Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 36091-36093 [2021-14571]
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Federal Register / Vol. 86, No. 128 / Thursday, July 8, 2021 / Notices
proposed fees are both reasonable and
acceptable for the type of recreation
experience they provide.
Once public involvement is complete,
these new fees will be reviewed by a
Resource Advisory Committee prior to a
final decision and implementation.
Cabins will be available for overnight
rental at $160 per night for the Burgdorf
Guard Station, $100 per night for the
Paddy Flat Guard Station, and $120 per
night for a bunkhouse and $130 per
night for a cabin at the Warren Guard
Station. Seasons for each of these sites
will be July 1 to September 30. Fees are
assessed based on the level of amenities
and services provided, cost of operation
and maintenance, and market
assessment. Funds from the rental will
be used for the continued operation and
maintenance of these sites.
People wanting to rent any of these
sites will need to do so through
Recreation.gov, at www.recreation.gov
or by calling 1–877–444–6777.
Recreation.gov charges an $8 fee for
reservations.
Dated: July 1, 2021.
Jennifer Eberlien,
Associate Deputy Chief, NFS.
[FR Doc. 2021–14541 Filed 7–7–21; 8:45 am]
BILLING CODE 3411–15–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Notice of Initiation and
Preliminary Results 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 (CCR) to
determine whether Camimex Group
Joint Stock Company is the successorin-interest to Camau Frozen Seafood
Processing Import Export Corporation in
the context of the antidumping duty
(AD) order on certain frozen warmwater
shrimp (shrimp) from the Socialist
Republic of Vietnam (Vietnam). We also
preliminarily determine that Camimex
Group Joint Stock Company is the
successor-in-interest to Camau Frozen
Seafood Processing Import Export
Corporation. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable July 8, 2021.
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
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FOR FURTHER INFORMATION CONTACT:
Irene Gorelik or Samuel Glickstein, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6905 or
(202) 482–5307, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2005, Commerce
published the AD order on shrimp from
Vietnam.1 In the original investigation,
we selected Camau Frozen Seafood
Processing Import Export Corporation as
a mandatory respondent and granted it
a separate rate.2 Camau Frozen Seafood
Processing Import Export Corporation’s
separate rate status has not changed in
subsequent administrative reviews of
the Order. Most recently, in the
administrative review covering the
period February 1, 2017, through
January 31, 2018, we assigned Camau
Frozen Seafood Processing Import
Export Corporation a separate rate, as a
non-individually examined exporter
under review.3
On June 2, 2021, Camimex Group
Joint Stock Company requested that,
pursuant to section 751(b) of the Tariff
Act of 1930, as amended (the Act),
Commerce conduct a CCR of the Order
to confirm that Camimex Group Joint
Stock Company is the successor-ininterest to Camau Frozen Seafood
Processing Import Export Corporation
and, accordingly, to assign it the cash
deposit rate of its predecessor.4 In its
request, Camimex Group Joint Stock
Company stated that it undertook a legal
name change from Camau Frozen
Seafood Processing Import Export
Corporation, but the company is,
otherwise, unchanged with regard to the
factors to be examined.5 No interested
parties filed comments opposing the
CCR request.
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam, 70 FR 5152
(February 1, 2005) (Order).
2 Id.
3 See Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Final Results of
Antidumping Duty Administrative Review, 2017–
2018, 84 FR 44859, 44860 (August 27, 2019).
4 See Camimex Group Joint Stock Company’s
Letter, ‘‘Request for Changed Circumstances
Review,’’ dated June 2, 2021 (CCR Request).
Camimex Group Joint Stock Company also
requested that Commerce conduct an expedited
initiation and preliminary results of CCR, pursuant
to 19 CFR 351.221(c)(3)(ii).
5 Id. at 4–9.
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36091
Scope of the Order
The merchandise subject to the Order
is certain frozen warmwater shrimp.
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 for customs purposes, the written
product description, provided in the
Appendix, remains dispositive.
