Certain Frozen Warmwater Shrimp From India: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 75376-75377 [2016-26214]

Download as PDF 75376 Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Notices Application Requirements: Show organizers submitting applications for 2018 IBP Select are required to submit: (1) A narrative statement addressing each question in the application, OMB 0625–0143 (found at www.export.gov/ ibp); and (2) a signed statement that ‘‘The above information provided is correct and the applicant will abide by the terms set forth in this Call for Applications for the International Buyer Program Select (January 1, 2018 through December 31, 2018);’’ on or before the deadline noted above. Applications for IBP Select must be received by Friday, January 6, 2017. There is no fee required to apply. ITA expects to issue the results of this process in April 2017. Legal Authority: The statutory program authority for ITA to conduct the IBP is 15 U.S.C. 4724. ITA has the legal authority to enter into MOAs with show organizers under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 (MECEA), as amended (22 U.S.C. 2455(f) and 2458(c)). MECEA allows ITA to accept contributions of funds and services from firms for the purposes of furthering its mission. The Office of Management and Budget (OMB) has approved the information collection requirements of the application to this program (0625–0143) under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (OMB Control No. 0625–0143). Notwithstanding any other provision of law, no person is required to respond to, nor shall a person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act, unless that collection of information displays a currently valid OMB Control Number. For further information please contact: Vidya Desai, Senior Advisor, Trade Promotion Programs (IBP2018@ trade.gov). Frank Spector, Trade Promotion Programs. [FR Doc. 2016–26218 Filed 10–28–16; 8:45 am] sradovich on DSK3GMQ082PROD with NOTICES BILLING CODE 3510–DR–P VerDate Sep<11>2014 17:53 Oct 28, 2016 Jkt 241001 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 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Avanti Frozen Foods Private Limited (Avanti Frozen) requested a changed circumstances review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from India. The Department of Commerce (Department) is initiating this changed circumstances review and preliminarily determining that Avanti Frozen is the successor-in-interest to Avanti Feeds Limited (Avanti Feeds). DATES: Effective October 31, 2016. FOR FURTHER INFORMATION CONTACT: E. Whitley Herndon, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202–482–6274. SUPPLEMENTARY INFORMATION: AGENCY: Background On February 1, 2005, the Department published in the Federal Register an antidumping duty order on shrimp from India.1 In the tenth administrative review of the Order, Avanti Feeds was assigned a cash deposit rate of 2.20 percent.2 On September 7, 2016, Avanti Frozen requested that, pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.216(b), the Department conduct a changed circumstances review of the Order to confirm that Avanti Frozen is the successor-in-interest to Avanti Feeds.3 In its submission, Avanti Frozen explained that Avanti Feeds undertook a business reorganization and transferred its shrimp business to its subsidiary company, Avanti Frozen.4 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 (February 1, 2005) (Order). 2 See Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Administrative Review; Final Determination of No Shipments; 2014–2015, 81 FR 62867 (September 13, 2016) (10th AR). 3 See Letter from Avanti Frozen entitled ‘‘Frozen Warmwater Shrimp form India: Request to Initiate a Successor-in-Interest Changed Circumstances Review,’’ dated September 7, 2016 (Avanti Frozen CCR Request). 4 Id. at 2. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 The domestic industry did not file any comment for these preliminary results. Scope of the Order The merchandise subject to the order is certain frozen warmwater shrimp.5 The product is currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) 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. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains 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 received information indicating that Avanti Feeds has transferred its shrimp business to Avanti Frozen. This constitutes changed circumstances warranting a review of the order.6 Therefore, in accordance with section 751(b)(1) of the Act and 19 CFR 351.216(d) and (e), we are initiating a changed circumstances review based upon the information contained in Avanti Frozen’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 the record contains 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 this changed circumstances review, pursuant to section 751(b) of the Act, the Department conducted a successorin-interest analysis. In making a successor-in-interest determination, the Department examines several factors, including, but not limited to, changes in the following: (1) Management; (2) production facilities; (3) supplier 5 For a complete description of the Scope of the Order, see 10th AR, and accompanying Issues and Decision Memorandum at ‘‘Scope.’’ 