') is the successor-in-interest to Grobest & I-Mei, and, as a
result, should be accorded the same treatment previously accorded to
Grobest & I-Mei, 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: April 12, 2011.
FOR FURTHER INFORMATION CONTACT: Toni Dach at (202) 482-1655, 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
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''). Grobest & I-Mei participated in a new shipper review;
the second, third, fourth, and fifth administrative reviews of the VN
Shrimp Order; and requested an administrative review for the sixth
[[Page 20319]]
administrative review of the VN Shrimp Order. On February 28, 2011,
Viet I-Mei informed the Department that Grobest & I-Mei had ended their
partnership, and petitioned the Department to conduct a CCR to confirm
that Viet I-Mei is the successor-in-interest to Grobest & I-Mei, for
purposes of determining antidumping duties due as a result of the VN
Shrimp Order.
Scope of the Order
The scope of the 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 (HTS
subheading 1605.20.1020); (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 0306.23.0020 and 0306.23.0040); (4) shrimp
and prawns in prepared meals (HTS subheading 1605.20.0510); (5) dried
shrimp and prawns; (6) canned warmwater shrimp and prawns (HTS
subheading 1605.20.1040); (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 the order are currently classified under
the following HTSUS subheadings: 0306.13.0003, 0306.13.0006,
0306.13.0009, 0306.13.0012, 0306.13.0015, 0306.13.0018, 0306.13.0021,
0306.13.0024, 0306.13.0027, 0306.13.0040, 1605.20.1010 and
1605.20.1030. 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 the 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 CCR
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 Viet I-Mei supporting its claim that Viet I-
Mei is the successor-in-interest to Grobest & I-Mei, demonstrates
changed circumstances sufficient to warrant such a review. See 19 CFR
351.216(d); see also Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Carbon and Certain Alloy
Steel Wire Rod From Mexico, 75 FR 67685 (November 3, 2010).
In accordance with the above-referenced regulation, the Department
is initiating a CCR to determine whether Viet I-Mei is the successor-
in-interest to Grobest & I-Mei. 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; 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 Duty Administrative Review:
Polychloroprene Rubber From Japan, 67 FR 58 (January 2, 2002); see also
Ball Bearings and Parts Thereof from France: Final Results of Changed-
Circumstances Review, 75 FR 34688 (June 18, 2010) (the Department found
successorship where the company changed its ownership structure, but
made only minor changes to its operations, management, supplier
relationships, and customer base).
In its February 28, 2011, submission, Viet I-Mei provided
information to demonstrate that it is the successor-in-interest to
Grobest & I-Mei. With respect to management prior to and following the
name change, the submission indicates that the Deputy General Manager
of Grobest & I-Mei is now the General Manager of Viet I-Mei, and three
out of five additional senior managers have retained their management
positions. Additionally, Viet I-Mei's submission shows only minor
changes to the organizational structure of Viet I-Mei from the
structure of Grobest & I-Mei. Specifically, the majority of departments
in Viet I-Mei are identical to the departments in Grobest & I-Mei.
Thus, the majority of Viet I-Mei's
[[Page 20320]]
managers remain in positions identical to those they held in Grobest &
I-Mei. See Attachment 3 of Viet I-Mei's February 28, 2011, submission.
In addition, the submission indicates that the production
facilities for Viet I-Mei and Grobest & I-Mei are identical. Following
the name and investment changes, Viet I-Mei retained the same address
and assets as Grobest & I-Mei. See Attachments 2 and 4 of Viet I-Mei's
February 28, 2011, submission.
In its March 18, 2011, submission, Viet I-Mei identifies Grobest &
I-Mei's raw materials suppliers and Viet I-Mei's raw materials
suppliers, showing that Viet I-Mei's raw material suppliers are
identical to Grobest & I-Mei's. Additionally, Viet I-Mei provides
representative invoice samples from raw material suppliers to Grobest &
I-Mei and Viet I-Mei. See Attachments 1 and 2 of Viet I-Mei's March 18,
2011, submission.
Further, Viet I-Mei addressed changes to its customer base by
providing customer lists and representative invoices and packing lists.
The lists show that the customers of Viet I-Mei were customers of
Grobest & I-Mei. See Attachments 3, 4, and 5 of Viet I-Mei's March18,
2011, submission.
Given the few changes noted above, we have preliminarily determined
that no major changes have occurred with respect to Viet I-Mei's
management, production facilities, suppliers, or customer base as a
result of the dissolution of the partnership of Grobest & I-Mei.
When it concludes that expedited action is warranted, the
Department may publish the notice of initiation and preliminary results
for a CCR 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 CCR is
warranted because we have the information necessary to make a
preliminary finding already on the record. See Ball Bearings and Parts
Thereof from Japan: Initiation and Preliminary Results of Changed-
Circumstances Review, 71 FR 14679 (March 23, 2006). In this case, we
preliminarily find that Viet I-Mei is the successor-in-interest to
Grobest & I-Mei and, as such, is entitled to Grobest & I-Mei'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 Viet I-Mei the antidumping duty
cash-deposit rate applicable to Grobest & I-Mei.
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 CCR 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 CCR 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: March 31, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-8733 Filed 4-11-11; 8:45 am]
BILLING CODE 3510-DS-P
