Certain Frozen Warmwater Shrimp From India: Notice of Initiation of Antidumping Duty Changed Circumstances Review, 47105-47107 [2023-15511]
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47105
Federal Register / Vol. 88, No. 139 / Friday, July 21, 2023 / Notices
Timken Notice
In its decision in Timken,6 as clarified
by Diamond Sawblades,7 the U.S. Court
of Appeals for the Federal Circuit held
that, pursuant to section 516A(c) and (e)
of the Tariff Act of 1930, as amended
(the Act), Commerce must publish a
notice of court decision that is not ‘‘in
harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
July 12, 2023, judgment constitutes a
final decision of the CIT that is not in
harmony with Commerce’s Final
Results. Thus, this notice is published
in fulfillment of the publication
requirements of Timken.
Amended Final Results
Because there is now a final court
judgment, Commerce is amending its
Final Results with respect to the
Separate Rate Respondents as follows:
Final results rate
(percent)
Company
ddrumheller on DSK120RN23PROD with NOTICES1
Chengdu Huifeng New Material Technology Co., Ltd. ................................................................................
Danyang Weiwang Tools Manufacturing Co., Ltd. ......................................................................................
Quanzhou Zhongzhi Diamond Tool Co., Ltd. ..............................................................................................
Cash Deposit Requirements
Because Chengdu Huifeng New
Material Technology Co., Ltd., and
Quanzhou Zhongzhi Diamond Tool Co.,
Ltd., have superseding cash deposit
rates, i.e., there have been final results
published in a subsequent
administrative review,8 we will not
issue revised cash deposit instructions
to U.S. Customs and Border Protection
(CBP) with respect to these companies.
This notice will not affect the current
cash deposit rate for these exporters.
Commerce will issue revised cash
deposit instructions to CBP for Danyang
Weiwang Tools Manufacturing Co., Ltd.,
which does not have a superseding cash
deposit rate.
CFR 351.212(b). We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review.
Liquidation of Suspended Entries
At this time, Commerce remains
enjoined by CIT order from liquidating
entries that were exported by the
Separate Rate Respondents, and were
entered, or withdrawn from warehouse,
for consumption during the period
November 1, 2016, through October 31,
2017. These entries will remain
enjoined pursuant to the terms of the
injunctions during the pendency of any
appeals process.
In the event the CIT’s ruling is not
appealed, or, if appealed, upheld by a
final and conclusive court decision,
Commerce intends to instruct CBP to
assess antidumping duties on
unliquidated entries of subject
merchandise exported by the Separate
Rate Respondents in accordance with 19
International Trade Administration
6 See Timken Co. v. United States, 893 F.2d. 337
(Fed. Cir. 1990) (Timken).
7 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Circ.
2010) (Diamond Sawblades).
8 See Diamond Sawblades and Parts Thereof from
the People’s Republic of China: Preliminary Results
of Antidumping Duty Administrative Review,
Preliminary Determination of No Shipments, and
Rescission of Review in Part; 2018–2019, 86 FR
14873 (March 19, 2021), unchanged in Diamond
Sawblades and Parts Thereof from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2018–2019, 86 FR
VerDate Sep<11>2014
19:06 Jul 20, 2023
Jkt 259001
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c) and
(e) and 777(i)(1) of the Act.
Dated: July 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–15469 Filed 7–20–23; 8:45 am]
Remand rate
(percent)
82.05
82.05
82.05
DATES:
41.03
41.03
41.03
Applicable July 21, 2023.
FOR FURTHER INFORMATION CONTACT:
Terre Keaton Stefanova or Christopher
Viers, AD/CVD Operations, Office IX,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1280 or
(202) 482–0519, respectively.
SUPPLEMENTARY INFORMATION:
Background
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 Elque Ventures Private
Limited (Elque) is the successor-ininterest to Elque & Co. in the context of
the antidumping duty (AD) order on
certain frozen warmwater shrimp
(shrimp) from India.