Initiation and Preliminary Results of
CCR
Pursuant to section 751(b)(1) of the
Act, and 19 CFR 351.216, Commerce
will conduct a CCR upon receipt of
information concerning, or a request
from an interested party for a review of,
an AD order which shows changed
circumstances sufficient to warrant a
review of the order. The information
submitted by Camimex Group Joint
Stock Company supporting its claim
that it is the successor-in-interest to
Camau Frozen Seafood Processing
Import Export Corporation,
demonstrates changed circumstances
sufficient to warrant such a review.6
Therefore, in accordance with
751(b)(1)(A) of the Act and 19 CFR
351.216(d), we are initiating a CCR
based on the information contained in
the CCR Request. Section
351.221(c)(3)(ii) of Commerce’s
regulations permits Commerce to
combine the notice of initiation of a
CCR and the notice of preliminary
results if Commerce 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.7
In making a successor-in-interest
determination, Commerce examines
several factors, including, but not
limited to, changes in the following: (1)
6 See 19 CFR 351.216(d); see also Notice of
Initiation and Preliminary Results of Antidumping
Duty Changed Circumstances Review: Carbon and
Certain Alloy Steel Wire Rod from Mexico, 75 FR
67685 (November 3, 2010).
7 See 19 CFR 351.221(C)(3)(II); see also, e.g.,
Notice of Initiation and Preliminary Results of
Changed Circumstances Reviews: Certain Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China, 85 FR 5193 (January 29, 2020),
unchanged in Certain Passenger Vehicle and Light
Truck Tires from the People’s Republic of China:
Final Results of Changed Circumstances Reviews,
85 FR 14638 (March 13, 2020).
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Federal Register / Vol. 86, No. 128 / Thursday, July 8, 2021 / Notices
lotter on DSK11XQN23PROD with NOTICES1
Management; (2) production facilities;
(3) supplier relationships; and (4)
customer base.8 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.9 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.10
In its CCR Request, Camimex Group
Joint Stock Company provided
information to demonstrate that it is the
successor-in-interest to Camau Frozen
Seafood Processing Import Export
Corporation. We have reviewed the
information provided to determine
whether there were changes in
management, production facilities,
supplier relationships, and customer
base.
With respect to management prior to
and following the name change,
Camimex Group Joint Stock Company
demonstrated that it has the same
management team, including the
chairman and members of the board, as
Camau Frozen Seafood Processing
Import Export Corporation.11
Additionally, Camimex Group Joint
Stock Company provided evidence that
its organizational structure is identical
to that of predecessor Camau Frozen
Seafood Processing Import Export
Corporation.12 Furthermore, Camimex
8 See Certain Pasta from Italy: Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review, 80 FR 33480, 33480–41
(June 12, 2015), unchanged in Certain Pasta from
Italy: Final Results of Changed Circumstances
Review, 80 FR 48807 (August 14, 2015) (Pasta from
Italy); {Certain} Frozen Warmwater Shrimp from
the Socialist Republic of Vietnam: Initiation and
Preliminary Results of Changed Circumstances
Review, 76 FR 20318 (April 12, 2011), unchanged
in {Certain} Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Final Results of
Antidumping Duty Changed Circumstances Review,
76 FR 30648 (May 26, 2011) (Shrimp from
Vietnam).
9 See Pasta from Italy; and Shrimp from Vietnam.
10 Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative
Review: Polychloroprene Rubber from Japan, 67 FR
58 (January 2, 2002); see also Ball Bearings and
Parts Thereof from France: Final Results of
Changed-Circumstances Review, 75 FR 34688 (June
18, 2010) (Commerce found successorship where
the company changed its ownership structure, but
made only minor changes to its operations,
management, supplier relationships, and customer
base).
