Certain Frozen Warmwater Shrimp From India: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 67669-67671 [2022-24468]
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67669
Notices
Federal Register
Vol. 87, No. 216
Wednesday, November 9, 2022
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
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examples of documents appearing in this
section.
Dated: November 3, 2022.
Kristi Lane Scott,
Privacy and Civil Liberties Officer, Central
Intelligence Agency.
CENTRAL INTELLIGENCE AGENCY
Privacy Act of 1974; System of
Records and Routine Uses
SYSTEM LOCATION:
HISTORY:
Central Intelligence Agency,
Washington, DC 20505.
[FR Doc. 2022–24444 Filed 11–8–22; 8:45 am]
Pursuant to the Privacy Act of
1974, as amended, and Office of
Management and Budget (OMB)
Circular No. A–108, notice is hereby
given that the Central Intelligence
Agency (CIA or ‘‘the Agency’’) is
modifying one of its system of records
notices, CIA–21, Applicant Records, to
reflect the Agency’s maintenance of
records on prospective applicants.
DATES: In accordance with 5 U.S.C.
552a(e)(4) and (11), this system of
records is effective upon publication.
FOR FURTHER INFORMATION CONTACT:
Kristi Scott, Privacy and Civil Liberties
Officer, Central Intelligence Agency,
Washington, DC 20505, (571) 280–2700.
SUPPLEMENTARY INFORMATION: On July
22, 2005, the Agency published in the
Federal Register notices for all of its
Privacy Act systems of record. 70 FR
42,418. CIA included among them
notice to the public of CIA system of
records CIA–21, Applicant Records. CIA
maintains CIA–21 to, among other
purposes, ensure process integrity,
enable the CIA and the Director of the
CIA to carry out their lawful and
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individual’s qualifications for
employment from individuals who have
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CIA refers to these individuals as
‘‘prospective applicants.’’ To better
inform the public of CIA’s maintenance
of such records, CIA is modifying CIA–
21 to cover both applicants and
prospective applicants for employment
with the CIA. Specifically, CIA is
SECURITY CLASSIFICATION:
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RECORD SOURCE CATEGORIES:
The classification of records in this
system can range from UNCLASSIFIED
to TOP SECRET.
CIA–21
SUMMARY:
process integrity; to enable the CIA and
the Director of the CIA to carry out their
lawful and authorized responsibilities;
to review an applicant’s or prospective
applicant’s qualifications; for security
background investigations; for
suitability determinations; for medical
screening; and to determine whether
employment with the CIA will be
offered.
*
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[Delete existing paragraph and replace
with the following:]
CIA applicants or prospective
applicants; applicant or prospective
applicant references; educational
institutions and private organizations;
physicians and medical practitioners;
CIA employees; and other federal
agencies.
*
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Central Intelligence Agency.
ACTION: Notice of a modified system of
records.
AGENCY:
khammond on DSKJM1Z7X2PROD with NOTICES
modifying the ‘‘Purpose(s),’’ ‘‘Categories
of Individuals Covered by the System,’’
‘‘Categories of Records in the System,’’
and ‘‘Record Source Categories’’
paragraphs to include prospective
applicants.
In accordance with 5 U.S.C. 552a(r),
the Agency has provided a report to
OMB and Congress on this notice of a
modified system of records.
SYSTEM NAME:
Applicant Records
70 FR 42417, July 22, 2005.
SYSTEM MANAGER(S):
BILLING CODE 6310–02–P
Chief, Recruitment Center, Central
Intelligence Agency, Washington, DC
20505.
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DEPARTMENT OF COMMERCE
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
[A–533–840]
[Delete existing paragraph and replace
with the following:]
Applicants and prospective
applicants for employment with the
CIA.
Certain Frozen Warmwater Shrimp
From India: Notice of Initiation and
Preliminary Results of Antidumping
Duty Changed Circumstances Review
CATEGORIES OF RECORDS IN THE SYSTEM:
[Delete existing paragraph and replace
with the following:]
Records concerning the applicant or
prospective applicant, including:
biographic data, medical and
employment history statements,
educational transcripts, and personal
references; and records relating to
employment processing, including:
interview reports, test results,
correspondence, review comments, and
general processing records.
*
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PURPOSE(S):
[Delete existing paragraph and replace
with the following:]
Records are used by CIA human
resources management officials and
other authorized personnel: to ensure
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International Trade Administration
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is initiating a
changed circumstances review (CCR) to
determine if Kader Exports Private
Limited (Kader Exports) is the
successor-in-interest to the Liberty
Group in the context of the antidumping
duty (AD) order on certain frozen
warmwater shrimp (shrimp) from India.
We preliminarily determine that Kader
Exports is the successor-in-interest to
the Liberty Group.
DATES: Applicable November 9, 2022.
