Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp From India, 64953-64955 [2012-26217]

Download as PDF 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 VerDate Mar<15>2010 14:21 Oct 23, 2012 Jkt 229001 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 Fmt 4703 Sfmt 4703 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). E:\FR\FM\24OCN1.SGM 24OCN1 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 14:21 Oct 23, 2012 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. PO 00000 Frm 00005 Fmt 4703 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). E:\FR\FM\24OCN1.SGM 24OCN1 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 VerDate Mar<15>2010 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: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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. E:\FR\FM\24OCN1.SGM 24OCN1

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]


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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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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