Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Initiation and Preliminary Results of Changed Circumstances Review, 1824-1826 [2014-00194]
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1824
Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Notices
establishing the precise time a violation
may occur does not preclude a finding
that a violation is imminent, so long as
there is sufficient reason to believe the
likelihood of a violation.’’ Id.
In its request, BIS has presented
evidence that, in December 2013, two
U.S.-origin General Electric CF6 aircraft
engines 2 bearing manufacturer’s serial
numbers (‘‘MSN’’) 695244 and 705112
were transported on behalf of Adaero
International Trade, LLC to 3K Aviation
Consulting & Logistics (‘‘3K Aviation’’),
which is located in Turkey.
Additionally, BIS has been notified that
3K Aviation is preparing to immediately
re-export the engines to Iran without the
U.S. Government authorization required
by Section 746.7 of the EAR. BIS was
further notified that Pouya Airline, an
Iranian cargo airline, is scheduled to
transport both engines from Turkey to
Iran on January 7, 2014.
I find that the evidence presented by
BIS demonstrates that a violation of the
Regulations is imminent in both time
and degree of likelihood. As such, a
TDO is needed to give notice to persons
and companies in the United States and
abroad that they should cease dealing
with the Respondents in export
transactions involving items subject to
the EAR. Such a TDO is consistent with
the public interest to preclude future
violations of the EAR.
Accordingly, I find that a TDO
naming 3K Aviation Consulting &
Logistics, Huseyin Engin Borluca,
Adaero International Trade, Recep
Sadettin Ilgin, and Pouya Airline is
necessary, in the public interest, to
prevent an imminent violation of the
EAR.
This Order is being issued on an ex
parte basis without a hearing based
upon BIS’s showing of an imminent
violation in accordance with Section
766.24 of the Regulations.
It is therefore ordered:
First, that 3K AVIATION
CONSULTING & LOGISTICS, A/K/A 3K
HAVACILIK VE DANISMANLIK SAN.
TIC. LTD. ST., Biniciler Apt. Savas Cad.
No. 18/5, Sirinyali Mah. 07160, Antalya,
Turkey, and Sonmez Apt. No. 4/5 1523
Sokak, Sirinyali Mah. 07160, Antalya,
Turkey; HUSEYIN ENGIN BORLUCA,
Biniciler Apt. Savas Cad. No. 18/5,
Sirinyali Mah. 07160, Antalya, Turkey,
and Sonmez Apt. No. 4/5 1523 Sokak,
Sirinyali Mah. 07160, Antalya, Turkey;
ADAERO INTERNATIONAL TRADE,
LLC, 2326 17th Avenue, Rockford, IL
61104, and IDTM B1 Blok, KAT 14 No.
2 The engines are items subject to the Regulations,
classified under Export Control Classification
Number 9A991.d, and controlled for anti-terrorism
reasons.
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16:40 Jan 09, 2014
Jkt 232001
439, Ysilkoy, Istanbul, Turkey; RECEP
SADETTIN ILGIN, 2326 17th Avenue,
Rockford, IL 61104, and IDTM B1 Blok,
KAT 14 No. 439, Ysilkoy, Istanbul,
Turkey; and POUYA AIRLINE, a/k/a
POUYA AIR, Mehrebad Airport, Tehran,
Iran; and when acting for or on their
behalf, any successors or assigns, agents,
or employees (each a ‘‘Denied Person’’
and collectively the ‘‘Denied Persons’’)
may not, directly or indirectly,
participate in any way in any
transaction involving any commodity,
software or technology (hereinafter
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the
Export Administration Regulations
(‘‘EAR’’), or in any other activity subject
to the EAR including, but not limited to:
A. Applying for, obtaining, or using
any license, License Exception, or
export control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the EAR, or in any other
activity subject to the EAR; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the EAR, or in any
other activity subject to the EAR.
