Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp From India, 64953-64955 [2012-26217]
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Federal Register / Vol. 77, No. 206 / Wednesday, October 24, 2012 / Notices
Dated: October 19, 2012.
Glenna Mickelson,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2012–26186 Filed 10–23–12; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–75–2012]
wreier-aviles on DSK5TPTVN1PROD with
Foreign-Trade Zone 35—Philadelphia,
PA; Application for Reorganization and
Expansion Under Alternative Site
Framework
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board
(the Board) by the Philadelphia Regional
Port Authority, grantee of FTZ 35,
requesting authority to reorganize the
zone under the alternative site
framework (ASF) adopted by the Board
(15 CFR Sec. 400.2(c)). The ASF is an
option for grantees for the establishment
or reorganization of zones and can
permit significantly greater flexibility in
the designation of new subzones or
‘‘usage-driven’’ FTZ sites for operators/
users located within a grantee’s ‘‘service
area’’ in the context of the Board’s
standard 2,000-acre activation limit for
a zone. The application was submitted
pursuant to the Foreign-Trade Zones
Act, as amended (19 U.S.C. 81a–81u),
and the regulations of the Board (15 CFR
part 400). It was formally filed on
October 19, 2012.
FTZ 35 was approved by the Board on
March 24, 1978 (Board Order 128, 43 FR
l453l, 4/8/1978) and expanded on
August 21, 1980 (Board Order 162, 45
FR 58388, 9/3/1980), December 29, 1993
(Board Order 678, 59 FR 1372, 1/10/
1994), September 25, 2001 (Board Order
1189, 66 FR 52742, 10/17/2001), and
June 27, 2002 (Board Order 1236, 67 FR
45456, 7/9/2002).
The current zone includes the
following sites: Site 1 (2.4 acres)—2994–
2996 Samuel Drive, Bensalem, Bucks
County; Site 2 (90 acres)—Pier 98 South
Annex, Columbus Blvd. at Oregon Ave.,
Philadelphia, Philadelphia County; Site
3 (3 acres)—Pier 38 and Pier 40, 1
Brown Street, Philadelphia,
Philadelphia County; Site 4 (35 acres)—
Penn Terminals Complex, 1 Saville
Avenue, Eddystone, Delaware County;
Site 6 (38 acres)—Publicker Site, 2937
Christopher Columbus Blvd.,
Philadelphia, Philadelphia County; Site
7 (2 acres)—American Foodservice
Corporation, 400 Drew Court, King of
Prussia, Montgomery County; Site 8 (35
acres)—Philadelphia International
Airport, Philadelphia, Philadelphia
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County; Site 10 (4.8 acres)—
Philadelphia Naval Complex, Building
694, 1701 Langley Avenue,
Philadelphia, Philadelphia County; Site
11 (37.52 acres)—Urban Outfitters, Inc.,
755 Brackbill Road, Gap, Lancaster
County (approved on a temporary basis
until 12/31/2012); and, Site 12 (80
acres)—Kinder Morgan Bulk Terminals,
Inc., 1 Sinter Road, Fairless Hills, Bucks
County (approved on a temporary basis
until 11/30/2013).
The grantee’s proposed service area
under the ASF would be Philadelphia,
Delaware, Bucks, Montgomery, Chester,
Lancaster and Berks Counties, as
described in the application. If
approved, the grantee would be able to
serve sites throughout the service area
based on companies’ needs for FTZ
designation. The proposed service area
is within and adjacent to the
Philadelphia Customs and Border
Protection port of entry.
The applicant is requesting authority
to reorganize its existing zone project to
include existing Sites 1–6, 10 and 12 as
‘‘magnet’’ sites and existing Sites 7, 8
and 11 as usage-driven sites. The
applicant is also requesting approval of
the following usage-driven sites:
Proposed Site 13 (2.462 acres)—
Delaware River Stevedores, Inc., 3451
North Delaware Ave., Philadelphia,
Philadelphia County; Proposed Site 14
(10.12 acres)—David’s Bridal, Inc., 44
North Lane, Conshohocken,
Montgomery County; and, Proposed Site
15 (26.5 acres)—David’s Bridal, Inc., 100
Crossing Drive, Suite B, Bristol, Bucks
County. The application would have no
impact on FTZ 35’s previously
authorized subzones.
