Advance Notification of Sunset Review; Correction, 66244-66245 [2018-27864]

Download as PDF 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 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices Background On December 3, 2018, Commerce published the January 2019 Advance Sunset Review Notice,1 in which Commerce inadvertently omitted Sodium Nitrite from China (C–570–926) from the list of sunset reviews that will initiate on January 2019; we are advancing the initiation of this sunset review to promote administrative efficiency. Additionally, the January 2019 Advance Sunset Review Notice listed the incorrect case numbers for two sunset reviews involving Certain Hot-Rolled Carbon Steel Flat Products from Indonesia. The correct case numbers for the Certain Hot-Rolled Carbon Steel Flat Products from Indonesia sunset reviews are (A–560– 812) and (C–560–813). This notice serves to correct the January 2019 Advance Sunset Review Notice for the aforementioned items. This correction notice for the advance notification of sunset reviews is being published in accordance with section 751(c) of the Act and 19 CFR 351.218 (c). Dated: December 18, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2018–27864 Filed 12–21–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XG694 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the U.S. Navy Training and Testing Activities in the Atlantic Fleet Training and Testing Study Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application and request for Letters of Authorization extension; request for comments and information. amozie on DSK3GDR082PROD with NOTICES1 AGENCY: NMFS has received a request from the U.S. Navy (Navy) to amend NMFS’ Marine Mammal Protection Act SUMMARY: 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review, 83 FR 62292 (December 3, 2018) (January 2019 Advance Sunset Review Notice). VerDate Sep<11>2014 20:07 Dec 21, 2018 Jkt 247001 (MMPA) regulations authorizing the take of marine mammals incidental to Navy training and testing activities conducted in the Atlantic Fleet Training and Testing (AFTT) Study Area from November 2018 to November 2023 to cover seven years of the Navy’s activities, instead of five. Section 316 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (2019 NDAA), signed into law on August 13, 2018, amended the MMPA to extend the maximum period for MMPA incidental take regulations under section 101(a)(5)(A) from five to seven years for military readiness activities. The Navy’s activities qualify as military readiness activities pursuant to the MMPA, as amended by the NDAA for Fiscal Year 2004. The Navy proposes no changes to their specified activities, mitigation measures, monitoring, or reporting and requests that NMFS amend the final rule issued on November 14, 2018, to authorize incidental take of marine mammals for the two additional years now allowed under the statute. NMFS invites the public to provide information, suggestions, and comments on the Navy’s application. DATES: Comments and information must be received no later than January 25, 2019. ADDRESSES: Comments on the application should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. Physical comments should be sent to 1315 East-West Highway, Silver Spring, MD 20910 and electronic comments should be sent to ITP.Piniak@noaa.gov. Instructions: NMFS is not responsible for information or comments sent by any other method, to any other address or individual, or received after the end of the comment period. Information and comments received electronically, including all attachments, must not exceed a 25-megabyte file size. Attachments to electronic comments will be accepted in Microsoft Word or Excel or Adobe PDF file formats only. All information and comments received are a part of the public record and will generally be posted online at https:// www.fisheries.noaa.gov/permit/ incidental-take-authorizations-undermarine-mammal-protection-act without change. All personal identifying information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 66245 FOR FURTHER INFORMATION CONTACT: Wendy Piniak, Office of Protected Resources, NMFS, (301) 427–8401. An electronic copy of the Navy’s application may be obtained online at: https://www.fisheries.noaa.gov/ national/marine-mammal-protection/ incidental-take-authorizations-militaryreadiness-activities. In case of problems accessing these documents, please call the contact listed above. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An incidental take authorization shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring, and reporting of such takings are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. The MMPA states that the term ‘‘take’’ means to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill any marine mammal. The 2004 NDAA (Public Law 108–136) amended the MMPA to remove the ‘‘small numbers’’ and ‘‘specified geographical region’’ limitations for military readiness activities. It also amended the definition of ‘‘harassment’’ as it applies to military readiness activities to read as follows (Section 3(18)(B) of the MMPA): (i) Any act that injures or has the significant potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) Any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing disruption of natural behavioral patterns, including, but not limited to, migration, surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral patterns E:\FR\FM\26DEN1.SGM 26DEN1

Agencies

[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Notices]
[Pages 66244-66245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27864]


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DEPARTMENT OF COMMERCE

International Trade Administration


Advance Notification of Sunset Review; Correction

AGENCY: 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: 

[[Page 66245]]

Background

    On December 3, 2018, Commerce published the January 2019 Advance 
Sunset Review Notice,\1\ in which Commerce inadvertently omitted Sodium 
Nitrite from China (C-570-926) from the list of sunset reviews that 
will initiate on January 2019; we are advancing the initiation of this 
sunset review to promote administrative efficiency. Additionally, the 
January 2019 Advance Sunset Review Notice listed the incorrect case 
numbers for two sunset reviews involving Certain Hot-Rolled Carbon 
Steel Flat Products from Indonesia. The correct case numbers for the 
Certain Hot-Rolled Carbon Steel Flat Products from Indonesia sunset 
reviews are (A-560-812) and (C-560-813). This notice serves to correct 
the January 2019 Advance Sunset Review Notice for the aforementioned 
items.
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Advance Notification of Sunset Review, 83 
FR 62292 (December 3, 2018) (January 2019 Advance Sunset Review 
Notice).
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    This correction notice for the advance notification of sunset 
reviews is being published in accordance with section 751(c) of the Act 
and 19 CFR 351.218 (c).

    Dated: December 18, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-27864 Filed 12-21-18; 8:45 am]
 BILLING CODE 3510-DS-P