11 See CCR Request at 6–7 and Attachment 5.
12 Id.
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16:47 Jul 07, 2021
Jkt 253001
Group Joint Stock Company provided
evidence that its production facilities
and contents therein and those of
predecessor Camau Frozen Seafood
Processing Import Export Corporation
are unchanged; Camimex Group Joint
Stock Company retained the same
address as Camau Frozen Seafood
Processing Import Export Corporation.13
Camimex Group Joint Stock Company
also demonstrated that it continues to
source finished product from its
affiliated subsidiary, Camimex Seafood
Company Ltd. (the producer of subject
merchandise), which Camimex Group
Joint Stock Company, in turn, resells to
foreign and domestic markets. This is
unchanged from the producer/seller
relationship between subsidiary
producer, Camimex Seafood Company
Ltd. and predecessor Camau Frozen
Seafood Processing Import Export
Corporation.14 With regard to customer
base, in its CCR Request, Camimex
Group Joint Stock Company provided a
letter sent to customers and partners
notifying them of the company’s name
change, thereby demonstrating that it
retained the predecessor company’s
customers.15
Therefore, given the continuity noted
above, and consistent with our
practice,16 we preliminarily determine
that no significant changes occurred
with respect to Camau Frozen Seafood
Processing Import Export Corporation’s
management, production facilities,
suppliers, or customer base as a result
of the name change to Camimex Group
Joint Stock Company. In accordance
with 19 CFR 351.216, we preliminarily
determine that Camimex Group Joint
Stock Company is the successor-ininterest to Camau Frozen Seafood
Processing Import Export Corporation.
Record evidence demonstrates that
Camimex Group Joint Stock Company
operates as the same business entity as
Camau Frozen Seafood Processing
Import Export Corporation with respect
to subject merchandise, as discussed
above. As such, Camimex Group Joint
Stock Company is entitled to Camau
Frozen Seafood Processing Import
Export Corporation’s cash deposit rate
13 Id. at 7, 9–10 and Attachments 1 and 9.
Camimex Group Joint Stock Company also included
sales documentation demonstrating that it and the
predecessor company share the same address,
telephone number, and email address.
14 Id. at 7 and Attachment 6.
15 Id. at 8–9 and Attachment 8.
16 See, e.g., Certain Softwood Lumber Products
from Canada: Notice of Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review, 86 FR 22934 (April 30,
2021), unchanged in Certain Softwood Lumber
Products from Canada: Notice of Final Results of
Antidumping Duty Changed Circumstances Review,
86 FR 33222 (June 24, 2021).
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with respect to entries of subject
merchandise.
Should our final results remain
unchanged from these preliminary
results, we will instruct U.S. Customs
and Border Protection to assign entries
of subject merchandise exported by
Camimex Group Joint Stock Company
the AD cash deposit rate applicable to
Camau Frozen Seafood Processing
Import Export Corporation. Commerce
will issue its final results of the review
in accordance with the time limits set
forth in 19 CFR 351.216(e).
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 seven days after the case
briefs, in accordance with 19 CFR
351.309(d).17 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.18 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 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.19 Note that Commerce
has temporarily modified certain
requirements for serving documents
containing business proprietary
information, until further notice.20
Consistent with 19 CFR 351.216(e),
Commerce will issue the final results of
this CCR no later than 270 days after the
date on which this review was initiated,
or within 45 days of publication of these
preliminary results, 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)
and 351.221(c)(3)(ii).
17 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006, 17007 (March 26, 2020).
18 See 19 CFR 351.309(c)(2).
19 See 19 CFR 351.303(b).
20 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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Federal Register / Vol. 86, No. 128 / Thursday, July 8, 2021 / Notices
Dated: July 1, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
lotter on DSK11XQN23PROD with NOTICES1
Appendix
Scope of the Order
The scope of the order includes certain
frozen warmwater shrimp and prawns,
whether wildcaught (ocean harvested) or
farm-raised (produced by aquaculture), headon or head-off, shell-on or peeled, tail-on or
tail-off,21 deveined or not deveined, cooked
or raw, or otherwise processed in frozen
form.
The frozen warmwater shrimp and prawn
products included in the scope of the order,
regardless of definitions in the Harmonized
Tariff Schedule of the United States (‘‘HTS’’),
are products which are processed from
warmwater shrimp and prawns through
freezing and which are sold in any count
size.