In accordance with the Board’s
regulations, Elizabeth Whiteman of the
FTZ Staff is designated examiner to
evaluate and analyze the facts and
information presented in the application
and case record and to report findings
and recommendations to the Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is
December 24, 2012. Rebuttal comments
in response to material submitted
during the foregoing period may be
submitted during the subsequent 15-day
period to January 7, 2013.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
Web site, which is accessible via
PO 00000
Frm 00004
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64953
www.trade.gov/ftz. For further
information, contact Elizabeth
Whiteman at
Elizabeth.Whiteman@trade.gov or (202)
482–0473.
Dated: October 9, 2012.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2012–26216 Filed 10–23–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–840]
Notice of Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review: Certain Frozen
Warmwater Shrimp From India
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Apex Frozen Foods Private
Limited (Apex Frozen) has requested a
changed circumstances review of the
antidumping duty order on certain
frozen warmwater shrimp from India
pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.216(b). The Department
of Commerce (the Department) is
initiating this changed circumstances
review and issuing this notice of
preliminary results pursuant to 19 CFR
351.221(c)(3)(ii). We have preliminarily
determined that Apex Frozen is the
successor-in-interest to Apex Exports
(Apex).
AGENCY:
DATES:
Effective Date: October 24, 2012.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood or David Crespo,
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) 482–3874 or (202) 482–
3693, respectively.
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.1
On September 6, 2012, Apex Frozen
informed the Department that on April
1, 2012, Apex legally converted from a
partnership firm to a limited liability
(i.e., private limited) company and
1 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).
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64954
Federal Register / Vol. 77, No. 206 / Wednesday, October 24, 2012 / Notices
wreier-aviles on DSK5TPTVN1PROD with
changed its name to Apex Frozen. Apex
Frozen provided supporting
documentation. Additionally, Apex
Frozen requested that the Department
conduct an expedited changed
circumstances review under 19 CFR
351.221(c)(3)(ii) to confirm that it is the
successor-in-interest to Apex for
purposes of determining antidumping
duty cash deposits and liabilities.
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
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
2 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
VerDate Mar<15>2010
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Jkt 229001
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 battered
shrimp. Battered shrimp is a shrimpbased 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. When dusted in
accordance with the definition of
dusting above, the battered shrimp
product is also 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:
0306.17.00.03, 0306.17.00.06,
0306.17.00.09, 0306.17.00.12,
0306.17.00.15, 0306.17.00.18,
0306.17.00.21, 0306.17.00.24,
0306.17.00.27, 0306.17.00.40,
1605.21.10.30, and 1605.29.10.10. 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 and Preliminary Results
Pursuant to section 751(b)(1) of 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. As indicated in the ‘‘Background’’
section, we have received information
indicating that Apex was incorporated
as a private limited company and
changed its name to Apex Frozen,
effective April 1, 2012. This constitutes
changed circumstances warranting a
review of the order. See CFR 19
351.216(d). Therefore, in accordance
with section 751(b)(1) of the Act, we are
initiating a changed circumstances
review based upon the information
contained in Apex’s submission.
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Sfmt 4703
Section 351.221(c)(3)(ii) of the
Department’s regulations permits the
Department to combine the notice of
initiation of a changed circumstances
review and the notice of preliminary
results if the Department concludes that
expedited action is warranted. In this
instance, because we have on the record
the information necessary to make a
preliminary finding, we find that
expedited action is warranted and have
combined the notice of initiation and
the notice of preliminary results.
In making a successor-in-interest
determination, the Department
examines several factors including, but
not limited to, changes in: (1)
Management; (2) production facilities;
(3) supplier relationships; and (4)
customer base.3 While no single factor
or combination of these 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., Brake
Rotors. 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 former company, the Department
will accord the new company the same
antidumping treatment as its
predecessor.