On February 1, 2005, Commerce
published in the Federal Register the
AD order on shrimp from India.1 On
June 6, 2023, Elque requested that,
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), Commerce conduct an
expedited CCR to determine that it is
the successor-in-interest to Elque & Co.
and assign it the cash deposit rate of the
Elque Group.2 In its submission, Elque
stated that in 2022 it changed its name
from Elque & Co. and also changed its
corporate structure to become a limited
liability company.3 In addition, Elque
notes that, because Commerce
determined in the 2017–2018
administrative review to treat Calcutta
Seafoods Pvt. Ltd. (Calcutta), Bay
Seafood Pvt. Ltd. (Bay Seafood), and
Elque & Co. as a collective entity (i.e.,
the Elque Group), Commerce should
also determine that the Elque Group is
46832 (August 20, 2021); see also Diamond
Sawblades and Parts Thereof from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2019–
2020, 86 FR 41446 (August 2, 2021), unchanged in
Diamond Sawblades and Parts Thereof from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2019–2020,
86 FR 67905 (November 30, 2021).
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp
from India, 70 FR 5147 (February 1, 2005) (Order).
2 See Certain Frozen Warmwater Shrimp from
India: Preliminary Results of Antidumping Duty
Administrative Review; 2017–2018, 78 FR 61843
(April 23, 2019), and accompanying Preliminary
Decision Memorandum, unchanged in Certain
Frozen Warmwater Shrimp from India: Final
Results of Antidumping Duty Administrative
Review; 2017–2018, 84 FR 57847 (October 29,
2019).
3 See Elque’s Letter, ‘‘Request for an Expedited
Changed Circumstances Review,’’ dated June 6,
2023.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
[A–533–840]
Certain Frozen Warmwater Shrimp
From India: Notice of Initiation of
Antidumping Duty Changed
Circumstances Review
AGENCY:
PO 00000
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47106
Federal Register / Vol. 88, No. 139 / Friday, July 21, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
now comprised of Calcutta, Bay
Seafood, and Elque.
Scope of the Order
The scope of this Order includes
certain frozen warmwater shrimp and
prawns, whether wild-caught (ocean
harvested) or farm-raised (produced by
aquaculture), head-on or head-off, shellon or peeled, tail-on or tail-off,4
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
this Order, regardless of definitions in
the Harmonized Tariff Schedule of the
United States (HTSUS), 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, whiteleg 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 this 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 this Order. Excluded from
the scope are: (1) breaded shrimp and
prawns (HTSUS 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 (HTSUS
subheadings 0306.23.00.20 and
0306.23.00.40); (4) shrimp and prawns
in prepared meals (HTSUS subheading
1605.20.05.10); (5) dried shrimp and
prawns; (6) canned warmwater shrimp
4 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
VerDate Sep<11>2014
19:06 Jul 20, 2023
Jkt 259001
and prawns (HTSUS subheading
1605.20.10.40); (7) certain battered
shrimp. Battered shrimp is a shrimpbased 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 ten percent of the
product’s total weight after being
dusted, but prior to being frozen; and (5)
that is subjected to 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 merchandise
subject to the Order is certain frozen
warmwater shrimp.
The products covered by this Order
are currently classified under the
following (HTSUS) subheadings:
0306.17.00.04, 0306.17.00.05, 07,
0306.17.00.08, 0306.17.00.10,
0306.17.00.11, 0306.17.00.13,
0306.17.00.14, 0306.17.00.16,
0306.17.00.17, 0306.17.00.19,
0306.17.00.20, 0306.17.00.22,
0306.17.00.23, 0306.17.00.25,
0306.17.00.26, 0306.17.00.28,
0306.17.00.29, 0306.17.00.41,
0306.17.00.42, 1605.21.10.30, and
1605.29.10.10. These HTSUS
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.5
Initiation of CCR
5 On April 26, 2011, Commerce amended the
antidumping duty order to include dusted shrimp,
pursuant to the U.S. Court of International Trade
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 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
Antidumping 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 France (Investigation Nos.
731–TA–1063, 1064, 1066–1068) (Review), USITC
Publication 4221 (March 2011).