The products described above may be
processed from any species of warmwater
shrimp and prawns. Warmwater shrimp and
prawns are generally classified in, but are not
limited to, the Penaeidae family. Some
examples of the farmed and wild-caught
warmwater species include, but are not
limited to, white-leg shrimp (Penaeus
vannemei), banana prawn (Penaeus
merguiensis), fleshy prawn (Penaeus
chinensis), giant river prawn
(Macrobrachium rosenbergii), giant tiger
prawn (Penaeus monodon), redspotted
shrimp (Penaeus brasiliensis), southern
brown shrimp (Penaeus subtilis), southern
pink shrimp (Penaeus notialis), southern
rough shrimp (Trachypenaeus curvirostris),
southern white shrimp (Penaeus schmitti),
blue shrimp (Penaeus stylirostris), western
white shrimp (Penaeus occidentalis), and
Indian white prawn (Penaeus indicus).
Frozen shrimp and prawns that are packed
with marinade, spices or sauce are included
in the scope of the order. In addition, food
preparations, which are not ‘‘prepared
meals,’’ that contain more than 20 percent by
weight of shrimp or prawn are also included
in the scope of the order. Excluded from the
scope are: (1) Breaded shrimp and prawns
(HTS subheading 1605.20.10.20); (2) shrimp
and prawns generally classified in the
Pandalidae family and commonly referred to
as coldwater shrimp, in any state of
processing; (3) fresh shrimp and prawns
whether shell-on or peeled (HTS subheadings
0306.23.00.20 and 0306.23.00.40); (4) shrimp
and prawns in prepared meals (HTS
subheading 1605.20.05.10); (5) dried shrimp
and prawns; (6) canned warmwater shrimp
and prawns (HTS subheading 1605.20.10.40);
and (7) certain battered shrimp. Battered
shrimp is a shrimp-based product: (1) That is
produced from fresh (or thawed-from-frozen)
and peeled shrimp; (2) to which a ‘‘dusting’’
layer of rice or wheat flour of at least 95
percent purity has been applied; (3) with the
entire surface of the shrimp flesh thoroughly
and evenly coated with the flour; (4) with the
non-shrimp content of the end product
21 ‘‘Tails’’ in this context means the tail fan which
includes the telson and the uropods.
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Jkt 253001
constituting between four and 10 percent of
the product’s total weight after being dusted,
but prior to being frozen; and (5) that is
subjected to individually quick frozen
(‘‘IQF’’) freezing immediately after
application of the dusting layer. When
dusted in accordance with the definition of
dusting above, the battered shrimp product is
also coated with a wet viscous layer
containing egg and/or milk, and par-fried.
The products covered by this order are
currently classified under the following HTS
subheadings: 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. These HTS subheadings
are provided for convenience and for
customs purposes only and are not
dispositive, but rather the written description
of the scope of this order is dispositive.22
[FR Doc. 2021–14571 Filed 7–7–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–135]
Certain Chassis and Subassemblies
Thereof From the People’s Republic of
China: Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and
International Trade Commission (ITC),
Commerce is issuing its antidumping
duty (AD) order on certain chassis and
subassemblies thereof (chassis) from the
People’s Republic of China (China).
DATES: Applicable July 8, 2021.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla or Mary Kolberg, 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) 482–3477 or (202) 482–1785,
respectively.
AGENCY:
22 On April 26, 2011, Commerce amended the
order to include dusted shrimp, pursuant to the
U.S. Court of International Trade (CIT) decision in
Ad Hoc Shrimp Trade Action Committee v. United
States, 703 F. Supp. 2d 1330 (CIT 2010) and the
U.S. International Trade Commission (USITC)
determination, which found the domestic like
product to include dusted shrimp. See Certain
Frozen Warmwater Shrimp from Brazil, India, the
People’s Republic of China, Thailand, and the
Socialist Republic of Vietnam: Amended
Antidumpling Duty Orders in Accordance with
Final Court Decision, 76 FR 23277 (April 26, 2011);
see also Ad Hoc Shrimp Trade Action Committee
v. United States, 703 F. Supp. 2d 1330 (CIT 2010;
and Frozen Warmwater Shrimp from Brazil, China,
India, Thailand, and Vietnam (Investigation Nos.
731–TA–1063, 1064, 1066–1068 (Review), USITC
Publication 4221, March 2011.