Second, that no person may, directly
or indirectly, do any of the following:
A. Export or reexport to or on behalf
of a Denied Person any item subject to
the EAR;
B. Take any action that facilitates the
acquisition or attempted acquisition by
a Denied Person of the ownership,
possession, or control of any item
subject to the EAR that has been or will
be exported from the United States,
including financing or other support
activities related to a transaction
whereby a Denied Person acquires or
attempts to acquire such ownership,
possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from a Denied Person of any
item subject to the EAR that has been
exported from the United States;
D. Obtain from a Denied Person in the
United States any item subject to the
EAR with knowledge or reason to know
that the item will be, or is intended to
be, exported from the United States; or
E. Engage in any transaction to service
any item subject to the EAR that has
been or will be exported from the
United States and which is owned,
possessed or controlled by a Denied
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Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by a Denied Person if such
service involves the use of any item
subject to the EAR that has been or will
be exported from the United States. For
purposes of this paragraph, servicing
means installation, maintenance, repair,
modification or testing.
Third, that, after notice and
opportunity for comment as provided in
section 766.23 of the EAR, any other
person, firm, corporation, or business
organization related to a Denied Person
by affiliation, ownership, control, or
position of responsibility in the conduct
of trade or related services may also be
made subject to the provisions of this
Order.
In accordance with the provisions of
Section 766.24(e) of the EAR, the
Respondents may, at any time, appeal
this Order by filing a full written
statement in support of the appeal with
the Office of the Administrative Law
Judge, U.S. Coast Guard ALJ Docketing
Center, 40 South Gay Street, Baltimore,
Maryland 21202–4022.
In accordance with the provisions of
Section 766.24(d) of the EAR, BIS may
seek renewal of this Order by filing a
written request not later than 20 days
before the expiration date. The
Respondents may oppose a request to
renew this Order by filing a written
submission with the Assistant Secretary
for Export Enforcement, which must be
received not later than seven days
before the expiration date of the Order.
A copy of this Order shall be served
on the Respondents and shall be
published in the Federal Register.
This Order is effective upon issuance
and shall remain in effect for 180 days.
Dated: January 3, 2014.
David W. Mills,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2014–00229 Filed 1–9–14; 8:45 a.m.]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Initiation and Preliminary
Results of Changed Circumstances
Review
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request for a
changed circumstances review (‘‘CCR’’)
AGENCY:
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Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Notices
of Gallant Ocean (Vietnam) Co., Ltd.
(‘‘Gallant Ocean’’) and its subsidiary,
Gallant Ocean (Quang Ngai), Co. Ltd.
(‘‘Quang Ngai’’), the Department of
Commerce (‘‘Department’’) is initiating a
CCR of the antidumping duty order on
certain frozen warmwater shrimp from
the Socialist Republic of Vietnam
(‘‘Vietnam’’). We have preliminarily
determined that Gallant Dachan Seafood
Co., Ltd. (‘‘Dachan’’) is the successor-ininterest to Quang Ngai, and, as a result,
should be accorded the same treatment
previously accorded to Quang Ngai.
Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: January 10, 2014.
FOR FURTHER INFORMATION CONTACT:
Ricardo Martinez Rivera or Bob Palmer,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: at
(202) 482–4532 or (202) 482–9068,
respectively.
SUPPLEMENTARY INFORMATION:
that it had reduced ownership in Quang
Ngai and changed its name, and
petitioned the Department to conduct a
CCR to confirm that Dachan is the
successor-in-interest to Quang Ngai, for
purposes of determining antidumping
duties due as a result of the Order.5
Scope of the Order
The merchandise subject to the order
is certain frozen warmwater shrimp.