Frm 00008
Fmt 4703
5 See
19 CFR 351.216(d).
e.g., Certain Frozen Warmwater Shrimp
from India: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review,
81 FR 75376 (October 31, 2016) (Shrimp from India
Preliminary CCR), 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 CCR).
8 See, e.g., Shrimp from India Preliminary CCR,
81 FR at 75377, unchanged in Shrimp from India
Final CCR, 81 FR at 90774.
9 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).
7 See,
Pursuant to section 751(b)(1)(A) of the
Act and 19 CFR 351.216(d), Commerce
conducts a CCR upon receipt of
information concerning, or a request
from, an interested party for a review of
an AD order which shows changed
PO 00000
circumstances sufficient to warrant a
review of the order. The information
submitted by Elque regarding its claim
that it is the successor-in-interest to
Elque & Co. demonstrates changed
circumstances sufficient to warrant the
initiation of 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.
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.7 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.8 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.9
Pursuant to 19 CFR 351.221(c)(3)(ii),
Commerce may combine the notices of
initiation and preliminary results of a
CCR into a single notice if it concludes
that expedited action is warranted.
However, we are not combining this
notice of initiation with the preliminary
results, because we require additional
information from the other companies
in the Elque Group regarding the effect
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Federal Register / Vol. 88, No. 139 / Friday, July 21, 2023 / Notices
of Elque & Co.’s name change and
change in corporate structure on the
operation of the Elque Group.
Commerce intends to publish in the
Federal Register a notice of the
preliminary results of this CCR, in
accordance with 19 CFR 351.221(b)(4)
and (c)(3)(i), which will set forth
Commerce’s preliminary factual and
legal conclusions. Pursuant to 19 CFR
351.221(b)(4)(ii), interested parties will
have an opportunity to comment on the
preliminary results.
Unless extended, Commerce intends
to issue the final results of this CCR
within 270 days after the date of
initiation, in accordance with 19 CFR
351.216(e).
Notification to Interested Parties
We are issuing this notice in
accordance with section 751(b)(1) of the
Act and 19 CFR 351.216(b) and
351.221(b)(1).
Dated: July 17, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–15511 Filed 7–20–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–552–829]
Passenger Vehicle and Light Truck
Tires From the Socialist Republic of
Vietnam: Preliminary Results of
Countervailing Duty Administrative
Review and Partial Rescission of
Administrative Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that the company subject to
this countervailing duty administrative
review of passenger vehicle and light
truck tires (PVLT tires) from the
Socialist Republic of Vietnam (Vietnam)
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
1 See Passenger Vehicle and Light Truck Tires
from the Socialist Republic of Vietnam:
Countervailing Duty Order, 86 FR 38013 (July 19,
2021) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 39461 (July 1, 2022).
3 See Bridgestone’s Letter, ‘‘Request for
Administrative Review,’’ dated July 29, 2022;
Sailun’s Letter, ‘‘Request for Administrative
Review,’’ August 1, 2022; and KTV and KTCI’s
Letter, ‘‘Request for Administrative Review,’’ dated
August 1, 2022.
VerDate Sep<11>2014
19:06 Jul 20, 2023
Jkt 259001
received countervailable subsidies
during the period of review (POR),
November 10, 2020, through December
31, 2021. Additionally, Commerce is
rescinding the review with respect to
three companies. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable July 21, 2023.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer, 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) 482–0410.
SUPPLEMENTARY INFORMATION:
Background
On July 19, 2021, Commerce
published in the Federal Register the
countervailing duty order on PVLT tires
from Vietnam.1 On July 1, 2022,
Commerce published in the Federal
Register a notice of opportunity to
request an administrative review of the
Order for the POR.2 Between July 29
and August 1, 2022, we received timely
requests from multiple parties to
conduct an administrative review of the
Order.3 On September 6, 2022, we
published in the Federal Register a
notice of initiation for this
administrative review.4 On March 13,
2023, Commerce extended the deadline
for the preliminary results of this review
by 117 days to July 28, 2023.5
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6 A list of topics
discussed in the Preliminary Decision
Memorandum is provided in the
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
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 can be accessed directly
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
54463, 54474 (September 6, 2022).