6 See 19 CFR 351.216(d). E:\FR\FM\31OCN1.SGM 31OCN1 Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Notices sradovich on DSK3GMQ082PROD with NOTICES relationships; and (4) customer base.7 While no single factor or combination of factors will necessarily provide a dispositive indication of a successor-ininterest relationship, generally, the Department will 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.8 Thus, if the record 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 predecessor company, the Department may assign the new company the cash deposit rate of its predecessor.9 In accordance with 19 CFR 351.216, we preliminarily determine that Avanti Frozen is the successor-in-interest to Avanti Feeds. Record evidence, as submitted by Avanti Frozen, indicates that Avanti Frozen operates as essentially the same business entity as Avanti Feeds with respect to the subject merchandise.10 For the complete successor-in-interest analysis, including discussion of business proprietary information, refer to the accompanying successor-in-interest memorandum.11 Record evidence, as submitted by Avanti Frozen, indicates that the shrimp business was transferred fully from Avanti Feeds to its subsidiary, Avanti Frozen. Specifically, Avanti Frozen provided a Business Transfer Agreement which transfers Avanti Feed’s entire shrimp business to Avanti Frozen; approvals from various governing entities approving/confirming the transfer of the shrimp business from Avanti Feeds to Avanti Frozen; letters notifying customers, suppliers, and employees of the business transfer; Avanti Frozen’s first annual report; 7 See, e.g., Notice of Final Results of Changed Circumstances Antidumping Duty Administrative Review: Polychloroprene Rubber From Japan, 67 FR 58 (January 2, 2002). 8 See, e.g., Fresh and Chilled Atlantic Salmon From Norway; Final Results of Changed Circumstances Antidumping Duty Administrative Review, 64 FR 9979, 9980 (March 1, 1999). 9 See, e.g., Circular Welded Non-Alloy Steel Pipe From the Republic of Korea; Preliminary Results of Antidumping Duty Changed Circumstances Review, 63 FR 14679 (March 26, 1998), unchanged in Circular Welded Non-Alloy Steel Pipe From Korea; Final Results of Antidumping Duty Changed Circumstances Review, 63 FR 20572 (April 27, 1998), in which the Department found that a company which only changed its name and did not change its operations is a successor-in-interest to the company before it changed its name. 10 See Avanti Frozen CCR Request. 11 See Memorandum to Melissa G. Skinner, Director, Office II, entitled ‘‘Certain Frozen Warmwater Shrimp from India: Preliminary Successor-In-Interest Determination’’ dated concurrently with this notice. VerDate Sep<11>2014 17:53 Oct 28, 2016 Jkt 241001 charts demonstrating the board of directors and equity stockholders of both Avanti Feed and Avanti Frozen; and a list of suppliers, customers, and production and business locations before and after the transfer.12 In summary, Avanti Frozen presented evidence to support its claim of successorship and the transfer did not impact any of the criteria that the Department typically looks to when making a changed circumstances determination. We find that the evidence provided by Avanti Frozen is sufficient to preliminarily determine that the transfer of shrimp operations from Avanti Feeds to its subsidiary Avanti Frozen did not affect the company’s operations in a meaningful way. Therefore, based on the aforementioned reasons, we preliminarily determine that Avanti Frozen is the successor-in-interest to Avanti Feeds and, thus, should receive the same antidumping duty treatment with respect to the subject merchandise as Avanti Feeds. Public Comment Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 30 days of publication of this notice. In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the case briefs, in accordance with 19 CFR 351.309(d). Parties who submit case or rebuttal briefs are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. All comments are to be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) available to registered users at https:// iaaccess.trade.gov and in the Central Records Unit, Room B8024 of the main Department of Commerce building, and must also be served on interested parties.29 An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the day it is due.13 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. This notice is 12 See 13 See PO 00000 Avanti Frozen CCR Request. 19 CFR 351.303(b). Frm 00008 Fmt 4703 Sfmt 4703 75377 published in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216(b), 351.221(b) and 351.221(c)(3). Dated: October 24, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–26214 Filed 10–28–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–848] Freshwater Crawfish Tail Meat From the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Effective October 31, 2016. Based on a request, the Department of Commerce (the Department) is initiating a new shipper review (NSR) of the antidumping duty order on freshwater crawfish tail meat from the People’s Republic of China (PRC) with respect to Jingzhou Tianhe Aquatic Products Co., Ltd. (Jingzhou Tianhe). We have determined that this request meets the statutory and regulatory requirements for initiation. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; Telephone: (202) 482–0665. SUPPLEMENTARY INFORMATION: DATES: SUMMARY: Background The antidumping duty order on freshwater crawfish tail meat from the PRC published in the Federal Register on September 15, 1997.1 Pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), the Department received a timely and properly filed request for a NSR of the order from Jingzhou Tianhe during the anniversary month of the antidumping duty order.2 In its request, Jingzhou 1 See Notice of Amendment to Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Freshwater Crawfish Tail Meat From the People’s Republic of China, 62 FR 48218 (September 15, 1997) (Crawfish Order). 2 See Letter from Jingzhou Tianhe, ‘‘RE: Freshwater Crawfish Tail meat From the People’s Republic of China; Request for New Shipper Review,’’ dated September 30, 2016. E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Notices]
[Pages 75376-75377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26214]