FOR FURTHER INFORMATION CONTACT:
Adam Simons, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
AGENCY:
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67670
Federal Register / Vol. 87, No. 216 / Wednesday, November 9, 2022 / Notices
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6172.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2005, Commerce
published in the Federal Register an AD
order on shrimp from India.1 On
September 19, 2022, Kader Exports
requested that Commerce conduct an
expedited changed circumstances
review, pursuant to section 751(b)(1) of
the Tariff Act of 1930, as amended (the
Act), 19 CFR 351.216, and 19 CFR
351.221(c)(3), to confirm that Kader
Exports is the successor-in-interest to
the Liberty Group 2 for the purposes of
determining AD cash deposits and
liabilities.3 In its submission, Kader
Exports notes that, in 2019, it
underwent a restructuring in which the
companies comprising the Liberty
Group were merged into Kader Exports.
In addition, Kader Exports notes that
Liberty Oil Mills, a producer of nonsubject merchandise, should no longer
be collapsed with Kader Exports.4
khammond on DSKJM1Z7X2PROD with NOTICES
Scope of the Order
The merchandise subject to the Order
is certain frozen warmwater shrimp.5
The product is currently classified
under the following Harmonized Tariff
Schedule of the United States (HTSUS)
numbers: 0306.17.00.03, 0306.17.00.04,
0306.17.00.05, 0306.17.00.06,
0306.17.00.07, 0306.17.00.08,
0306.17.00.09, 0306.17.00.10,
0306.17.00.11, 0306.17.00.12,
0306.17.00.13, 0306.17.00.14,
0306.17.00.15, 0306.17.00.16,
0306.17.00.17, 0306.17.00.18,
0306.17.00.19, 0306.17.00.20,
0306.17.00.21, 0306.17.00.22,
0306.17.00.23, 0306.17.00.24,
0306.17.00.25, 0306.17.00.26,
0306.17.00.27, 0306.17.00.28,
0306.17.00.29, 0306.17.00.40,
0306.17.00.41, 0306.17.00.42,
1605.21.10.30, and 1605.29.10.10.
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 The Liberty Group includes the following
affiliated companies: Devi Marine Food Exports
Private Limited, Kader Exports Private Limited
(Kader Exports), Kader Investment and Trading
Company Private Limited, Liberty Frozen Foods
Private Limited, Liberty Oil Mills Limited, Premier
Marine Products Pvt. Ltd., and Universal Cold
Storage Private Limited.
3 See Kader Exports’ Letter, ‘‘Request for an
expedited Changed Circumstances Review,’’ dated
September 19, 2022 (Kader Exports CCR Request).
4 Id.
5 For a complete description of the scope of the
Order, see Memorandum, ‘‘Initiation and
Preliminary Results of Changed Circumstances
Review,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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Although the HTSUS numbers are
provided for convenience and customs
purposes, the written product
description remains dispositive.
Initiation and Preliminary Results of
CCR
Pursuant to section 751(b)(1) of the
Act, 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 Kader Exports
supporting its claim that it is the
successor-in-interest to Liberty Group
demonstrates changed circumstances
sufficient to warrant such a review.6
Therefore, in accordance with section
751(b)(1)(A) of the Act and 19 CFR
351.216(d) and (e), we are initiating a
CCR based upon the information
contained in Kader Exports’ submission.
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.7 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.8
In this CCR, pursuant to section
751(b) of 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.9 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
6 See
19 CFR 351.216(d).
19 CFR 351.221(c)(3)(ii); see also Certain
Pasta from Italy: Initiation and Preliminary Results
of Antidumping Duty Changed Circumstances
Review, 80 FR 33480, 33480–41 (June 12, 2015)
(Pasta from Italy Preliminary Results), unchanged
in Certain Pasta from Italy: Final Results of
Changed Circumstances Review, 80 FR 48807
(August 14, 2015) (Pasta from Italy Final Results).
8 See, e.g., Pasta from Italy Preliminary Results,
80 FR at 33480–41, unchanged in Pasta from Italy
Final Results, 80 FR at 48807.
9 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
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successor to the previous company if
the new company’s resulting operation
is not materially dissimilar to that of its
predecessor.10 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.11
In accordance with 19 CFR 351.216,
we preliminarily determine that Kader
Exports is the successor-in-interest to
the Liberty Group. Record evidence, as
submitted by Kader Exports, indicates
that Kader Exports operates as
essentially the same business entity as
the Liberty Group with respect to the
subject merchandise.12
For the complete successor-in-interest
analysis, including discussion of
business proprietary information, refer
to the accompanying Preliminary
Decision Memorandum. A list of the
topics discussed in the Preliminary
Decision Memorandum is included as
the appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
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
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
10 See, e.g., Shrimp from India Preliminary
Results, 81 FR at 75377, unchanged in Shrimp from
India Final Results, 81 FR at 90774.