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36093
SUPPLEMENTARY INFORMATION:
Background
On May 17, 2021, Commerce
published its affirmative final
determination in the less-than-fair-value
(LTFV) investigation of chassis from
China.1 On July 1, 2021, the ITC notified
Commerce of its affirmative final
determination that, pursuant to sections
735(b)(1)(A)(i) and 735(d) of the Act, an
industry in the United States is
materially injured by reason of imports
of subject merchandise from China that
are sold in the United States at LTFV.2
Scope of the Order
The products covered by the order are
certain chassis and subassemblies
thereof from China. For a full
description of the scope of this order,
see the appendix of this notice.
AD Order
On July 1, 2021, in accordance with
sections 735(b)(1)(A)(i) and 735(d) of the
Act, the ITC notified Commerce of its
final determination that an industry in
the United States is materially injured
by reason of imports of chassis from
China that are sold in the United States
at LTFV.3 Therefore, in accordance with
section 735(c)(2) of the Act, we are
issuing this AD order. Because the ITC
determined that imports of chassis from
China are materially injuring a U.S.
industry, unliquidated entries of such
merchandise from China entered, or
withdrawn from warehouse, for
consumption are subject to the
assessment of antidumping duties.
Therefore, in accordance with
sections 736(a)(1) of the Act, Commerce
will direct U.S. Customs and Border
Patrol (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise for all
relevant entries of chassis from China.
Antidumping duties will be assessed on
unliquidated entries of chassis from
China entered, or withdrawn from
warehouse, for consumption on or after
March 4, 2021, the date of publication
of the AD Preliminary Determination,
but will not include entries occurring
after the expiration of the provisional
measures period and before the
publication of the ITC’s final injury
1 See Certain Chassis and Subassemblies Thereof
from the People’s Republic of China: Final
Affirmative Determination of Sales at Less Than
Fair Value, 86 FR 26694 (May 17, 2021).
2 See ITC’s Letter, ‘‘Notification of ITC Final
Determination,’’ dated July 1, 2021 (ITC
Notification Letter)
3 Id.
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Agencies
[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Pages 36091-36093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14571]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Notice of Initiation and Preliminary Results 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 (CCR) to determine whether Camimex Group Joint
Stock Company is the successor-in-interest to Camau Frozen Seafood
Processing Import Export Corporation in the context of the antidumping
duty (AD) order on certain frozen warmwater shrimp (shrimp) from the
Socialist Republic of Vietnam (Vietnam). We also preliminarily
determine that Camimex Group Joint Stock Company is the successor-in-
interest to Camau Frozen Seafood Processing Import Export Corporation.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable July 8, 2021.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Samuel Glickstein,
AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6905
or (202) 482-5307, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2005, Commerce published the AD order on shrimp from
Vietnam.\1\ In the original investigation, we selected Camau Frozen
Seafood Processing Import Export Corporation as a mandatory respondent
and granted it a separate rate.\2\ Camau Frozen Seafood Processing
Import Export Corporation's separate rate status has not changed in
subsequent administrative reviews of the Order. Most recently, in the
administrative review covering the period February 1, 2017, through
January 31, 2018, we assigned Camau Frozen Seafood Processing Import
Export Corporation a separate rate, as a non-individually examined
exporter under review.\3\
---------------------------------------------------------------------------
\1\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater
Shrimp from the Socialist Republic of Vietnam, 70 FR 5152 (February
1, 2005) (Order).
\2\ Id.
\3\ See Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Final Results of Antidumping Duty
Administrative Review, 2017-2018, 84 FR 44859, 44860 (August 27,
2019).
---------------------------------------------------------------------------
On June 2, 2021, Camimex Group Joint Stock Company requested that,
pursuant to section 751(b) of the Tariff Act of 1930, as amended (the
Act), Commerce conduct a CCR of the Order to confirm that Camimex Group
Joint Stock Company is the successor-in-interest to Camau Frozen
Seafood Processing Import Export Corporation and, accordingly, to
assign it the cash deposit rate of its predecessor.\4\ In its request,
Camimex Group Joint Stock Company stated that it undertook a legal name
change from Camau Frozen Seafood Processing Import Export Corporation,
but the company is, otherwise, unchanged with regard to the factors to
be examined.\5\ No interested parties filed comments opposing the CCR
request.
