[Federal Register Volume 75, Number 193 (Wednesday, October 6, 2010)]
[Notices]
[Pages 61702-61704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25218]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-822]
Notice of Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review: Certain Frozen Warmwater Shrimp From
Thailand
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: A Foods 1991 Co., Limited (A Foods) has requested a changed
circumstances review of the antidumping duty order on certain frozen
warmwater shrimp from Thailand pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.216(b). The
Department of Commerce (the Department) is initiating this changed
circumstances review and issuing this notice of preliminary results
pursuant to 19 CFR 351.221(c)(3)(ii). We have preliminarily determined
that A Foods is the successor-in-interest to May Ao Company Limited
(May Ao).
DATES: Effective Date: October 6, 2010.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, 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) 482-3874.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2005, the Department published in the Federal
Register an antidumping duty order on certain frozen warmwater shrimp
from Thailand. See Notice of Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order: Certain Frozen
Warmwater Shrimp from Thailand, 70 FR 5145 (Feb. 1, 2005).
On September 1, 2010, A Foods informed the Department that it
changed its name from May Ao and
[[Page 61703]]
provided supporting documentation. Additionally, A Foods requested that
the Department conduct an expedited changed circumstances review under
19 CFR 351.221(c)(3)(iii) to confirm that A Foods is the successor-in-
interest to May Ao for purposes of determining antidumping duty cash
deposits and liabilities.
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.
Initiation and Preliminary Results
Pursuant to section 751(b)(1) of the Act, the Department will
conduct a changed circumstances review upon receipt of information
concerning, or a request from an interested party for a review of, an
antidumping duty order which shows changed circumstances sufficient to
warrant a review of the order. As indicated in the ``Background''
section, we have received information indicating that May Ao officially
changed its name to A Foods on December 25, 2009. This constitutes
changed circumstances warranting a review of the order. See CFR 19
351.216(d). Therefore, in accordance with section 751(b)(1) of the Act,
we are initiating a changed circumstances review based upon the
information contained in A Foods' submission.
Section 351.221(c)(3)(ii) of the Department's regulations permits
the Department to combine the notice of initiation of a changed
circumstances review and the notice of preliminary results if the
Department concludes that expedited action is warranted. In this
instance, because we have on the record the 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.
In making a successor-in-interest determination, the Department
examines several factors including, but not limited to, changes in: (1)
Management; (2) production facilities; (3) supplier relationships; and
(4) customer base. See, e.g., Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative Review: Polychloroprene
Rubber From Japan, 67 FR 58 (Jan. 2, 2002); Brass Sheet and Strip from
Canada: Final Results of Antidumping Duty Administrative Review, 57 FR
20460, 20462 (May 13, 1992). While no single factor or combination of
these factors will necessarily provide a dispositive indication of a
successor-in-interest relationship, the Department will generally
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. See, e.g., Fresh and Chilled Atlantic Salmon
from Norway; Final Results of Changed Circumstances Antidumping Duty
Administrative Review, 64 FR 9979 (Mar. 1, 1999); Industrial Phosphoric
Acid from Israel; Final Results of Changed Circumstances Review, 59 FR
6944 (Feb. 14, 1994). Thus, if the 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 former company, the
Department will accord the new company the same antidumping treatment
as its predecessor.
In its submission, A Foods has provided sufficient evidence to
warrant an expedited review to determine if it is the successor-in-
interest to May Ao. A Foods states that the company's management,
production facilities and customer/supplier relationships have not
changed as a result of the corporate name change. To support its
claims, A Foods submitted the following documents: (1) The A Foods
registration documentation, as filed with the Ministry of Commerce's
Registration Office of Thailand; (2) the ownership chart of May Ao
before, and A Foods after, the name change; (3) the board of directors
list of May Ao before, and A Foods after the name change; (4) the
[[Page 61704]]
Hazard Analysis & Critical Control Points (HACCP) Quality Manuals for
both A Foods and May Ao; (5) the A Foods 2009 financial statement; (6)
the local registration office notice of address change; (7) a list of
the suppliers of May Ao before, and A Foods after, the name change; (8)
a list of the customers of May Ao before, and A Foods after, the name
change; and (9) customer order forms of May Ao before, and A Foods
after, the name change.
Based on the evidence reviewed, we preliminarily find that A Foods
is the successor-in-interest to May Ao. We find that A Foods operates
as the same business entity as May Ao and that the production
facilities, supplier relationships, and customers have not changed as a
result of the name change. Further, A Foods operates under the same
HACCP Plan originally prepared by May Ao, and the senior management for
A Foods has remained the same since the name change from May Ao. Thus,
we preliminarily find that A Foods should receive the same antidumping
duty cash-deposit rate (i.e., 2.61 percent) with respect to the subject
merchandise as May Ao, its predecessor company.
However, because cash deposits are only estimates of the amount of
antidumping duties that will be due, changes in cash deposit rates are
not made retroactive. If A Foods believes that the deposits paid exceed
the actual amount of dumping, it is entitled to request an
administrative review during the anniversary month of the publication
of the order of those entries to determine the proper assessment rate
and receive a refund of any excess deposits. See Certain Hot-Rolled
Lead and Bismuth Carbon Steel Products From the United Kingdom: Final
Results of Changed-Circumstances Antidumping and Countervailing Duty
Administrative Reviews, 64 FR 66880 (Nov. 30, 1999). As a result, if
these preliminary results are adopted in our final results of this
changed circumstances review, we will instruct U.S. Customs and Border
Protection to suspend shipments of subject merchandise made by A Foods
at May Ao's cash deposit rate (i.e., 2.61 percent) effective on the
publication date of our final results.
Public Comment
Any interested party may request a hearing within 30 days of
publication of this notice. See 19 CFR 351.310(c). A hearing, if
requested, will be held 44 days after the date of publication of this
notice, or the first working day thereafter. Interested parties may
submit case briefs and/or written comments not later than 30 days after
the date of publication of this notice. Rebuttal briefs and rebuttals
to written comments, which must be limited to issues raised in such
briefs or comments, may be filed not later than 37 days after the date
of publication of this notice. Parties who submit arguments are
requested to submit with the argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.
Consistent with 19 CFR 351.216(e), we will issue the final results
of this changed circumstances review no later than 270 days after the
date on which this review was initiated, or within 45 days if all
parties agree to our preliminary finding. We are issuing and publishing
this finding and notice in accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216.
Dated: September 30, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-25218 Filed 10-5-10; 8:45 am]
BILLING CODE 3510-DS-P