Certain Frozen Warmwater Shrimp From India: Initiation of Antidumping Duty Changed Circumstances Review, 66244 [2018-27862]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Notices]
[Page 66244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27862]



[[Page 66244]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-840]


Certain Frozen Warmwater Shrimp From India: Initiation of 
Antidumping Duty Changed Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is initiating a changed 
circumstances review to determine if Sunrise Seafoods India Private 
Limited (SSIPL) is the successor-in-interest to Sunrise Aqua Food 
Exports (SAFE) in the context of the antidumping duty order on certain 
frozen warmwater shrimp (shrimp) from India.

DATES: Applicable December 26, 2018.

FOR FURTHER INFORMATION CONTACT: Brittany Bauer, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: 202-482-3860.

SUPPLEMENTARY INFORMATION: 

Background

    On February 1, 2005, Commerce published in the Federal Register an 
antidumping duty order on shrimp from India.\1\ On October 31, 2018, 
SSIPL requested that, pursuant to section 751(b)(1) of the Tariff Act 
of 1930, as amended (the Act) and 19 CFR 351.216(b), Commerce conduct 
an expedited changed circumstances review of the Order to confirm that 
SSIPL is the successor-in-interest to SAFE and, accordingly, to assign 
it the cash deposit rate of SAFE.\2\ In its submission, SSIPL explained 
that SAFE undertook a business reorganization and transferred its 
shrimp business to SSIPL.\3\
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    \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 SSIPL's Letter re: Frozen Warmwater Shrimp from India: 
Request to Initiate a Successor-in-Interest Changed Circumstances 
Review, dated October 31, 2018 (SSIPL CCR Request).
    \3\ Id. at 4-5.
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Scope of the Order

    The merchandise subject to the order is certain frozen warmwater 
shrimp.\4\ 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.
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    \4\ For a complete description of the Scope of the Order, see 
12th AR, and accompanying Issues and Decision Memorandum at ``Scope 
of the Order.''
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Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act, Commerce 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 SAFE transferred its shrimp business to 
SSIPL. This constitutes changed circumstances warranting a review of 
the order.\5\ 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 SSIPL's 
submission.
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    \5\ See 19 CFR 351.216(d).
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    In making a successor-in-interest determination, Commerce examines 
several factors, including, but not limited to, changes in the 
following: (1) Management; (2) production facilities; (3) supplier 
relationships; and (4) customer base.\6\ While no single factor or 
combination of factors will necessarily provide a dispositive 
indication of a successor-in-interest relationship, generally, Commerce 
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.\7\ 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, Commerce may assign the new company 
the cash deposit rate of its predecessor.\8\
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    \6\ See, e.g., Certain Frozen Warmwater Shrimp from India: 
Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review, 81 FR 75376 (October 31, 2016) (Shrimp from 
India Preliminary Results), unchanged in Certain Frozen Warmwater 
Shrimp from India: Notice of Final Results of Antidumping Duty 
Changed Circumstances Review, 81 FR 90774 (December 15, 2016) 
(Shrimp from India Final Results).
    \7\ See, e.g., Shrimp from India Preliminary Results, 81 FR at 
75377, unchanged in Shrimp from India Final Results, 81 FR at 90774.
    \8\ Id.; see also Notice of Final Results of Changed 
Circumstances Antidumping Duty Administrative Review: 
Polychloroprene Rubber from Japan, 67 FR 58, 59 (January 2, 2002); 
Ball Bearings and Parts Thereof from France: Final Results of 
Changed-Circumstances Review, 75 FR 34688, 34689 (June 18, 2010); 
and 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 
Commerce 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.
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    Based on the information provided in its changed circumstances 
review request, SSIPL has provided sufficient evidence to warrant a 
review to determine if SSIPL is the successor-in-interest to SAFE for 
purposes of the antidumping duty order on shrimp from India. Commerce 
intends to publish in the Federal Register a notice of preliminary 
results of the antidumping duty changed circumstances review, in 
accordance with 19 CFR 351.221(b)(4) and 351.221(c)(3)(i), which will 
set forth Commerce's preliminary factual and legal conclusions. 
Commerce will issue its final results of the review in accordance with 
the time limits set forth in 19 CFR 351.216(e).
    We are issuing this notice in accordance with sections 751(b)(1) 
and 777(i)(1) of the Act and 351.216 and 351.221(b)(l).

    Dated: December 17, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive duties and functions of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-27862 Filed 12-21-18; 8:45 am]
 BILLING CODE 3510-DS-P