The product is currently classified
under the following Harmonized Tariff
Schedule of the United States item
numbers: 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. The
written description of the scope of the
order is dispositive. A full description
of the scope of the order is available in
the accompanying Issues and Decision
Memorandum.6
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Initiation and Preliminary Results of
Changed Circumstances Review
Pursuant to section 751(b)(1) of the
Background
Tariff Act of 1930, as amended (‘‘the
The Department published the
Act’’), and 19 CFR 351.216, the
antidumping duty order on certain
Department will conduct a CCR upon a
frozen warmwater shrimp from Vietnam request from an interested party for a
on February 1, 2005.1 In the fourth
review of an antidumping duty order
administrative review, we granted
which shows changed circumstances
Gallant Ocean a separate rate.2 In the
sufficient to warrant a review of the
sixth administrative review (i.e.,
order. The information submitted by
February 1, 2010, through January 31,
Gallant Ocean supporting its claim that
2011), Gallant Ocean acquired Quang
Dachan is the successor-in-interest to
Ngai, and in that review and in the
Quang Ngai, demonstrates changed
seventh administrative review, we
circumstances sufficient to warrant such
assigned Quang Ngai a separate rate (i.e., a review.7
zero percent).3 On October 31, 2013,4
In accordance with the aboveGallant Ocean informed the Department referenced regulation, the Department is
initiating a CCR to determine whether
1 See Notice of Amended Final Determination of
Dachan is the successor-in-interest
Sales at Less Than Fair Value and Antidumping
Quang Ngai. In determining whether
Duty Order: Certain Frozen Warmwater Shrimp
From the Socialist Republic of Vietnam, 70 FR 5152 one company is the successor-in-interest
(February 1, 2005) (‘‘Order’’).
to another, the Department examines a
2 See Certain Frozen Warmwater Shrimp from the
number of factors including, but not
Socialist Republic of Vietnam: Final Results and
limited to, changes in management,
Partial Rescission of Antidumping Duty
production facilities, supplier
Administrative Review, 75 FR 47771 (August 9,
relationships, and customer base.8
2010).
3 See Certain Frozen Warmwater Shrimp From the
Although no single factor will
Socialist Republic of Vietnam: Final Results and
necessarily provide a dispositive
Final Partial Rescission of Antidumping Duty
Administrative Review, 77 FR 55800, 55802
(September 11, 2012), unchanged in Frozen
Warmwater Shrimp From the Socialist Republic of
Vietnam: Amended Final Results and Partial Final
Rescission of Antidumping Duty Administrative
Review, 77 FR 64102, 64103 (October 18, 2012); see
also Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Final Results and
Final Partial Rescission of Antidumping Duty
Administrative Review, 78 FR 56211–14 (September
12, 2013).
4 This changed circumstances review was
originally filed on September 30, 2013, within the
seventh administrative review for frozen shrimp
from Vietnam. Pursuant to instructions from the
Department, Gallant Ocean re-filed this changed
circumstances review on October 31, 2013.
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5 See Letter from Gallant Ocean, dated October
31, 2013, at 3.
6 For a full description of the scope of the Order,
see Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Issues and Decision
Memorandum for the Final Results, (‘‘Issues and
Decision Memorandum’’) dated September 6, 2013.
7 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).
8 See Industrial Phosphoric Acid From Israel;
Final Results of Antidumping Duty Changed
Circumstances Review, 59 FR 6944 (February 14,
1994).
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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.9 Thus,
if the evidence demonstrates that with
respect to the production and sale of the
subject merchandise, the new company
operates as the same business entity as
the prior company, the Department will
assign the new company the cashdeposit rate of its predecessor.10
In its October 31, 2013, submission,
Gallant Ocean provided information to
demonstrate that Dachan is the
successor-in-interest to Quang Ngai.
Specifically, the record in this review
indicates: (1) That, except for the
financial manager, management which
operated Dachan is the same which
operated Quang Ngai; 11 (2) Dachan
retained the same physical address and
equipment as Quang Ngai and that
production continued uninterrupted; 12
(3) that Dachan continued to purchase
raw shrimp and packing materials from
the same suppliers; 13 (4) that Dachan
continued to supply the same U.S.
customer base.14 Under these
circumstances, the Department
preliminarily finds that Dachan operates
as the same business entity as Quang
Ngai. Given the continuity described
above, we have preliminarily
determined that no material change has
occurred with respect to Quang Ngai’s
management, production facilities,
suppliers, or customer base as a result
of the name change to Dachan.
When it concludes that expedited
action is warranted, the Department
may publish the notice of initiation and
preliminary results for a CCR
concurrently.15 We have determined
that expedition of this CCR is warranted
because we have the information
necessary to make a preliminary finding
9 See Brass Sheet and Strip From Canada; Final
Results of Antidumping Duty Administrative
Review, 57 FR 20460 (May 13, 1992).
