[Federal Register Volume 75, Number 144 (Wednesday, July 28, 2010)]
[Notices]
[Pages 44229-44230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18533]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-533-840)
Certain Frozen Warmwater Shrimp from India: Preliminary Results
of Antidumping Duty Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 28, 2010.
SUMMARY: The Department of Commerce (the Department) is conducting a
changed circumstances review of the antidumping duty order on certain
frozen warmwater shrimp (shrimp) from India pursuant to section 751(b)
of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216 and
351.221(c)(3). We preliminarily determine that Srikanth International
(Srikanth) is the successor-in-interest to NGR Aqua International (NGR)
for purposes of determining antidumping liability. Interested parties
are invited to comment on these preliminary results.
FOR FURTHER INFORMATION CONTACT: Blaine Wiltse; AD/CVD Operations,
Office 2, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-6345.
SUPPLEMENTARY INFORMATION:
Background
On February 3, 2010, Srikanth requested that the Department conduct
an expedited changed circumstances review under 19 CFR
351.221(c)(3)(iii) to determine whether it is the successor-in-interest
to NGR for purposes of determining antidumping liability. On April 1,
2010, the Department initiated a changed circumstances review but did
not expedite the review, as requested by Srikanth, because questions
remained regarding the completeness of the factual statements forming
the basis of Srikanth's changed circumstances review request. See
Certain Frozen Warmwater Shrimp From India: Initiation of Antidumping
Duty Changed Circumstances Review, 75 FR 16436 (Apr. 1, 2010)
(Initiation Notice). On April 19 and June 3, 2010, we requested further
information and documentation from Srikanth to substantiate its claim
to be the successor-in-interest to NGR. Srikanth submitted this
information on May 6 and June 17, 2010, respectively.
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,\1\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
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\1\ ``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 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 dusted shrimp; and 8) certain
battered shrimp. Dusted 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 IQF freezing immediately after
application of the dusting layer. Battered shrimp is a shrimp-based
product that, when dusted in accordance with the definition of dusting
above, is 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 HTSUS subheadings: 0306.13.00.03, 0306.13.00.06,
0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18,
0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40,
1605.20.10.10, and 1605.20.10.30. 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.
[[Page 44230]]
Successor-in-Interest Determination
Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216, the
Department will conduct a changed circumstances review upon receipt of
information concerning, or request from an interested party for review
of, an antidumping duty order which shows changed circumstances
sufficient to warrant review of the order. In this case, we found that
the information submitted by Srikanth provided evidence of changed
circumstances sufficient to warrant a review. See Initiation Notice, 75
FR at 16437. Thus, in accordance with section 751(b) of the Act, we
initiated a changed circumstances review to determine whether Srikanth
is the successor-in-interest to NGR. Id.
In making a successor-in-interest determination, the Department
typically examines several factors including, but not limited to: 1)
management; 2) production facilities; 3) supplier relationships; and 4)
customer base. See, e.g., Pressure Sensitive Plastic Tape from Italy:
Preliminary Results of Antidumping Duty Changed Circumstances Review,
75 FR 8925 (Feb. 26, 2010), unchanged in Pressure Sensitive Plastic
Tape From Italy: Final Results of Antidumping Duty Changed
Circumstances Review, 75 FR 27706 (May 18, 2010); Brake Rotors From the
People's Republic of China: Final Results of Changed Circumstances
Antidumping Duty Administrative Review, 70 FR 69941 (Nov. 18, 2005)
(Brake Rotors), citing Brass Sheet and Strip from Canada; Final Results
of Antidumping Duty Administrative Review, 57 FR 20460 (May 13, 1992).
While no single factor or combination of these factors will necessarily
be dispositive, the Department will generally consider the new company
to be the successor to the previous company if its resulting operation
is not materially dissimilar to that of its predecessor. See, e.g.,
Brake Rotors. Thus, if the record demonstrates that, with respect to
the production and sale of the subject merchandise, the new company's
operations are not materially dissimilar to the former company, the
Department will generally accord the new company the same antidumping
duty treatment as its predecessor. Id.
