Certain Frozen Warmwater Shrimp From India: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 61290-61291 [2014-24277]
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61290
Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Notices
We are issuing and publishing these
results and this notice in accordance
with sections 751(a)(1) and 777(i) of the
Act.
Dated: October 3, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–24272 Filed 10–9–14; 8:45 am]
BILLING CODE 3510–DS–P
partnership company to a private
limited company, under the definition
in Indian law and, as part of this
conversion, it changed its name to PPL.2
On August 22, 2014, PPL requested 3
that the Department conduct an
expedited CCR to determine that it is
the successor-in-interest to PMP, for the
purpose of being assigned PMP’s cash
deposit rate, as a part of the Liberty
Group of companies.4 We received no
comments opposing PPL’s request.
DEPARTMENT OF COMMERCE
Scope of the Order
International Trade Administration
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, 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
[A–533–840]
Certain Frozen Warmwater Shrimp
From India: Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request by
Premier Marine Products Private
Limited (PPL), a producer/exporter of
certain frozen warmwater shrimp
(shrimp) from India, and pursuant to
section 751(b) of the Tariff Act of 1930,
as amended (the Act), 19 CFR 351.216
and 351.221(c)(3)(ii), the Department of
Commerce (the Department) is initiating
a changed circumstances review (CCR)
of the antidumping duty (AD) order on
shrimp from India with regards to PPL.
Based on the information received, we
preliminarily determine that PPL is the
successor-in-interest to Premier Marine
Products (PMP) for purposes of
determining AD liability. Interested
parties are invited to comment on these
preliminary results.
DATES: Effective Date: October 10, 2014.
FOR FURTHER INFORMATION CONTACT:
Blaine Wiltse or Stephen Banea, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6345 or (202) 482–
0656, respectively.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
Background
On February 1, 2005, the Department
published in the Federal Register the
AD order on shrimp from India.1
Effective April 8, 2013, PMP, a
producer/exporter of Indian shrimp
covered by this order, converted from a
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) (Shrimp
Order).
VerDate Sep<11>2014
17:09 Oct 09, 2014
Jkt 235001
2 See Letter from Premier Marine Private Limited,
dated August 22, 2014 (CCR Request).
3 Id.
4 PMP received a 2.49 percent dumping margin as
part of the Liberty Group in the 2012–2013
administrative review of the AD order on shrimp
from India. See Certain Frozen Warmwater Shrimp
From India: Final Results of Antidumping Duty
Administrative Review; 2012–2013, 79 FR 51309
(Aug. 28, 2014) (Shrimp Review).
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
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 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 of
Changed Circumstances Review
Pursuant to section 751(b)(1)(A) of the
Act and 19 CFR 351.216(d), the
Department will conduct a CCR upon
receipt of a request from an interested
party for a review of an AD order which
shows changed circumstances sufficient
to warrant a review of the order. The
information submitted by PPL
supporting its claim that it is the
successor-in-interest to PMP
E:\FR\FM\10OCN1.SGM
10OCN1
Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Notices
demonstrates changed circumstances
sufficient to warrant such a review.5
In accordance with the abovereferenced regulation, the Department is
initiating a CCR to determine whether
PPL is the successor-in-interest to PMP.
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.6 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.7 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.8
In its August 22, 2014, submission,
PPL provided information to
demonstrate that it is the successor-ininterest to PMP. PPL states that the
company’s management, production
facilities and customer/supplier
relationships have not changed as a
result of its conversion to a private
limited company. To support its claims,
PPL submitted the following
documents: (1) PMP’s partnership deed
from 1986; (2) PPL’s new partnership
deed from 2013; (3) the particulars of
PPL’s capital shares and percent of
shareholdings for each partner; (4) the
certificate of incorporation; (5) the
Memorandum of Association and
Articles of Association of PPL showing
details of the partnership; (6) PMP’s and
PPL’s certificates issued by the Export
mstockstill on DSK4VPTVN1PROD with NOTICES
5 See
19 CFR 351.216(d); see also Notice and
Preliminary Results of Antidumping Duty Changed
Circumstances Review: Carbon and Certain Alloy
Steel Wire Rod From Mexico, 75 FR 67685 (Nov. 3,
2010).