---------------------------------------------------------------------------
\4\ See Camimex Group Joint Stock Company's Letter, ``Request
for Changed Circumstances Review,'' dated June 2, 2021 (CCR
Request). Camimex Group Joint Stock Company also requested that
Commerce conduct an expedited initiation and preliminary results of
CCR, pursuant to 19 CFR 351.221(c)(3)(ii).
\5\ Id. at 4-9.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is certain frozen warmwater
shrimp. 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 for customs
purposes, the written product description, provided in the Appendix,
remains dispositive.
Initiation and Preliminary Results of CCR
Pursuant to section 751(b)(1) of the Act, and 19 CFR 351.216,
Commerce will conduct a CCR upon receipt of information concerning, or
a request from an interested party for a review of, an AD order which
shows changed circumstances sufficient to warrant a review of the
order. The information submitted by Camimex Group Joint Stock Company
supporting its claim that it is the successor-in-interest to Camau
Frozen Seafood Processing Import Export Corporation, demonstrates
changed circumstances sufficient to warrant such a review.\6\
Therefore, in accordance with 751(b)(1)(A) of the Act and 19 CFR
351.216(d), we are initiating a CCR based on the information contained
in the CCR Request. Section 351.221(c)(3)(ii) of Commerce's regulations
permits Commerce to combine the notice of initiation of a CCR and the
notice of preliminary results if Commerce 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.\7\
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\6\ See 19 CFR 351.216(d); see also Notice of Initiation and
Preliminary Results of Antidumping Duty Changed Circumstances
Review: Carbon and Certain Alloy Steel Wire Rod from Mexico, 75 FR
67685 (November 3, 2010).
\7\ See 19 CFR 351.221(C)(3)(II); see also, e.g., Notice of
Initiation and Preliminary Results of Changed Circumstances Reviews:
Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China, 85 FR 5193 (January 29, 2020), unchanged in
Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China: Final Results of Changed Circumstances Reviews,
85 FR 14638 (March 13, 2020).
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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)
[[Page 36092]]
Management; (2) production facilities; (3) supplier relationships; and
(4) customer base.\8\ 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.\9\ 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.\10\
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\8\ See Certain Pasta from Italy: Initiation and Preliminary
Results of Antidumping Duty Changed Circumstances Review, 80 FR
33480, 33480-41 (June 12, 2015), unchanged in Certain Pasta from
Italy: Final Results of Changed Circumstances Review, 80 FR 48807
(August 14, 2015) (Pasta from Italy); {Certain{time} Frozen
Warmwater Shrimp from the Socialist Republic of Vietnam: Initiation
and Preliminary Results of Changed Circumstances Review, 76 FR 20318
(April 12, 2011), unchanged in {Certain{time} Frozen Warmwater
Shrimp from the Socialist Republic of Vietnam: Final Results of
Antidumping Duty Changed Circumstances Review, 76 FR 30648 (May 26,
2011) (Shrimp from Vietnam).
\9\ See Pasta from Italy; and Shrimp from Vietnam.
\10\ Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative Review:
Polychloroprene Rubber from Japan, 67 FR 58 (January 2, 2002); see
also Ball Bearings and Parts Thereof from France: Final Results of
Changed-Circumstances Review, 75 FR 34688 (June 18, 2010) (Commerce
found successorship where the company changed its ownership
structure, but made only minor changes to its operations,
management, supplier relationships, and customer base).
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In its CCR Request, Camimex Group Joint Stock Company provided
information to demonstrate that it is the successor-in-interest to
Camau Frozen Seafood Processing Import Export Corporation. We have
reviewed the information provided to determine whether there were
changes in management, production facilities, supplier relationships,
and customer base.
