[Federal Register Volume 75, Number 54 (Monday, March 22, 2010)]
[Notices]
[Pages 13492-13494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6253]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-840]
Certain Frozen Warmwater Shrimp From India: Initiation of
Antidumping Duty Changed-Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: March 22, 2010.
SUMMARY: The Department of Commerce (the Department) has received
information sufficient to warrant the initiation of a changed
circumstances review of the antidumping duty order on certain frozen
warmwater shrimp from India. Specifically, based on a request filed by
R.D.R. Exports, the Department is initiating a changed circumstances
review to determine whether R.D.R. Exports is the successor-in-interest
to Jaya Satya Marine Exports Pvt. Ltd. (Jaya Satya).
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 1, 2005, the Department published in the Federal
Register an antidumping duty order on certain frozen warmwater shrimp
from India. 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 (Feb. 1, 2005) (Shrimp Order).
On January 25, 2010, R.D.R. Exports informed the Department that it
purchased the packing plant formerly owned and operated by Jaya Satya,
and provided certain documentation related to this claim. Additionally,
R.D.R. Exports requested that the Department conduct an expedited
changed circumstances review under 19 CFR 351.221(c)(3)(iii) to confirm
that R.D.R. Exports is the successor-in-interest to Jaya Satya for
purposes of determining antidumping duty cash deposits and liabilities.
Normally, the Department will initiate a changed circumstances
review within 45 days of the date on which the request is filed. See 19
CFR 351.216(b). However, as explained in the memorandum from the Deputy
Assistant Secretary for Import
[[Page 13493]]
Administration, the Department has exercised its discretion to toll
deadlines for the duration of the closure of the Federal Government
from February 5, through February 12, 2010. Thus, all deadlines in this
segment of the proceeding have been extended by seven days. The revised
deadline for initiating this review is now March 18, 2010. See
Memorandum to the Record from Ronald Lorentzen, DAS for Import
Administration, regarding ``Tolling of Administrative Deadlines As a
Result of the Government Closure During the Recent Snowstorm,'' dated
February 12, 2010.
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.
---------------------------------------------------------------------------
\1\ ``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 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 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. 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 of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(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. In
accordance with 19 CFR 351.216(d), the Department has determined that
the information submitted by R.D.R. Exports includes evidence
sufficient to warrant initiating a changed circumstances review. In
antidumping duty changed circumstances reviews involving a successor-
in-interest determination, the Department typically examines several
factors including, but not limited to, changes in the following: (1)
Management; (2) production facilities; (3) supplier relationships; and
(4) customer base. See, e.g., Brake Rotors From the People's Republic
of China: Final Results of Changed Circumstances Antidumping Duty
Administrative Review, 70 FR 69941 (Nov. 18, 2005); and Notice of Final
Results of Changed-Circumstances Antidumping Duty Administrative
Review: Polychloroprene Rubber from Japan, 67 FR 58 (Jan. 2, 2002).
While no single factor or combination of 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). Thus, if the record evidence demonstrates that,
with respect to the production and sale of subject merchandise, the new
company operates as the same business entity as the predecessor
company, the Department will accord the new company the same
antidumping treatment as its predecessor. Id at 9980.
Based on the information provided in its submission, R.D.R. Exports
has provided sufficient evidence to warrant a review to determine if it
is the successor-in-interest to Jaya Satya. Therefore, pursuant to
section 751(b)(1) of the Act and 19 CFR 351.216(d), we are initiating a
changed circumstances review. However, although R.D.R. Exports has
provided information regarding the transfer of packing facilities from
Jaya Satya to R.D.R. Exports, we require additional time to solicit
further information related to the four successor-in-interest factors
listed above. Accordingly, we have determined that it would be
inappropriate for the Department to expedite this action by combining
the preliminary results of review with this notice of initiation, as
permitted under 19 CFR 351.221(c)(3)(ii). As a result, the Department
is not issuing preliminary results for this changed circumstances
review at this time.
The Department will issue questionnaires requesting additional
information for the review and will publish in the Federal Register a
notice
[[Page 13494]]
of preliminary results of changed circumstances review in accordance
with 19 CFR 351.221(b)(4) and 351.221(c)(3)(i). That notice will set
forth the factual and legal conclusions upon which our preliminary
results are based and a description of any action proposed. Pursuant to
19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity
to comment on the preliminary results. The Department will issue its
final results of review in accordance with the time limits set forth in
19 CFR 351.216(e).
This notice is in accordance with section 751(b)(1) of the Act.
Dated: March 16, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-6253 Filed 3-19-10; 8:45 am]
BILLING CODE 3510-DS-P