6 See Notice of Initiation and Preliminary Results
of Antidumping Duty Changed Circumstances
Review: Certain Frozen Warmwater Shrimp From
Thailand, 75 FR 61702, 61703 (Oct. 6, 2010)
(Shrimp from Thailand) (unchanged in Notice of
Final Results of Antidumping Duty Changed
Circumstances Review: Certain Frozen Warmwater
Shrimp From Thailand, 75 FR 74684 (Dec. 1, 2010);
Industrial Phosphoric Acid From Israel; Final
Results of Antidumping Duty Changed
Circumstances Review, 59 FR 6944 (Feb. 14, 1994).
7 See Shrimp from Thailand, 75 FR at 61703.
8 Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative
Review: Polychloroprene Rubber From Japan, 67 FR
58 (Jan. 2, 2002); and Ball Bearings and Parts
Thereof from France: Final Results of ChangedCircumstances Review, 75 FR 34688 (June 10, 2010).
VerDate Sep<11>2014
17:09 Oct 09, 2014
Jkt 235001
61291
Inspection Council of India showing the
same address for the production facility;
(7) a list of the suppliers of PMP before,
and PPL after, the conversion to a
private limited company; (8) a list of the
customers of PMP before, and PPL after,
the conversion; and, (9) a list of the
employees of PMP before, and PPL after,
the conversion.
Based on the evidence on the record,
we preliminarily find that PPL is the
successor-in-interest to PMP. We find
that, while PPL expanded to seven
partners from two after its conversion to
a private limited company, the original
two partners retained a majority stake in
PPL and no managers or other
employees changed as a result of the
conversion.9 As a result, we find that
PPL operates as the same business entity
as PMP. Moreover, PPL: (1) Retained the
same production facility as PMP; 10 (2)
continued to purchase raw shrimp from
a majority of the same suppliers as
PMP; 11 and (3) continued to supply the
same U.S. customers.12 Therefore, we
also find that the production facility,
supplier relationships, and customers
have not changed as a result of PMP’s
conversion to PPL. Thus, we
preliminarily find that PPL should
receive the same AD deposit rate (i.e.,
2.49 percent) with respect to the subject
merchandise as PMP, its predecessor
company.
When it concludes that expedited
action is warranted, the Department
may publish the notice of initiation and
preliminary results for a CCR
concurrently.13 We have determined
that expedition of this CCR is warranted
because we have the information
necessary to make a preliminary finding
already on the record.14 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 suspend entries of subject
merchandise produced or exported by
PPL at PMP’s cash deposit rate (i.e., 2.49
percent), effective on the publication
date of our final results.
notice.15 Parties will be notified of the
time and date of any hearing, if
requested. Interested parties may submit
case briefs and/or written comments not
later than 14 days after the publication
of this notice. Rebuttal briefs, and
rebuttals to written comments, which
must be limited to issues raised in such
briefs or comments, may be filed not
later than 21 days after the date of
publication of this notice. Parties who
submit case briefs or rebuttal briefs in
this changed circumstance review are
requested to submit with each
argument: (1) A statement of the issue;
and (2) a brief summary of the
argument; and (3) a table of authorities.
Interested parties who wish to comment
on the preliminary results must file
briefs electronically using Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at http://iaaccess.trade.gov. An
electronically-filed document must be
received successfully in its entirety by
the Department’s electronic records
system, IA ACCESS, by 5 p.m. Eastern
Time on the date the document is due.
Consistent with 19 CFR 351.216(e),
we intend to issue the final results of
this changed circumstance review 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
finding and 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)(ii).
Public Comment
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 14 days of publication of this
International Trade Administration
9 See
CCR Request, at 7 and 10.
10 Id.
11 Id.
at 9.
12 Id.
13 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).
14 See Ball Bearings and Parts Thereof from
Japan: Initiation and Preliminary Results of
Changed Circumstances Review, 71 FR 14679 (Mar.
