Certain Frozen Warmwater Shrimp From India: Preliminary Results of Antidumping Duty Changed Circumstances Review, 39809-39810 [2019-17100]

Download as PDF Federal Register / Vol. 84, No. 155 / Monday, August 12, 2019 / Notices On June 13, 2019, Commerce published in the Federal Register the notice of initiation of this antidumping duty administrative review with respect to Bongsan.4 On July 23 and 24, 2019, Bongsan and the petitioner, respectively, timely withdrew their requests for administrative review of the antidumping duty order with respect to Bongsan.5 Rescission of the 2018–2019 Administrative Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation of the requested review. The instant review was initiated on June 13, 2019. Bongsan withdrew its request for review on July 23, 2019, and the petitioner withdrew its request for a review on July 24, 2019, which is within the 90-day deadline. No other party requested an administrative review of this order. Therefore, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review of the antidumping duty order on phosphor copper from the Republic of Korea in its entirety. Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of phosphor copper from Korea. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of this notice of rescission of administrative review in the Federal Register. jspears on DSK3GMQ082PROD with NOTICES Notification to Importers This notice also serves as a final reminder to importers for whom this review is being rescinded of their 17:16 Aug 09, 2019 Jkt 247001 Notification Regarding Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with section 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: August 6, 2019. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2019–17195 Filed 8–9–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–840] Certain Frozen Warmwater Shrimp From India: Preliminary Results of Antidumping Duty Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that Sunrise Seafoods India Private Limited (SSIPL) is the successor-ininterest to Sunrise Aqua Food Exports (SAFE) in the context of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from India. DATES: Applicable August 12, 2019. FOR FURTHER INFORMATION CONTACT: Brittany Bauer, AD/CVD Operations, Office II, Enforcement and Compliance, AGENCY: Review,’’ dated April 26, 2019; see also Bongsan’s Letter, ‘‘Phosphor Copper from the Republic of Korea—Request for Administrative Review,’’ dated April 30, 2019. 4 See Initiation of Antidumping or Countervailing Administrative Reviews, 84 FR 27587 (June 13, 2019) (Initiation Notice). 5 See Petitioner’s Letter, ‘‘Phosphor Copper from the Republic of Korea: Request to Withdraw Administrative Review,’’ dated July 24, 2019 (Petitioner’s Withdrawal Request); see also Bongsan’s Letter, ‘‘Phosphor Copper from the Republic of Korea—Withdrawal of Request for Administrative Review,’’ dated July 23, 2019 (Bongsan’s Withdrawal Request). VerDate Sep<11>2014 responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of double antidumping duties. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 39809 International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3860. SUPPLEMENTARY INFORMATION: Background On December 26, 2018, in response to a request by SSIPL, Commerce published a notice of initiation of changed circumstances review to consider whether SSIPL is the successor-in-interest to SAFE.1 On March 5, 2019, we issued a supplemental questionnaire to SSIPL,2 and we received a response during the same month.3 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. Preliminary Results In this changed circumstances review, pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), Commerce conducted a successor-ininterest analysis. In making a successorin-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.5 While no single 1 See Certain Frozen Warmwater Shrimp from India: Initiation of Antidumping Duty Changed Circumstances Review, 83 FR 66244 (December 26, 2018). 2 See Commerce’s Letter, ‘‘Certain Frozen Warmwater Shrimp from India: Successor-InInterest Changed Circumstances Review Supplemental Questionnaire,’’ dated March 5, 2019. 3 See SSIPL’s March 15, 2019 Supplemental Questionnaire Response (SSIPL March 15, 2019 SQR). 4 For a complete description of the Scope of the Order, see Memorandum, ‘‘Certain Frozen Warmwater Shrimp from India: Preliminary Results of Changed Circumstances Review,’’ dated concurrently with this notice. 