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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: Avanti Frozen Foods Private Limited (Avanti Frozen) requested 
a changed circumstances review of the antidumping duty order on certain 
frozen warmwater shrimp (shrimp) from India. The Department of Commerce 
(Department) is initiating this changed circumstances review and 
preliminarily determining that Avanti Frozen is the successor-in-
interest to Avanti Feeds Limited (Avanti Feeds).

DATES: Effective October 31, 2016.

FOR FURTHER INFORMATION CONTACT: E. Whitley Herndon, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: 202-482-6274.

SUPPLEMENTARY INFORMATION: 

Background

    On February 1, 2005, the Department published in the Federal 
Register an antidumping duty order on shrimp from India.\1\ In the 
tenth administrative review of the Order, Avanti Feeds was assigned a 
cash deposit rate of 2.20 percent.\2\
---------------------------------------------------------------------------

    \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 (February 1, 2005) (Order).
    \2\ See Certain Frozen Warmwater Shrimp From India: Final 
Results of Antidumping Duty Administrative Review; Final 
Determination of No Shipments; 2014-2015, 81 FR 62867 (September 13, 
2016) (10th AR).
---------------------------------------------------------------------------

    On September 7, 2016, Avanti Frozen requested that, pursuant to 
section 751(b)(1) of the Tariff Act of 1930, as amended (the Act) and 
19 CFR 351.216(b), the Department conduct a changed circumstances 
review of the Order to confirm that Avanti Frozen is the successor-in-
interest to Avanti Feeds.\3\ In its submission, Avanti Frozen explained 
that Avanti Feeds undertook a business reorganization and transferred 
its shrimp business to its subsidiary company, Avanti Frozen.\4\ The 
domestic industry did not file any comment for these preliminary 
results.
---------------------------------------------------------------------------

    \3\ See Letter from Avanti Frozen entitled ``Frozen Warmwater 
Shrimp form India: Request to Initiate a Successor-in-Interest 
Changed Circumstances Review,'' dated September 7, 2016 (Avanti 
Frozen CCR Request).
    \4\ Id. at 2.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is certain frozen warmwater 
shrimp.\5\ The product is currently classified under the following 
Harmonized Tariff Schedule of the United States (HTSUS) 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. 
Although the HTSUS numbers are provided for convenience and customs 
purposes, the written product description remains dispositive.
---------------------------------------------------------------------------

    \5\ For a complete description of the Scope of the Order, see 
10th AR, and accompanying Issues and Decision Memorandum at 
``Scope.''
---------------------------------------------------------------------------

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 received information indicating that Avanti Feeds has 
transferred its shrimp business to Avanti Frozen. This constitutes 
changed circumstances warranting a review of the order.\6\ Therefore, 
in accordance with section 751(b)(1) of the Act and 19 CFR 351.216(d) 
and (e), we are initiating a changed circumstances review based upon 
the information contained in Avanti Frozen's submission.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------

    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 the record contains 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 this changed circumstances review, pursuant to section 751(b) of 
the Act, the Department conducted a successor-in-interest analysis. In 
making a successor-in-interest determination, the Department examines 
several factors, including, but not limited to, changes in the 
following: (1) Management; (2) production facilities; (3) supplier

[[Page 75377]]

relationships; and (4) customer base.\7\ While no single factor or 
combination of factors will necessarily provide a dispositive 
indication of a successor-in-interest relationship, generally, the 
Department will 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.\8\ Thus, if the 
record 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 predecessor company, the Department may assign 
the new company the cash deposit rate of its predecessor.\9\
---------------------------------------------------------------------------