In its submission, Apex Frozen has
provided sufficient evidence to warrant
an expedited review to determine if it is
the successor-in-interest to Apex. Apex
Frozen states that its company’s
management, production facilities and
customer/supplier relationships have
not changed as a result of the
conversion process. To support its
claims, Apex Frozen submitted the
following documents: (1) The original
Apex partnership deed, dated October,
24, 1995; (2) the new Apex partnership
deed, dated January 1, 2012; (3) the
chart showing the particulars of Apex’s
capital and Apex Frozen’s shareholding
ownership; (4) the newspaper article
notifying the public of Apex’s intent to
convert to a company; (5) the Certificate
3 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); and 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).
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wreier-aviles on DSK5TPTVN1PROD with
Federal Register / Vol. 77, No. 206 / Wednesday, October 24, 2012 / Notices
of Incorporation for Apex Frozen; (6) the
affidavits related to company
conversion; (7) the Notice of
Extraordinary General Meeting for
Apex; (8) the Articles of Association of
Apex Frozen; (9) the online printout
from the Ministry of Corporate Affairs
showing the approved name change;
(10) the Certificate of Registration of
Processing Plants for Apex, as issued by
the Marine Products Export
Development Authority of India
(MPEDA); (11) the Certificate of
Registration of Storage Premises for
Apex, as issued by MPEDA; (12) the
Certificate of Importer Exporter Code for
Apex Frozen; (13) the Certificate of
Importer Exporter Code for Apex; (14) a
list of the company’s main suppliers
before/after the name change; and (15)
a list of the company’s main customers
before/after the name change.
Based on the evidence reviewed, we
preliminarily find that Apex Frozen is
the successor-in-interest to Apex
because Apex’s conversion from a
partnership firm to a limited liability
company resulted in no significant
changes to management, production
facilities, supplier relationships, and
customers. As a result, we preliminarily
find that Apex Frozen operates as the
same business entity as Apex. Thus, we
preliminarily find that Apex Frozen
should receive the same antidumping
duty cash-deposit rate (i.e., 2.51
percent) with respect to the subject
merchandise as Apex, its predecessor
company. For further details of our
analysis, see the October 17, 2012,
Memorandum from David Crespo,
Analyst, Office 2, to James Maeder,
Director, Office 2, entitled, ‘‘Changed
Circumstances Review of the
Antidumping Duty Order on Certain
Frozen Warmwater Shrimp from India:
Successor-In-Interest Determination for
Apex Exports and Apex Frozen Foods
Private Limited.’’
However, because cash deposits are
only estimates of the amount of
antidumping duties that will be due,
changes in cash deposit rates are not
made retroactive and therefore no
change will be made to Apex Frozen’s
cash deposit rate as a result of these
preliminary results. If Apex Frozen
believes that the deposits paid exceed
the actual amount of dumping, it is
entitled to request an administrative
review during the anniversary month of
the publication of the order of those
entries to determine the proper
assessment rate and receive a refund of
any excess deposits. See Certain HotRolled Lead and Bismuth Carbon Steel
Products From the United Kingdom:
Final Results of Changed-Circumstances
Antidumping and Countervailing Duty
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14:21 Oct 23, 2012
Jkt 229001
Administrative Reviews, 64 FR 66880
(Nov. 30, 1999). As a result, if these
preliminary results are adopted in our
final results of this changed
circumstances review, we will instruct
U.S. Customs and Border Protection to
suspend shipments of subject
merchandise made by Apex Frozen at
Apex’s cash deposit rate (i.e., 2.51
percent) effective on the publication
date of our final results.
Public Comment
Any interested party may request a
hearing within 30 days of publication of
this notice. See 19 CFR 351.310(c). A
hearing, if requested, will be held 44
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 not
later than 30 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
37 days after the date of publication of
this notice. Parties who submit
arguments are requested to submit with
the argument: (1) A statement of the
issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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 if all parties agree to our
preliminary finding. We are issuing and
publishing this finding and notice in
accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216.
Dated: October 17, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–26217 Filed 10–23–12; 8:45 am]
BILLING CODE 3510–DS–P
64955
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–3870 and (202) 482–1398,
respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On September 27, 2012, the
Department of Commerce (Department)
received a countervailing duty (CVD)
petition concerning imports of
hardwood and decorative plywood from
the People’s Republic of China (PRC) 1
filed in proper form by the Coalition for
Fair Trade of Hardwood Plywood and
its individual members (Petitioners).2
On October 3, 2012, the Department
issued requests to Petitioners for
additional information and for
clarification of certain areas of the CVD
Petition. Petitioners informed the
Department on October 10, 2012, that
they would not provide any additional
information regarding the matter raised
by the Department.