23, 2006).
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
Dated: October 6, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–24277 Filed 10–9–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
[A–570–912]
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Preliminary Results of
Antidumping Duty Administrative
Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
15 See 19 CFR 351.303 for general filing
requirements.
E:\FR\FM\10OCN1.SGM
10OCN1
Agencies
[Federal Register Volume 79, Number 197 (Friday, October 10, 2014)]
[Notices]
[Pages 61290-61291]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24277]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-840]
Certain Frozen Warmwater Shrimp From India: Initiation and
Preliminary Results of Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request by Premier Marine Products Private
Limited (PPL), a producer/exporter of certain frozen warmwater shrimp
(shrimp) from India, and pursuant to section 751(b) of the Tariff Act
of 1930, as amended (the Act), 19 CFR 351.216 and 351.221(c)(3)(ii),
the Department of Commerce (the Department) is initiating a changed
circumstances review (CCR) of the antidumping duty (AD) order on shrimp
from India with regards to PPL. Based on the information received, we
preliminarily determine that PPL is the successor-in-interest to
Premier Marine Products (PMP) for purposes of determining AD liability.
Interested parties are invited to comment on these preliminary results.
DATES: Effective Date: October 10, 2014.
FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or Stephen Banea, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6345 or (202) 482-0656, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2005, the Department published in the Federal
Register the AD order on shrimp from India.\1\ Effective April 8, 2013,
PMP, a producer/exporter of Indian shrimp covered by this order,
converted from a partnership company to a private limited company,
under the definition in Indian law and, as part of this conversion, it
changed its name to PPL.\2\ On August 22, 2014, PPL requested \3\ that
the Department conduct an expedited CCR to determine that it is the
successor-in-interest to PMP, for the purpose of being assigned PMP's
cash deposit rate, as a part of the Liberty Group of companies.\4\ We
received no comments opposing PPL's request.
---------------------------------------------------------------------------
\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) (Shrimp Order).
\2\ See Letter from Premier Marine Private Limited, dated August
22, 2014 (CCR Request).
\3\ Id.
\4\ PMP received a 2.49 percent dumping margin as part of the
Liberty Group in the 2012-2013 administrative review of the AD order
on shrimp from India. See Certain Frozen Warmwater Shrimp From
India: Final Results of Antidumping Duty Administrative Review;
2012-2013, 79 FR 51309 (Aug. 28, 2014) (Shrimp Review).
---------------------------------------------------------------------------
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, 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 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 of Changed Circumstances Review
Pursuant to section 751(b)(1)(A) of the Act and 19 CFR 351.216(d),
the Department will conduct a CCR upon receipt of a request from an
interested party for a review of an AD order which shows changed
circumstances sufficient to warrant a review of the order. The
information submitted by PPL supporting its claim that it is the
successor-in-interest to PMP
[[Page 61291]]
demonstrates changed circumstances sufficient to warrant such a
review.\5\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.216(d); see also Notice and Preliminary
Results of Antidumping Duty Changed Circumstances Review: Carbon and
Certain Alloy Steel Wire Rod From Mexico, 75 FR 67685 (Nov. 3,
2010).
---------------------------------------------------------------------------
In accordance with the above-referenced regulation, the Department
is initiating a CCR to determine whether PPL is the successor-in-
interest to PMP. 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.\6\ 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.\7\ 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.\8\
---------------------------------------------------------------------------
\6\ See Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Certain Frozen
Warmwater Shrimp From Thailand, 75 FR 61702, 61703 (Oct. 6, 2010)
(Shrimp from Thailand) (unchanged in Notice of Final Results of
Antidumping Duty Changed Circumstances Review: Certain Frozen
Warmwater Shrimp From Thailand, 75 FR 74684 (Dec. 1, 2010);
Industrial Phosphoric Acid From Israel; Final Results of Antidumping
Duty Changed Circumstances Review, 59 FR 6944 (Feb. 14, 1994).
\7\ See Shrimp from Thailand, 75 FR at 61703.