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated March 13, 2023.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results and Partial Rescission of
the Administrative Review of the Countervailing
Duty Order on Passenger Vehicle and Light Truck
Tires from the Socialist Republic of Vietnam; 2020–
2021,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
PO 00000
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47107
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The scope of the Order covers PVLT
tires from Vietnam. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Methodology
We are conducting this administrative
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found
countervailable, we determine that there
is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
confers a benefit to the recipient, and
that the subsidy is specific.7 For a full
description of the methodology
underlying our preliminary conclusions,
see the Preliminary Decision
Memorandum.
Partial Preliminary Rescission of
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. Commerce received
withdrawal requests with respect to
Sailun (Vietnam) Co., Ltd. (Sailun),
Kumho Tire (Vietnam) Co., Ltd. (KTV),
and Kumho Tire Co., Inc. (KTCI).8
Because the withdrawal requests were
timely filed and no other parties
requested reviews of these companies,
in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this review of the Order for Sailun,
KTV, and KTCI.9
Preliminary Results of Review
As a result of this administrative
review, we preliminarily find that the
following net countervailable subsidy
rates exist for the period November 10,
2020, through December 31, 2021:
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
8 See Sailun’s Letter, ‘‘Sailun Withdrawal of
Review Request,’’ dated September 29, 2022; and
KTV/KTCI’s Letter, ‘‘Withdrawal of Request for
Administrative Review,’’ dated October 25, 2022.
9 See, e.g., Lightweight Thermal Paper from the
People’s Republic of China: Notice of Rescission of
Countervailing Duty Administrative Review; 2015,
82 FR 14349 (March 20, 2017); and Circular Welded
Carbon Quality Steel Pipe from the People’s
Republic of China: Rescission of Countervailing
Duty Administrative Review; 2017, 84 FR 14650
(April 11, 2019).
E:\FR\FM\21JYN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Notices]
[Pages 47105-47107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15511]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-840]
Certain Frozen Warmwater Shrimp From India: Notice of Initiation
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 Elque Ventures
Private Limited (Elque) is the successor-in-interest to Elque & Co. in
the context of the antidumping duty (AD) order on certain frozen
warmwater shrimp (shrimp) from India.
DATES: Applicable July 21, 2023.
FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Christopher
Viers, AD/CVD Operations, Office IX, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1280
or (202) 482-0519, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2005, Commerce published in the Federal Register the
AD order on shrimp from India.\1\ On June 6, 2023, Elque requested
that, 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), Commerce
conduct an expedited CCR to determine that it is the successor-in-
interest to Elque & Co. and assign it the cash deposit rate of the
Elque Group.\2\ In its submission, Elque stated that in 2022 it changed
its name from Elque & Co. and also changed its corporate structure to
become a limited liability company.\3\ In addition, Elque notes that,
because Commerce determined in the 2017-2018 administrative review to
treat Calcutta Seafoods Pvt. Ltd. (Calcutta), Bay Seafood Pvt. Ltd.
(Bay Seafood), and Elque & Co. as a collective entity (i.e., the Elque
Group), Commerce should also determine that the Elque Group is
[[Page 47106]]
now comprised of Calcutta, Bay Seafood, and Elque.
---------------------------------------------------------------------------
\1\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater
Shrimp from India, 70 FR 5147 (February 1, 2005) (Order).
\2\ See Certain Frozen Warmwater Shrimp from India: Preliminary
Results of Antidumping Duty Administrative Review; 2017-2018, 78 FR
61843 (April 23, 2019), and accompanying Preliminary Decision
Memorandum, unchanged in Certain Frozen Warmwater Shrimp from India:
Final Results of Antidumping Duty Administrative Review; 2017-2018,
84 FR 57847 (October 29, 2019).
\3\ See Elque's Letter, ``Request for an Expedited Changed
Circumstances Review,'' dated June 6, 2023.
