Certain Frozen Warmwater Shrimp From India: Initiation of Antidumping Duty Changed Circumstances Review, 66244 [2018-27862]
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66244
Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–840]
Certain Frozen Warmwater Shrimp
From India: Initiation of Antidumping
Duty Changed Circumstances Review
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:
AGENCY:
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
Scope of the Order
amozie on DSK3GDR082PROD with NOTICES1
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,
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 Successorin-Interest Changed Circumstances Review, dated
October 31, 2018 (SSIPL CCR Request).
3 Id. at 4–5.
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.’’
VerDate Sep<11>2014
20:07 Dec 21, 2018
Jkt 247001
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 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.
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
5 See
19 CFR 351.216(d).
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
6 See,
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
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-ininterest 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
DEPARTMENT OF COMMERCE
International Trade Administration
Advance Notification of Sunset
Review; Correction
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is correcting an advance
notification of sunset review.
DATES: Applicable (December 3, 2018).
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
Operations, Customs and Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4735.
SUPPLEMENTARY INFORMATION:
AGENCY:
Thereof from France: Final Results of ChangedCircumstances 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-ininterest to the company before it changed its name.
E:\FR\FM\26DEN1.SGM
26DEN1
Agencies
[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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.''
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\5\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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