With respect to management prior to and following the name change,
Camimex Group Joint Stock Company demonstrated that it has the same
management team, including the chairman and members of the board, as
Camau Frozen Seafood Processing Import Export Corporation.\11\
Additionally, Camimex Group Joint Stock Company provided evidence that
its organizational structure is identical to that of predecessor Camau
Frozen Seafood Processing Import Export Corporation.\12\ Furthermore,
Camimex Group Joint Stock Company provided evidence that its production
facilities and contents therein and those of predecessor Camau Frozen
Seafood Processing Import Export Corporation are unchanged; Camimex
Group Joint Stock Company retained the same address as Camau Frozen
Seafood Processing Import Export Corporation.\13\
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\11\ See CCR Request at 6-7 and Attachment 5.
\12\ Id.
\13\ Id. at 7, 9-10 and Attachments 1 and 9. Camimex Group Joint
Stock Company also included sales documentation demonstrating that
it and the predecessor company share the same address, telephone
number, and email address.
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Camimex Group Joint Stock Company also demonstrated that it
continues to source finished product from its affiliated subsidiary,
Camimex Seafood Company Ltd. (the producer of subject merchandise),
which Camimex Group Joint Stock Company, in turn, resells to foreign
and domestic markets. This is unchanged from the producer/seller
relationship between subsidiary producer, Camimex Seafood Company Ltd.
and predecessor Camau Frozen Seafood Processing Import Export
Corporation.\14\ With regard to customer base, in its CCR Request,
Camimex Group Joint Stock Company provided a letter sent to customers
and partners notifying them of the company's name change, thereby
demonstrating that it retained the predecessor company's customers.\15\
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\14\ Id. at 7 and Attachment 6.
\15\ Id. at 8-9 and Attachment 8.
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Therefore, given the continuity noted above, and consistent with
our practice,\16\ we preliminarily determine that no significant
changes occurred with respect to Camau Frozen Seafood Processing Import
Export Corporation's management, production facilities, suppliers, or
customer base as a result of the name change to Camimex Group Joint
Stock Company. In accordance with 19 CFR 351.216, we preliminarily
determine that Camimex Group Joint Stock Company is the successor-in-
interest to Camau Frozen Seafood Processing Import Export Corporation.
Record evidence demonstrates that Camimex Group Joint Stock Company
operates as the same business entity as Camau Frozen Seafood Processing
Import Export Corporation with respect to subject merchandise, as
discussed above. As such, Camimex Group Joint Stock Company is entitled
to Camau Frozen Seafood Processing Import Export Corporation's cash
deposit rate with respect to entries of subject merchandise.
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\16\ See, e.g., Certain Softwood Lumber Products from Canada:
Notice of Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 86 FR 22934 (April 30, 2021),
unchanged in Certain Softwood Lumber Products from Canada: Notice of
Final Results of Antidumping Duty Changed Circumstances Review, 86
FR 33222 (June 24, 2021).
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Should our final results remain unchanged from these preliminary
results, we will instruct U.S. Customs and Border Protection to assign
entries of subject merchandise exported by Camimex Group Joint Stock
Company the AD cash deposit rate applicable to Camau Frozen Seafood
Processing Import Export Corporation. Commerce will issue its final
results of the review in accordance with the time limits set forth in
19 CFR 351.216(e).
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 seven days after the case briefs, in
accordance with 19 CFR 351.309(d).\17\ 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.\18\ 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 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.\19\ Note that Commerce has temporarily modified certain
requirements for serving documents containing business proprietary
information, until further notice.\20\
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\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006, 17007 (March 26, 2020).
\18\ See 19 CFR 351.309(c)(2).
\19\ See 19 CFR 351.303(b).
\20\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Consistent with 19 CFR 351.216(e), Commerce will issue the final
results of this CCR no later than 270 days after the date on which this
review was initiated, or within 45 days of publication of these
preliminary results, 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) and 351.221(c)(3)(ii).
[[Page 36093]]
Dated: July 1, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
Scope of the Order
The scope of the order includes certain frozen warmwater shrimp
and prawns, whether wildcaught (ocean harvested) or farm-raised
(produced by aquaculture), head-on or head-off, shell-on or peeled,
tail-on or tail-off,\21\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
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\21\ ``Tails'' in this context means the tail fan which includes
the telson and the uropods.