5 See, e.g., Certain Frozen Warmwater Shrimp from India: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 83 FR 37784 (August 2, 2018) (Shrimp from India Preliminary Results), unchanged in Certain Frozen Warmwater Shrimp from India: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 83 FR 49909 (October 3, 2018) (Shrimp from India Final Results). E:\FR\FM\12AUN1.SGM 12AUN1 39810 Federal Register / Vol. 84, No. 155 / Monday, August 12, 2019 / Notices 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.6 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.7 In accordance with 19 CFR 351.216, we preliminarily determine that SSIPL is the successor-in-interest to SAFE. Record evidence, as submitted by SSIPL, indicates that SSIPL operates as essentially the same business entity as SAFE with respect to the subject merchandise.8 For the complete successor-in-interest analysis, including discussion of business proprietary information, refer to the accompanying successor-in-interest memorandum.9 each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.10 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:// access.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. 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.11 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). 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 Dated: August 5, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. jspears on DSK3GMQ082PROD with NOTICES 6 See, e.g., Shrimp from India Preliminary Results, 83 FR at 37784, unchanged in Shrimp from India Final Results, 83 FR at 49909. 7 See Shrimp from India Preliminary Results, 83 FR at 37784, unchanged in Shrimp from India Final Results, 83 FR at 49910; 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-ininterest to the company before it changed its name. 8 See SSIPL’s Letter, ‘‘Frozen Warmwater Shrimp from India: Request to Initiate a Successor-inInterest Changed Circumstances Review,’’ dated October 31, 2018, and SSIPL March 15, 2019 SQR. 9 See Memorandum, ‘‘Certain Frozen Warmwater Shrimp from India: Preliminary Results of Changed Circumstances Review,’’ dated concurrently with this notice. VerDate Sep<11>2014 17:16 Aug 09, 2019 Jkt 247001 [FR Doc. 2019–17100 Filed 8–9–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XV019 Pacific Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting (webinar). AGENCY: The Pacific Fishery Management Council’s (Pacific Council) Highly Migratory Species Management Team (HMSMT) will hold a webinar, which is open to the public. DATES: The webinar meeting will be held on Tuesday, August 27, 2019, from 1:30 p.m. until 4:30 p.m., Pacific Daylight Time. The webinar time is an estimate; the meeting will adjourn when business for the day is completed. ADDRESSES: The meeting will be held via webinar. A public listening station SUMMARY: 10 See 11 See PO 00000 19 CFR 351.309(c)(2). 19 CFR 351.303(b). Frm 00015 Fmt 4703 Sfmt 4703 is available at the Pacific Council office (address below). To attend the webinar (1) join the meeting by visiting this link https://www.gotomeeting.com/webinar, (2) enter the Webinar ID: 544–381–883, and (3) enter your name and email address (required). After logging in to the webinar, please (1) dial this TOLL number 1–562–247–8321 (not a toll-free number), (2) enter the attendee phone audio access code 835–605–745, and (3) enter the provided audio PIN after joining the webinar. You must enter this PIN for audio access. NOTE: We have disabled Mic/Speakers as an option and require all participants to use a telephone or cell phone to participate. Technical Information and system requirements: PC-based attendees are required to use Windows® 7, Vista, or XP; Mac®-based attendees are required to use Mac OS® X 10.5 or newer; Mobile attendees are required to use iPhone®, iPad®, AndroidTM phone or Android tablet (See the https:// www.gotomeeting.com/webinar/ipadiphone-android-webinar-apps.) You may send an email to Mr. Kris Kleinschmidt at Kris.Kleinschmidt@ noaa.gov or contact him at (503) 820– 2280, extension 411 for technical assistance. A public listening station will also be available at the Pacific Council office. Council address: Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220. FOR FURTHER INFORMATION CONTACT: Dr. Kit Dahl, Pacific Council; telephone: (503) 820–2422. SUPPLEMENTARY INFORMATION: The primary purpose of this HMSMT webinar is to prepare for the September 2019 Council meeting. The Highly Migratory Species topics on the Council’s September agenda are: (1) National Marine Fisheries Report, (2) Recommend International Management Activities, (3) Exempted Fishing Permits: Final Recommendations, and (4) Deep-Set Buoy Gear Authorization: Final Preferred Alternative. In addition, the HMSMT will discuss potential recommendations for updates to the vision (purpose, goals and objectives) of the Council’s Fishery Ecosystem Plan. The HMSMT may also discuss other items related to Highly Migratory Species management and administrative Pacific Council agenda items. A detailed agenda for the webinar will be available on the Pacific Council’s website prior to the meeting. No management actions will be decided by the HMSMT. Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the E:\FR\FM\12AUN1.SGM 12AUN1