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(Act), Petitioners allege that producers/
exporters of hardwood and decorative
plywood from the PRC received
countervailable subsidies within the
meaning of sections 701 and 771(5) of
the Act, and that imports from these
producers/exporters materially injure,
or threaten material injury to, an
industry in the United States.
The Department finds that Petitioners
filed the Petition on behalf of the
domestic industry because Petitioners
are interested parties, as defined in
section 771(9)(C) of the Act, and have
demonstrated sufficient industry
support with respect to the investigation
that it requests the Department to
initiate.3
Period of Investigation
The period of investigation is January
1, 2011, through December 31, 2011.
DEPARTMENT OF COMMERCE
Scope of Investigation
International Trade Administration
The products covered by this
investigation are hardwood and
decorative plywood from the PRC. For
a full description of the scope of the
investigation, please see the ‘‘Scope of
[C–570–987]
Hardwood and Decorative Plywood
From the People’s Republic of China:
Initiation of Countervailing Duty
Investigation
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 24, 2012.
FOR FURTHER INFORMATION CONTACT:
David Lindgren and Toni Page, AD/CVD
Operations, Import Administration,
AGENCY:
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1 See Petition for the Imposition of Antidumping
and Countervailing Duties: Hardwood Plywood
from the People’s Republic of China, dated
September 27, 2012 (Petition).
2 The members of the Coalition for Fair Trade of
Hardwood Plywood are: Columbia Forest Products,
Commonwealth Plywood Inc., Murphy Plywood,
Roseburg Forest Products Co., States Industries Inc.,
and Timber Products Company.
3 See ‘‘Determination of Industry Support for the
Petition’’ below.
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]]>Agencies
[Federal Register Volume 77, Number 206 (Wednesday, October 24, 2012)]
[Notices]
[Pages 64953-64955]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26217]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-840]
Notice of Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review: Certain Frozen Warmwater Shrimp From
India
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Apex Frozen Foods Private Limited (Apex Frozen) has requested
a changed circumstances review of the antidumping duty order on certain
frozen warmwater shrimp from India pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.216(b). The
Department of Commerce (the Department) is initiating this changed
circumstances review and issuing this notice of preliminary results
pursuant to 19 CFR 351.221(c)(3)(ii). We have preliminarily determined
that Apex Frozen is the successor-in-interest to Apex Exports (Apex).
DATES: Effective Date: October 24, 2012.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or David Crespo,
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) 482-3874
or (202) 482-3693, respectively.
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.\1\
---------------------------------------------------------------------------
\1\ 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).
---------------------------------------------------------------------------
On September 6, 2012, Apex Frozen informed the Department that on
April 1, 2012, Apex legally converted from a partnership firm to a
limited liability (i.e., private limited) company and
[[Page 64954]]
changed its name to Apex Frozen. Apex Frozen provided supporting
documentation. Additionally, Apex Frozen requested that the Department
conduct an expedited changed circumstances review under 19 CFR
351.221(c)(3)(ii) to confirm that it is the successor-in-interest to
Apex for purposes of determining antidumping duty cash deposits and
liabilities.
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 (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 battered shrimp. Battered
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. When dusted in accordance with the definition of dusting
above, the battered shrimp product is also 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: 0306.17.00.03, 0306.17.00.06,
0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18,
0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40,
1605.21.10.30, and 1605.29.10.10. 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 and Preliminary Results
Pursuant to section 751(b)(1) of 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. As indicated in the ``Background''
section, we have received information indicating that Apex was
incorporated as a private limited company and changed its name to Apex
Frozen, effective April 1, 2012. This constitutes changed circumstances
warranting a review of the order. See CFR 19 351.216(d). Therefore, in
accordance with section 751(b)(1) of the Act, we are initiating a
changed circumstances review based upon the information contained in
Apex's submission.
Section 351.221(c)(3)(ii) of the Department's regulations permits
the Department to combine the notice of initiation of a changed
circumstances review and the notice of preliminary results if the
Department concludes that expedited action is warranted. In this
instance, because we have on the record the information necessary to
make a preliminary finding, we find that expedited action is warranted
and have combined the notice of initiation and the notice of
preliminary results.