11 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 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.
12 See Kader Exports CCR Request.
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Federal Register / Vol. 87, No. 216 / Wednesday, November 9, 2022 / Notices
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). 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.13 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. An electronically filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline.14 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.15
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request
via ACCESS within 30 days of
publication of this notice. Hearing
requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing, in accordance with 19 CFR
351.310(d).
Consistent with 19 CFR 351.216(e),
we 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 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
13 See
19 CFR 351.309(c)(2).
19 CFR 351.303(b).
15 See Temporary Rule Modifying AD/CVD
Service Requirements Due to Covid-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
khammond on DSKJM1Z7X2PROD with NOTICES
14 See
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17:09 Nov 08, 2022
Jkt 259001
67671
CFR 351.216(b), 351.221(b) and
351.221(c)(3).
DATES:
Dated: November 3, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
Jinny Ahn or Zachariah Hall, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0339 or (202) 482–6261,
respectively.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Initiation and Preliminary Results of the
Changed Circumstances Review
V. Successor-in-Interest Determination
VI. Recommendation
[FR Doc. 2022–24468 Filed 11–8–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–904]
Certain Activated Carbon From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; and Final
Determination of No Shipments; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Jilin Bright Future Chemicals Co., Ltd.
(Jilin Bright) sold certain activated
carbon from the People’s Republic of
China (China) at less than normal value
during the period of review (POR), April
1, 2020, through March 31, 2021.
Commerce also determines that Datong
Juqiang Activated Carbon Co., Ltd.
(Datong Juqiang) did not make sales of
subject merchandise at less than normal
value during the POR. Commerce
further determines that certain
companies made no shipments of the
subject merchandise during the POR.
AGENCY:
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Applicable November 9, 2022.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On May 6, 2022, Commerce published
the Preliminary Results.1 For events
subsequent to the Preliminary Results,
see the Issues and Decision
Memorandum.2 On August 3, 2022,3 in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the
Act), Commerce extended the deadline
for issuing the final results until
November 2, 2022.
Scope of the Order 4
The merchandise subject to the Order
is certain activated carbon. A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.
1 See Certain Activated Carbon from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review,
Preliminary Determination of No Shipments; 2020–
2021, 87 FR 27094 (May 6, 2022) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Certain Activated Carbon
from the People’s Republic of China: Issues and
Decision Memorandum for the Final Results of the
Fourteenth Antidumping Duty Administrative
Review,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘Activated Carbon from the
People’s Republic of China: Extension of Deadline
for Final Results of the 2020–2021 Antidumping
Duty Administrative Review,’’ dated August 3,
2022.
4 See Notice of Antidumping Duty Order: Certain
Activated Carbon from the People’s Republic of
China, 72 FR 20988 (April 27, 2007) (Order).
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]]>Agencies
[Federal Register Volume 87, Number 216 (Wednesday, November 9, 2022)]
[Notices]
[Pages 67669-67671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24468]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-840]
Certain Frozen Warmwater Shrimp From India: Notice of Initiation
and Preliminary Results of Antidumping Duty Changed Circumstances
Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is initiating a
changed circumstances review (CCR) to determine if Kader Exports
Private Limited (Kader Exports) is the successor-in-interest to the
Liberty Group in the context of the antidumping duty (AD) order on
certain frozen warmwater shrimp (shrimp) from India. We preliminarily
determine that Kader Exports is the successor-in-interest to the
Liberty Group.
DATES: Applicable November 9, 2022.
FOR FURTHER INFORMATION CONTACT: Adam Simons, AD/CVD Operations, Office
II, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401
[[Page 67670]]
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
6172.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2005, Commerce published in the Federal Register an
AD order on shrimp from India.\1\ On September 19, 2022, Kader Exports
requested that Commerce conduct an expedited changed circumstances
review, pursuant to section 751(b)(1) of the Tariff Act of 1930, as
amended (the Act), 19 CFR 351.216, and 19 CFR 351.221(c)(3), to confirm
that Kader Exports is the successor-in-interest to the Liberty Group
\2\ for the purposes of determining AD cash deposits and
liabilities.\3\ In its submission, Kader Exports notes that, in 2019,
it underwent a restructuring in which the companies comprising the
Liberty Group were merged into Kader Exports. In addition, Kader
Exports notes that Liberty Oil Mills, a producer of non-subject
merchandise, should no longer be collapsed with Kader Exports.\4\
---------------------------------------------------------------------------
\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\ The Liberty Group includes the following affiliated
companies: Devi Marine Food Exports Private Limited, Kader Exports
Private Limited (Kader Exports), Kader Investment and Trading
Company Private Limited, Liberty Frozen Foods Private Limited,
Liberty Oil Mills Limited, Premier Marine Products Pvt. Ltd., and
Universal Cold Storage Private Limited.