10 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).
11 See Letter from Gallant Ocean, dated October
31, 2013, at 4 and Exhibit 4.
12 See id., at 5, and Exhibits 1 and 2.
13 See id., at 5, and Exhibit 5.
14 See id., at 5–6, and Exhibit 5.
15 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).
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Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Notices
already on the record.16 In this case, we
preliminarily find that Dachan is the
successor-in-interest to Quang Ngai and,
as such, is entitled to Quang Ngai’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 Dachan the antidumping
duty cash-deposit rate applicable to
Quang Ngai.
Public Comment
Any interested party may request a
hearing within 14 days of publication of
this notice, in accordance with 19 CFR
351.310(c). Interested parties may
submit case briefs and/or written
comments no 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
5 days after the case briefs. Any hearing,
if requested, will normally be held two
days after rebuttal briefs are due, in
accordance with 19 CFR 351.310(d)(1).
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: January 3, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–00194 Filed 1–9–14; 8:45 am]
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BILLING CODE 3510–DS–P
16 See Ball Bearings and Parts Thereof from
Japan: Initiation and Preliminary Results of
Changed Circumstances Review, 71 FR 14679
(March 23, 2006).
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DEPARTMENT OF COMMERCE
Scope of the Order
International Trade Administration
The merchandise covered by this
order is all purified
carboxymethylcellulose (CMC).4 The
merchandise subject to this order is
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
at subheading 3912.31.00.
[A–405–803]
Purified Carboxymethylcellulose From
Finland: Final Results of Antidumping
Duty Administrative Review; 2011–
2012
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 7, 2013, the
Department of Commerce (the
Department) published the Preliminary
Results of the 2011–2012 administrative
review of the antidumping duty order
on Purified Carboxymethylcellulose
from Finland.1 This review covers one
respondent, CP Kelco Oy and CP Kelco,
Inc. (collectively, CP Kelco). The
petitioner in this proceeding is the
Aqualon Company, a division of
Hercules Incorporated (Petitioner). For
these final results of review, we
continue to find that CP Kelco made
sales of subject merchandise to the
United States at less than normal value
(NV).
DATES: Effective Date: January 10, 2014.
FOR FURTHER INFORMATION CONTACT:
Tyler Weinhold or Robert James, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Room 7850, Washington,
D.C. 20230; telephone (202) 482–1121 or
(202) 482–0649, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 7, 2013, the Department
published the Preliminary Results. We
invited parties to comment on the
Preliminary Results. In response, we
received a case brief from CP Kelco on
September 16, 2013.2 Petitioner filed a
rebuttal brief on September 20, 2013.3
Period of Review (POR)
The POR is July 1, 2011, through June
30, 2012.
1 See Purified Carboxymethylcellulose from
Finland: Notice of Preliminary Results of
Antidumping Duty Administrative Review; 2011–
2012, 78 FR 50028 (August 16, 2013) (Preliminary
Results), and the accompanying Decision
Memorandum (Preliminary Decision
Memorandum).
2 See case brief from CP Kelco, ‘‘Purified
Carboxymethylcellulose from Finland; Case Brief’’
(September 16, 2013) (CP Kelco’s Case Brief).
3 See rebuttal brief from Petitioner, ‘‘Purified
Carboxymethylcellulose from Finland; Rebuttal
Brief’’ (September 20, 2013) (Petitioner’s Rebuttal
Brief).
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Tolling of Deadlines
As explained in the memorandum
from the Assistant Secretary for
Enforcement and Compliance, the
Department has exercised its discretion
to toll deadlines for the duration of the
closure of the Federal Government from
October 1, through October 16, 2013.