Agencies

[Federal Register Volume 84, Number 155 (Monday, August 12, 2019)]
[Notices]
[Pages 39809-39810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17100]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-840]


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

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that 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 August 12, 2019.

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 December 26, 2018, in response to a request by SSIPL, Commerce 
published a notice of initiation of changed circumstances review to 
consider whether SSIPL is the successor-in-interest to SAFE.\1\ On 
March 5, 2019, we issued a supplemental questionnaire to SSIPL,\2\ and 
we received a response during the same month.\3\
---------------------------------------------------------------------------

    \1\ See Certain Frozen Warmwater Shrimp from India: Initiation 
of Antidumping Duty Changed Circumstances Review, 83 FR 66244 
(December 26, 2018).
    \2\ See Commerce's Letter, ``Certain Frozen Warmwater Shrimp 
from India: Successor-In-Interest Changed Circumstances Review 
Supplemental Questionnaire,'' dated March 5, 2019.
    \3\ See SSIPL's March 15, 2019 Supplemental Questionnaire 
Response (SSIPL March 15, 2019 SQR).
---------------------------------------------------------------------------

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 
Memorandum, ``Certain Frozen Warmwater Shrimp from India: 
Preliminary Results of Changed Circumstances Review,'' dated 
concurrently with this notice.
---------------------------------------------------------------------------

Preliminary Results

    In this changed circumstances review, pursuant to section 751(b) of 
the Tariff Act of 1930, as amended (the Act), Commerce conducted a 
successor-in-interest analysis. 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.\5\ While 
no single

[[Page 39810]]

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.\6\ 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.\7\
---------------------------------------------------------------------------

    \5\ See, e.g., Certain Frozen Warmwater Shrimp from India: 
Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review, 83 FR 37784 (August 2, 2018) (Shrimp from 
India Preliminary Results), unchanged in Certain Frozen Warmwater 
Shrimp from India: Notice of Final Results of Antidumping Duty 
Changed Circumstances Review, 83 FR 49909 (October 3, 2018) (Shrimp 
from India Final Results).
    \6\ See, e.g., Shrimp from India Preliminary Results, 83 FR at 
37784, unchanged in Shrimp from India Final Results, 83 FR at 49909.
    \7\ See Shrimp from India Preliminary Results, 83 FR at 37784, 
unchanged in Shrimp from India Final Results, 83 FR at 49910; 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.
---------------------------------------------------------------------------

    In accordance with 19 CFR 351.216, we preliminarily determine that 
SSIPL is the successor-in-interest to SAFE. Record evidence, as 
submitted by SSIPL, indicates that SSIPL operates as essentially the 
same business entity as SAFE with respect to the subject 
merchandise.\8\ For the complete successor-in-interest analysis, 
including discussion of business proprietary information, refer to the 
accompanying successor-in-interest memorandum.\9\
---------------------------------------------------------------------------

    \8\ See SSIPL's Letter, ``Frozen Warmwater Shrimp from India: 
Request to Initiate a Successor-in-Interest Changed Circumstances 
Review,'' dated October 31, 2018, and SSIPL March 15, 2019 SQR.
    \9\ See Memorandum, ``Certain Frozen Warmwater Shrimp from 
India: Preliminary Results of Changed Circumstances Review,'' dated 
concurrently with this notice.
---------------------------------------------------------------------------

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.\10\ 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://access.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. 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.\11\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309(c)(2).
    \11\ 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: August 5, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-17100 Filed 8-9-19; 8:45 am]
 BILLING CODE 3510-DS-P

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