\3\ See Kader Exports' Letter, ``Request for an expedited
Changed Circumstances Review,'' dated September 19, 2022 (Kader
Exports CCR Request).
\4\ Id.
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Scope of the Order
The merchandise subject to the Order is certain frozen warmwater
shrimp.\5\ The product is currently classified under the following
Harmonized Tariff Schedule of the United States (HTSUS) numbers:
0306.17.00.03, 0306.17.00.04, 0306.17.00.05, 0306.17.00.06,
0306.17.00.07, 0306.17.00.08, 0306.17.00.09, 0306.17.00.10,
0306.17.00.11, 0306.17.00.12, 0306.17.00.13, 0306.17.00.14,
0306.17.00.15, 0306.17.00.16, 0306.17.00.17, 0306.17.00.18,
0306.17.00.19, 0306.17.00.20, 0306.17.00.21, 0306.17.00.22,
0306.17.00.23, 0306.17.00.24, 0306.17.00.25, 0306.17.00.26,
0306.17.00.27, 0306.17.00.28, 0306.17.00.29, 0306.17.00.40,
0306.17.00.41, 0306.17.00.42, 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.
---------------------------------------------------------------------------
\5\ For a complete description of the scope of the Order, see
Memorandum, ``Initiation and Preliminary Results of Changed
Circumstances Review,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Initiation and Preliminary Results of CCR
Pursuant to section 751(b)(1) of the Act, 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 Kader Exports supporting its claim that it is
the successor-in-interest to Liberty Group demonstrates changed
circumstances sufficient to warrant such a review.\6\ Therefore, in
accordance with section 751(b)(1)(A) of the Act and 19 CFR 351.216(d)
and (e), we are initiating a CCR based upon the information contained
in Kader Exports' submission.
---------------------------------------------------------------------------
\6\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------
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.\7\ 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.\8\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from
Italy: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015)
(Pasta from Italy Preliminary Results), unchanged in Certain Pasta
from Italy: Final Results of Changed Circumstances Review, 80 FR
48807 (August 14, 2015) (Pasta from Italy Final Results).
\8\ See, e.g., Pasta from Italy Preliminary Results, 80 FR at
33480-41, unchanged in Pasta from Italy Final Results, 80 FR at
48807.
---------------------------------------------------------------------------
In this CCR, pursuant to section 751(b) of 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.\9\ 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.\10\
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.\11\
---------------------------------------------------------------------------
\9\ 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).
\10\ See, e.g., Shrimp from India Preliminary Results, 81 FR at
75377, unchanged in Shrimp from India Final Results, 81 FR at 90774.
\11\ Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative Review:
Polychloroprene Rubber from Japan, 67 FR 58, 59 (January 2, 2002);
Ball Bearings and Parts Thereof from France: Final Results of
Changed-Circumstances Review, 75 FR 34688, 34689 (June 18, 2010);
and Circular Welded Non-Alloy Steel Pipe from the Republic of Korea;
Preliminary Results of Antidumping Duty Changed Circumstances
Review, 63 FR 14679 (March 26, 1998), unchanged in Circular Welded
Non-Alloy Steel Pipe from Korea; Final Results of Antidumping Duty
Changed Circumstances Review, 63 FR 20572 (April 27, 1998), in which
Commerce found that a company which only changed its name and did
not change its operations is a successor-in-interest to the company
before it changed its name.
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In accordance with 19 CFR 351.216, we preliminarily determine that
Kader Exports is the successor-in-interest to the Liberty Group. Record
evidence, as submitted by Kader Exports, indicates that Kader Exports
operates as essentially the same business entity as the Liberty Group
with respect to the subject merchandise.\12\
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\12\ See Kader Exports CCR Request.
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For the complete successor-in-interest analysis, including
discussion of business proprietary information, refer to the
accompanying Preliminary Decision Memorandum. A list of the topics
discussed in the Preliminary Decision Memorandum is included as the
appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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
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
[[Page 67671]]
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). 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.\13\ 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. An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.\14\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\15\
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\13\ See 19 CFR 351.309(c)(2).
\14\ See 19 CFR 351.303(b).
\15\ 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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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request via ACCESS within 30
days of publication of this notice. Hearing requests should contain:
(1) the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing, in accordance with 19 CFR
351.310(d).
Consistent with 19 CFR 351.216(e), we 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 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: November 3, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Initiation and Preliminary Results of the Changed Circumstances
Review
V. Successor-in-Interest Determination
VI. Recommendation
[FR Doc. 2022-24468 Filed 11-8-22; 8:45 am]
BILLING CODE 3510-DS-P