See Memorandum for the Record from
Paul Piquado, Assistant Secretary for
Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of
the Federal Government’’ (October 18,
2013). Therefore, all deadlines in this
segment of the proceeding have been
extended by 16 days. If the new
deadline falls on a non-business day, in
accordance with the Department’s
practice, the deadline will become the
next business day. The revised deadline
for the final results of this review is now
January 2, 2014.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
antidumping investigation are
addressed in the Issues and Decision
Memorandum. A list of the issues raised
is attached to this notice as Appendix I.
We have analyzed all interested party
comments and have made no changes to
the Preliminary Results for these final
results.
4 For a full description of the scope of the order,
see Memorandum from Richard Weible, Director,
Office VI, Antidumping and Countervailing Duty
Operations, to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty
Operations, ‘‘Issues and Decision Memorandum for
the Final Results of the 2011 to 2012 Administrative
Review of the Antidumping Duty Order on Purified
Carboxymethylcellulose from Finland’’ (Issues and
Decision Memorandum), which is dated
concurrently with these final results and
incorporated herein by reference. The Issues and
Decision Memorandum is a public document and
is on file electronically via Enforcement and
Compliance’s Antidumping and Countervailing
Duty Centralized Electronic Service System (IA
ACCESS). IA ACCESS is available to registered
users at https://iaaccess.trade.gov and in the Central
Records Unit (CRU), Room 7046 of the main
Department of Commerce building. In addition, a
complete version of the Issues and Decision
Memorandum can be accessed directly on the
Internet at https://enforcement.trade.gov/frn/. The
signed Issues and Decision Memorandum and the
electronic versions of the Issues and Decision
Memorandum are identical in content.
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]]>Agencies
[Federal Register Volume 79, Number 7 (Friday, January 10, 2014)]
[Notices]
[Pages 1824-1826]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00194]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Initiation and Preliminary Results of Changed Circumstances
Review
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: In response to a request for a changed circumstances review
(``CCR'')
[[Page 1825]]
of Gallant Ocean (Vietnam) Co., Ltd. (``Gallant Ocean'') and its
subsidiary, Gallant Ocean (Quang Ngai), Co. Ltd. (``Quang Ngai''), the
Department of Commerce (``Department'') is initiating a CCR of the
antidumping duty order on certain frozen warmwater shrimp from the
Socialist Republic of Vietnam (``Vietnam''). We have preliminarily
determined that Gallant Dachan Seafood Co., Ltd. (``Dachan'') is the
successor-in-interest to Quang Ngai, and, as a result, should be
accorded the same treatment previously accorded to Quang Ngai.
Interested parties are invited to comment on these preliminary results.
DATES: Effective Date: January 10, 2014.
FOR FURTHER INFORMATION CONTACT: Ricardo Martinez Rivera or Bob Palmer,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: at (202) 482-
4532 or (202) 482-9068, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the antidumping duty order on certain
frozen warmwater shrimp from Vietnam on February 1, 2005.\1\ In the
fourth administrative review, we granted Gallant Ocean a separate
rate.\2\ In the sixth administrative review (i.e., February 1, 2010,
through January 31, 2011), Gallant Ocean acquired Quang Ngai, and in
that review and in the seventh administrative review, we assigned Quang
Ngai a separate rate (i.e., zero percent).\3\ On October 31, 2013,\4\
Gallant Ocean informed the Department that it had reduced ownership in
Quang Ngai and changed its name, and petitioned the Department to
conduct a CCR to confirm that Dachan is the successor-in-interest to
Quang Ngai, for purposes of determining antidumping duties due as a
result of the Order.\5\
---------------------------------------------------------------------------
\1\ 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) (``Order'').
\2\ See Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Final Results and Partial Rescission of
Antidumping Duty Administrative Review, 75 FR 47771 (August 9,
2010).
\3\ See Certain Frozen Warmwater Shrimp From the Socialist
Republic of Vietnam: Final Results and Final Partial Rescission of
Antidumping Duty Administrative Review, 77 FR 55800, 55802
(September 11, 2012), unchanged in Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam: Amended Final Results and Partial
Final Rescission of Antidumping Duty Administrative Review, 77 FR
64102, 64103 (October 18, 2012); see also Certain Frozen Warmwater
Shrimp from the Socialist Republic of Vietnam: Final Results and
Final Partial Rescission of Antidumping Duty Administrative Review,
78 FR 56211-14 (September 12, 2013).
\4\ This changed circumstances review was originally filed on
September 30, 2013, within the seventh administrative review for
frozen shrimp from Vietnam. Pursuant to instructions from the
Department, Gallant Ocean re-filed this changed circumstances review
on October 31, 2013.