---------------------------------------------------------------------------
Scope of the Order
The scope of this Order includes certain frozen warmwater shrimp
and prawns, whether wild-caught (ocean harvested) or farm-raised
(produced by aquaculture), head-on or head-off, shell-on or peeled,
tail-on or tail-off,\4\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
---------------------------------------------------------------------------
\4\ ``Tails'' in this context means the tail fan, which includes
the telson and the uropods.
---------------------------------------------------------------------------
The frozen warmwater shrimp and prawn products included in the
scope of this Order, regardless of definitions in the Harmonized Tariff
Schedule of the United States (HTSUS), 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, whiteleg 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 this 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 this Order. Excluded from the scope are: (1) breaded shrimp and
prawns (HTSUS 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 (HTSUS subheadings 0306.23.00.20 and
0306.23.00.40); (4) shrimp and prawns in prepared meals (HTSUS
subheading 1605.20.05.10); (5) dried shrimp and prawns; (6) canned
warmwater shrimp and prawns (HTSUS subheading 1605.20.10.40); (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 ten
percent of the product's total weight after being dusted, but prior to
being frozen; and (5) that is subjected to 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 merchandise subject to the Order is certain frozen warmwater
shrimp.
The products covered by this Order are currently classified under
the following (HTSUS) subheadings: 0306.17.00.04, 0306.17.00.05, 07,
0306.17.00.08, 0306.17.00.10, 0306.17.00.11, 0306.17.00.13,
0306.17.00.14, 0306.17.00.16, 0306.17.00.17, 0306.17.00.19,
0306.17.00.20, 0306.17.00.22, 0306.17.00.23, 0306.17.00.25,
0306.17.00.26, 0306.17.00.28, 0306.17.00.29, 0306.17.00.41,
0306.17.00.42, 1605.21.10.30, and 1605.29.10.10. These HTSUS
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.\5\
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\5\ On April 26, 2011, Commerce amended the antidumping duty
order to include dusted shrimp, pursuant to the U.S. Court of
International Trade 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 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 Antidumping
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 France
(Investigation Nos. 731-TA-1063, 1064, 1066-1068) (Review), USITC
Publication 4221 (March 2011).
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Initiation of CCR
Pursuant to section 751(b)(1)(A) of the Act and 19 CFR 351.216(d),
Commerce conducts 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 Elque regarding its claim that it
is the successor-in-interest to Elque & Co. demonstrates changed
circumstances sufficient to warrant the initiation of 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.
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\5\ See 19 CFR 351.216(d).
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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) management; (2) production facilities; (3) supplier
relationships; and (4) customer base.\7\ 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.\8\ 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.\9\
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\7\ 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 CCR), 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 CCR).
\8\ See, e.g., Shrimp from India Preliminary CCR, 81 FR at
75377, unchanged in Shrimp from India Final CCR, 81 FR at 90774.
\9\ 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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Pursuant to 19 CFR 351.221(c)(3)(ii), Commerce may combine the
notices of initiation and preliminary results of a CCR into a single
notice if it concludes that expedited action is warranted. However, we
are not combining this notice of initiation with the preliminary
results, because we require additional information from the other
companies in the Elque Group regarding the effect
[[Page 47107]]
of Elque & Co.'s name change and change in corporate structure on the
operation of the Elque Group. Commerce intends to publish in the
Federal Register a notice of the preliminary results of this CCR, in
accordance with 19 CFR 351.221(b)(4) and (c)(3)(i), which will set
forth Commerce's preliminary factual and legal conclusions. Pursuant to
19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity
to comment on the preliminary results.
Unless extended, Commerce intends to issue the final results of
this CCR within 270 days after the date of initiation, in accordance
with 19 CFR 351.216(e).
Notification to Interested Parties
We are issuing this notice in accordance with section 751(b)(1) of
the Act and 19 CFR 351.216(b) and 351.221(b)(1).
Dated: July 17, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-15511 Filed 7-20-23; 8:45 am]
BILLING CODE 3510-DS-P