\8\ Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative Review:
Polychloroprene Rubber From Japan, 67 FR 58 (Jan. 2, 2002); and Ball
Bearings and Parts Thereof from France: Final Results of Changed-
Circumstances Review, 75 FR 34688 (June 10, 2010).
---------------------------------------------------------------------------
In its August 22, 2014, submission, PPL provided information to
demonstrate that it is the successor-in-interest to PMP. PPL states
that the company's management, production facilities and customer/
supplier relationships have not changed as a result of its conversion
to a private limited company. To support its claims, PPL submitted the
following documents: (1) PMP's partnership deed from 1986; (2) PPL's
new partnership deed from 2013; (3) the particulars of PPL's capital
shares and percent of shareholdings for each partner; (4) the
certificate of incorporation; (5) the Memorandum of Association and
Articles of Association of PPL showing details of the partnership; (6)
PMP's and PPL's certificates issued by the Export Inspection Council of
India showing the same address for the production facility; (7) a list
of the suppliers of PMP before, and PPL after, the conversion to a
private limited company; (8) a list of the customers of PMP before, and
PPL after, the conversion; and, (9) a list of the employees of PMP
before, and PPL after, the conversion.
Based on the evidence on the record, we preliminarily find that PPL
is the successor-in-interest to PMP. We find that, while PPL expanded
to seven partners from two after its conversion to a private limited
company, the original two partners retained a majority stake in PPL and
no managers or other employees changed as a result of the
conversion.\9\ As a result, we find that PPL operates as the same
business entity as PMP. Moreover, PPL: (1) Retained the same production
facility as PMP; \10\ (2) continued to purchase raw shrimp from a
majority of the same suppliers as PMP; \11\ and (3) continued to supply
the same U.S. customers.\12\ Therefore, we also find that the
production facility, supplier relationships, and customers have not
changed as a result of PMP's conversion to PPL. Thus, we preliminarily
find that PPL should receive the same AD deposit rate (i.e., 2.49
percent) with respect to the subject merchandise as PMP, its
predecessor company.
---------------------------------------------------------------------------
\9\ See CCR Request, at 7 and 10.
\10\ Id.
\11\ Id. at 9.
\12\ Id.
---------------------------------------------------------------------------
When it concludes that expedited action is warranted, the
Department may publish the notice of initiation and preliminary results
for a CCR concurrently.\13\ We have determined that expedition of this
CCR is warranted because we have the information necessary to make a
preliminary finding already on the record.\14\ 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 suspend entries of subject merchandise produced or
exported by PPL at PMP's cash deposit rate (i.e., 2.49 percent),
effective on the publication date of our final results.
---------------------------------------------------------------------------
\13\ 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).
\14\ See Ball Bearings and Parts Thereof from Japan: Initiation
and Preliminary Results of Changed Circumstances Review, 71 FR 14679
(Mar. 23, 2006).
---------------------------------------------------------------------------
Public Comment
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 14 days of publication of this notice.\15\ Parties will
be notified of the time and date of any hearing, if requested.
Interested parties may submit case briefs and/or written comments not
later than 14 days after the publication of this notice. Rebuttal
briefs, and rebuttals to written comments, which must be limited to
issues raised in such briefs or comments, may be filed not later than
21 days after the date of publication of this notice. Parties who
submit case briefs or rebuttal briefs in this changed circumstance
review are requested to submit with each argument: (1) A statement of
the issue; and (2) a brief summary of the argument; and (3) a table of
authorities. Interested parties who wish to comment on the preliminary
results must file briefs electronically using Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (IA ACCESS). IA ACCESS is available to registered users
at http://iaaccess.trade.gov. An electronically-filed document must be
received successfully in its entirety by the Department's electronic
records system, IA ACCESS, by 5 p.m. Eastern Time on the date the
document is due.
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\15\ See 19 CFR 351.303 for general filing requirements.
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Consistent with 19 CFR 351.216(e), we intend to issue the final
results of this changed circumstance review 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 finding and 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)(ii).
Dated: October 6, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-24277 Filed 10-9-14; 8:45 am]
BILLING CODE 3510-DS-P