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The frozen warmwater shrimp and prawn products included in the
scope of the order, regardless of definitions in the Harmonized
Tariff Schedule of the United States (``HTS''), are products which
are processed from warmwater shrimp and prawns through freezing and
which are sold in any count size.
The products described above may be processed from any species
of warmwater shrimp and prawns. Warmwater shrimp and prawns are
generally classified in, but are not limited to, the Penaeidae
family. Some examples of the farmed and wild-caught warmwater
species include, but are not limited to, white-leg shrimp (Penaeus
vannemei), banana prawn (Penaeus merguiensis), fleshy prawn (Penaeus
chinensis), giant river prawn (Macrobrachium rosenbergii), giant
tiger prawn (Penaeus monodon), redspotted shrimp (Penaeus
brasiliensis), southern brown shrimp (Penaeus subtilis), southern
pink shrimp (Penaeus notialis), southern rough shrimp (Trachypenaeus
curvirostris), southern white shrimp (Penaeus schmitti), blue shrimp
(Penaeus stylirostris), western white shrimp (Penaeus occidentalis),
and Indian white prawn (Penaeus indicus).
Frozen shrimp and prawns that are packed with marinade, spices
or sauce are included in the scope of the order. In addition, food
preparations, which are not ``prepared meals,'' that contain more
than 20 percent by weight of shrimp or prawn are also included in
the scope of the order. Excluded from the scope are: (1) Breaded
shrimp and prawns (HTS subheading 1605.20.10.20); (2) shrimp and
prawns generally classified in the Pandalidae family and commonly
referred to as coldwater shrimp, in any state of processing; (3)
fresh shrimp and prawns whether shell-on or peeled (HTS subheadings
0306.23.00.20 and 0306.23.00.40); (4) shrimp and prawns in prepared
meals (HTS subheading 1605.20.05.10); (5) dried shrimp and prawns;
(6) canned warmwater shrimp and prawns (HTS subheading
1605.20.10.40); and (7) certain battered shrimp. Battered shrimp is
a shrimp-based product: (1) That is produced from fresh (or thawed-
from-frozen) and peeled shrimp; (2) to which a ``dusting'' layer of
rice or wheat flour of at least 95 percent purity has been applied;
(3) with the entire surface of the shrimp flesh thoroughly and
evenly coated with the flour; (4) with the non-shrimp content of the
end product constituting between four and 10 percent of the
product's total weight after being dusted, but prior to being
frozen; and (5) that is subjected to individually quick frozen
(``IQF'') freezing immediately after application of the dusting
layer. When dusted in accordance with the definition of dusting
above, the battered shrimp product is also coated with a wet viscous
layer containing egg and/or milk, and par-fried. The products
covered by this order are currently classified under the following
HTS subheadings: 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. These HTS subheadings are provided for convenience
and for customs purposes only and are not dispositive, but rather
the written description of the scope of this order is
dispositive.\22\
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\22\ On April 26, 2011, Commerce amended the order to include
dusted shrimp, pursuant to the U.S. Court of International Trade
(CIT) decision in Ad Hoc Shrimp Trade Action Committee v. United
States, 703 F. Supp. 2d 1330 (CIT 2010) and the U.S. International
Trade Commission (USITC) determination, which found the domestic
like product to include dusted shrimp. See Certain Frozen Warmwater
Shrimp from Brazil, India, the People's Republic of China, Thailand,
and the Socialist Republic of Vietnam: Amended Antidumpling Duty
Orders in Accordance with Final Court Decision, 76 FR 23277 (April
26, 2011); see also Ad Hoc Shrimp Trade Action Committee v. United
States, 703 F. Supp. 2d 1330 (CIT 2010; and Frozen Warmwater Shrimp
from Brazil, China, India, Thailand, and Vietnam (Investigation Nos.
731-TA-1063, 1064, 1066-1068 (Review), USITC Publication 4221, March
2011.
[FR Doc. 2021-14571 Filed 7-7-21; 8:45 am]
BILLING CODE 3510-DS-P