In making a successor-in-interest determination, the Department
examines several factors including, but not limited to, changes in: (1)
Management; (2) production facilities; (3) supplier relationships; and
(4) customer base.\3\ While no single factor or combination of these
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., Brake Rotors. 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 former company, the Department will accord the new
company the same antidumping treatment as its predecessor.
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\3\ 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); and 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).
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In its submission, Apex Frozen has provided sufficient evidence to
warrant an expedited review to determine if it is the successor-in-
interest to Apex. Apex Frozen states that its company's management,
production facilities and customer/supplier relationships have not
changed as a result of the conversion process. To support its claims,
Apex Frozen submitted the following documents: (1) The original Apex
partnership deed, dated October, 24, 1995; (2) the new Apex partnership
deed, dated January 1, 2012; (3) the chart showing the particulars of
Apex's capital and Apex Frozen's shareholding ownership; (4) the
newspaper article notifying the public of Apex's intent to convert to a
company; (5) the Certificate
[[Page 64955]]
of Incorporation for Apex Frozen; (6) the affidavits related to company
conversion; (7) the Notice of Extraordinary General Meeting for Apex;
(8) the Articles of Association of Apex Frozen; (9) the online printout
from the Ministry of Corporate Affairs showing the approved name
change; (10) the Certificate of Registration of Processing Plants for
Apex, as issued by the Marine Products Export Development Authority of
India (MPEDA); (11) the Certificate of Registration of Storage Premises
for Apex, as issued by MPEDA; (12) the Certificate of Importer Exporter
Code for Apex Frozen; (13) the Certificate of Importer Exporter Code
for Apex; (14) a list of the company's main suppliers before/after the
name change; and (15) a list of the company's main customers before/
after the name change.
Based on the evidence reviewed, we preliminarily find that Apex
Frozen is the successor-in-interest to Apex because Apex's conversion
from a partnership firm to a limited liability company resulted in no
significant changes to management, production facilities, supplier
relationships, and customers. As a result, we preliminarily find that
Apex Frozen operates as the same business entity as Apex. Thus, we
preliminarily find that Apex Frozen should receive the same antidumping
duty cash-deposit rate (i.e., 2.51 percent) with respect to the subject
merchandise as Apex, its predecessor company. For further details of
our analysis, see the October 17, 2012, Memorandum from David Crespo,
Analyst, Office 2, to James Maeder, Director, Office 2, entitled,
``Changed Circumstances Review of the Antidumping Duty Order on Certain
Frozen Warmwater Shrimp from India: Successor-In-Interest Determination
for Apex Exports and Apex Frozen Foods Private Limited.''
However, because cash deposits are only estimates of the amount of
antidumping duties that will be due, changes in cash deposit rates are
not made retroactive and therefore no change will be made to Apex
Frozen's cash deposit rate as a result of these preliminary results. If
Apex Frozen believes that the deposits paid exceed the actual amount of
dumping, it is entitled to request an administrative review during the
anniversary month of the publication of the order of those entries to
determine the proper assessment rate and receive a refund of any excess
deposits. See Certain Hot-Rolled Lead and Bismuth Carbon Steel Products
From the United Kingdom: Final Results of Changed-Circumstances
Antidumping and Countervailing Duty Administrative Reviews, 64 FR 66880
(Nov. 30, 1999). As a result, if these preliminary results are adopted
in our final results of this changed circumstances review, we will
instruct U.S. Customs and Border Protection to suspend shipments of
subject merchandise made by Apex Frozen at Apex's cash deposit rate
(i.e., 2.51 percent) effective on the publication date of our final
results.
Public Comment
Any interested party may request a hearing within 30 days of
publication of this notice. See 19 CFR 351.310(c). A hearing, if
requested, will be held 44 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 not later than 30 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 37 days after the date
of publication of this notice. Parties who submit arguments are
requested to submit with the argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.
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 if all
parties agree to our preliminary finding. We are issuing and publishing
this finding and notice in accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216.
Dated: October 17, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-26217 Filed 10-23-12; 8:45 am]
BILLING CODE 3510-DS-P