    \7\ See, e.g., Notice of Final Results of Changed Circumstances 
Antidumping Duty Administrative Review: Polychloroprene Rubber From 
Japan, 67 FR 58 (January 2, 2002).
    \8\ See, e.g., Fresh and Chilled Atlantic Salmon From Norway; 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
    \9\ See, e.g., Circular Welded Non-Alloy Steel Pipe From the 
Republic of Korea; Preliminary Results of Antidumping Duty Changed 
Circumstances Review, 63 FR 14679 (March 26, 1998), unchanged in 
Circular Welded Non-Alloy Steel Pipe From Korea; Final Results of 
Antidumping Duty Changed Circumstances Review, 63 FR 20572 (April 
27, 1998), in which the Department found that a company which only 
changed its name and did not change its operations is a successor-
in-interest to the company before it changed its name.
---------------------------------------------------------------------------

    In accordance with 19 CFR 351.216, we preliminarily determine that 
Avanti Frozen is the successor-in-interest to Avanti Feeds. Record 
evidence, as submitted by Avanti Frozen, indicates that Avanti Frozen 
operates as essentially the same business entity as Avanti Feeds with 
respect to the subject merchandise.\10\ For the complete successor-in-
interest analysis, including discussion of business proprietary 
information, refer to the accompanying successor-in-interest 
memorandum.\11\
---------------------------------------------------------------------------

    \10\ See Avanti Frozen CCR Request.
    \11\ See Memorandum to Melissa G. Skinner, Director, Office II, 
entitled ``Certain Frozen Warmwater Shrimp from India: Preliminary 
Successor-In-Interest Determination'' dated concurrently with this 
notice.
---------------------------------------------------------------------------

    Record evidence, as submitted by Avanti Frozen, indicates that the 
shrimp business was transferred fully from Avanti Feeds to its 
subsidiary, Avanti Frozen. Specifically, Avanti Frozen provided a 
Business Transfer Agreement which transfers Avanti Feed's entire shrimp 
business to Avanti Frozen; approvals from various governing entities 
approving/confirming the transfer of the shrimp business from Avanti 
Feeds to Avanti Frozen; letters notifying customers, suppliers, and 
employees of the business transfer; Avanti Frozen's first annual 
report; charts demonstrating the board of directors and equity 
stockholders of both Avanti Feed and Avanti Frozen; and a list of 
suppliers, customers, and production and business locations before and 
after the transfer.\12\ In summary, Avanti Frozen presented evidence to 
support its claim of successorship and the transfer did not impact any 
of the criteria that the Department typically looks to when making a 
changed circumstances determination.
---------------------------------------------------------------------------

    \12\ See Avanti Frozen CCR Request.
---------------------------------------------------------------------------

    We find that the evidence provided by Avanti Frozen is sufficient 
to preliminarily determine that the transfer of shrimp operations from 
Avanti Feeds to its subsidiary Avanti Frozen did not affect the 
company's operations in a meaningful way. Therefore, based on the 
aforementioned reasons, we preliminarily determine that Avanti Frozen 
is the successor-in-interest to Avanti Feeds and, thus, should receive 
the same antidumping duty treatment with respect to the subject 
merchandise as Avanti Feeds.

Public Comment

    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of publication of this notice. In accordance 
with 19 CFR 351.309(c)(1)(ii), interested parties may submit case 
briefs not later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed no later than five days after the case briefs, in 
accordance with 19 CFR 351.309(d). Parties who submit case or rebuttal 
briefs are encouraged to submit with each argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities. All comments are to be filed electronically using 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS) available to registered 
users at https://iaaccess.trade.gov and in the Central Records Unit, 
Room B8024 of the main Department of Commerce building, and must also 
be served on interested parties.29 An electronically filed document 
must be received successfully in its entirety by ACCESS by 5:00 p.m. 
Eastern Time on the day it is due.\13\
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------

    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. This notice is published in 
accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 
351.216(b), 351.221(b) and 351.221(c)(3).

    Dated: October 24, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-26214 Filed 10-28-16; 8:45 am]
 BILLING CODE 3510-DS-P

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