Preliminary Results of Changed Circumstances Review
In its request for a changed circumstances review, Srikanth
explained that, in March 2009, it purchased the seafood processing and
packing plant, including all buildings and equipment, previously owned
by NGR. Srikanth submitted documentation to demonstrate its March 2009
purchase of NGR (see Srikanth's February 3, 2010, submission at Exhibit
7). Srikanth also provided information regarding whether there were any
changes in management, production, suppliers, and customers that
occurred after Srikanth acquired NGR. The information provided by
Srikanth indicated that, except for one transfer of duties in
management and the loss of one customer, the company's business
operations otherwise had not been affected by the acquisition (see
Srikanth's May 6, 2010, and June 17, 2010, responses). Therefore, we
preliminarily find that, based on the totality of the facts and
circumstances, there have been no material changes in Srikanth's
operations that would cause us to question whether Srikanth is the
successor-in-interest to NGR. Specifically, we preliminarily find that
Srikanth is the successor-in-interest to NGR because the changes in
management and customers that took place after Srikanth's purchase of
NGR were not so significant as to materially alter the production or
business operations of the company. For more detailed discussion of the
Department's analysis and decision, see Memorandum to James Maeder,
Director, Office 2, AD/CVD Operations, from Blaine Wiltse, Analyst,
Office 2, AD/CVD Operations, entitled, ``Changed Circumstances Review
of the Antidumping Duty Order on Certain Frozen Warmwater Shrimp from
India; Successor-In-Interest Determination for NGR Aqua International
and Srikanth International,'' dated July 20, 2010.
In conclusion, as a result of this determination, we preliminarily
find that Srikanth should receive the rate previously assigned to NGR
in the most recently completed review of the antidumping duty order on
shrimp from India. See Certain Frozen Warmwater Shrimp from India:
Final Results of Antidumping Duty Administrative Review, Partial
Rescission of Review, and Notice of Revocation of Order in Part, 75 FR
41813, 41816 (Jul. 19, 2010). If the above preliminary results are
affirmed in the Department's final results, we will instruct U.S.
Customs and Border Protection (CBP) to liquidate all previously
unliquidated entries of the subject merchandise produced and exported
by Srikanth entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this changed
circumstances review at the rate previously assigned to NGR.
Additionally, upon the adoption of these preliminary results in the
Department's final results, we will instruct CBP to assign NGR's cash
deposit rate to Srikanth.
Public Comment
Interested parties are invited to comment on these preliminary
results. Written comments may be submitted no later than 14 days after
the date of publication of these preliminary results. Rebuttals to
written comments, limited to issues raised in such comments, may be
filed no later than 21 days after the date of publication of this
notice. All written comments shall be submitted in accordance with 19
CFR 351.303. Any interested party may request a hearing within 14 days
of publication of this notice. Any hearing, if requested, will be held
no later than 30 days after the date of publication of this notice, or
the first workday thereafter. Persons interested in attending the
hearing, if one is requested, should contact the Department for the
date and time of hearing. In accordance with 19 CFR 351.216(e), the
Department will issue the final results of this antidumping duty
changed circumstances review no later than 270 days after the date on
which this review was initiated, or within 45 days if all parties agree
to our preliminary results.
During the course of this antidumping duty changed circumstances
review, cash deposit requirements for the subject merchandise produced
and exported by Srikanth will continue to be the all-others rate
established in the investigation (i.e., 10.17 percent). 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, 5148 (Feb. 1, 2005). The cash deposit rate requirement for
Srikanth will be altered, if warranted, pursuant to the final results
of this review.
We are issuing and publishing these preliminary results and notice
in accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Act
and 19 CFR 351.216 and 351.221(c)(3).
Dated: July 21, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-18533 Filed 7-27-10; 8:45 am]
BILLING CODE 3510-DS-S