\5\ See Letter from Gallant Ocean, dated October 31, 2013, at 3.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is certain frozen warmwater
shrimp. The product is currently classified under the following
Harmonized Tariff Schedule of the United States item numbers:
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. The
written description of the scope of the order is dispositive. A full
description of the scope of the order is available in the accompanying
Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ For a full description of the scope of the Order, see
Certain Frozen Warmwater Shrimp from the Socialist Republic of
Vietnam: Issues and Decision Memorandum for the Final Results,
(``Issues and Decision Memorandum'') dated September 6, 2013.
---------------------------------------------------------------------------
Initiation and Preliminary Results 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 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 Gallant Ocean
supporting its claim that Dachan is the successor-in-interest to Quang
Ngai, demonstrates changed circumstances sufficient to warrant such a
review.\7\
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\7\ 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).
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In accordance with the above-referenced regulation, the Department
is initiating a CCR to determine whether Dachan is the successor-in-
interest Quang Ngai. 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.\8\
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.\9\ 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.\10\
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\8\ See Industrial Phosphoric Acid From Israel; Final Results of
Antidumping Duty Changed Circumstances Review, 59 FR 6944 (February
14, 1994).
\9\ See Brass Sheet and Strip From Canada; Final Results of
Antidumping Duty Administrative Review, 57 FR 20460 (May 13, 1992).
\10\ 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).
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In its October 31, 2013, submission, Gallant Ocean provided
information to demonstrate that Dachan is the successor-in-interest to
Quang Ngai. Specifically, the record in this review indicates: (1)
That, except for the financial manager, management which operated
Dachan is the same which operated Quang Ngai; \11\ (2) Dachan retained
the same physical address and equipment as Quang Ngai and that
production continued uninterrupted; \12\ (3) that Dachan continued to
purchase raw shrimp and packing materials from the same suppliers; \13\
(4) that Dachan continued to supply the same U.S. customer base.\14\
Under these circumstances, the Department preliminarily finds that
Dachan operates as the same business entity as Quang Ngai. Given the
continuity described above, we have preliminarily determined that no
material change has occurred with respect to Quang Ngai's management,
production facilities, suppliers, or customer base as a result of the
name change to Dachan.
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\11\ See Letter from Gallant Ocean, dated October 31, 2013, at 4
and Exhibit 4.
\12\ See id., at 5, and Exhibits 1 and 2.
\13\ See id., at 5, and Exhibit 5.
\14\ See id., at 5-6, and Exhibit 5.
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When it concludes that expedited action is warranted, the
Department may publish the notice of initiation and preliminary results
for a CCR concurrently.\15\ We have determined that expedition of this
CCR is warranted because we have the information necessary to make a
preliminary finding
[[Page 1826]]
already on the record.\16\ In this case, we preliminarily find that
Dachan is the successor-in-interest to Quang Ngai and, as such, is
entitled to Quang Ngai's cash-deposit rate with respect to entries of
subject merchandise.
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\15\ 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).
\16\ See Ball Bearings and Parts Thereof from Japan: Initiation
and Preliminary Results of Changed Circumstances Review, 71 FR 14679
(March 23, 2006).
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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 Dachan the antidumping duty cash-
deposit rate applicable to Quang Ngai.
Public Comment
Any interested party may request a hearing within 14 days of
publication of this notice, in accordance with 19 CFR 351.310(c).
Interested parties may submit case briefs and/or written comments no
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 5 days after the case briefs. Any hearing, if requested,
will normally be held two days after rebuttal briefs are due, in
accordance with 19 CFR 351.310(d)(1). 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: January 3, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2014-00194 Filed 1-9-14; 8:45 am]
BILLING CODE 3510-DS-P
