[Federal Register Volume 77, Number 21 (Wednesday, February 1, 2012)]
[Notices]
[Pages 4993-4995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2233]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam: Initiation and Preliminary Results of Changed Circumstances 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: In response to a request for a changed circumstances review 
(``CCR'') of C. P. Vietnam Corporation, the Department of Commerce (the 
``Department'') is initiating a CCR of the antidumping duty order on 
certain frozen warmwater shrimp from the Socialist Republic of Vietnam 
(``Vietnam''). We have preliminarily concluded that C. P. Vietnam 
Corporation is the successor-in-interest to C. P. Vietnam Livestock 
Corporation, and, as a result, should be accorded the same treatment 
previously accorded to C. P. Vietnam Livestock Corporation with regard 
to the antidumping duty order on certain frozen warmwater shrimp from 
Vietnam. Interested parties are invited to comment on these preliminary 
results.

DATES: Effective Date: February 1, 2012.

FOR FURTHER INFORMATION CONTACT: Jerry Huang at (202) 482-4047, AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the antidumping duty order on certain 
frozen warmwater shrimp from Vietnam on February 1, 2005.\1\ C.P. 
Vietnam Livestock Co., Ltd. was granted separate rate status in the 
original investigation and the second administrative review.\2\ In July 
2008, during the fourth administrative review, the company converted 
from a limited liability company into a joint stock company, changing 
its name to C. P. Vietnam Livestock Corporation.\3\ In September 2011, 
C. P. Vietnam Livestock Corporation changed its name to C. P. Vietnam 
Corporation, eliminating the word ``Livestock.'' On December 13, 2011, 
C. P. Vietnam Corporation requested that the Department conduct a CCR 
to confirm that C. P. Vietnam Corporation is the successor-in-interest 
to C. P. Vietnam Livestock Corporation, for purposes of determining 
antidumping duties due as a result of the VN Shrimp Order.
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    \1\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater 
Shrimp From the Socialist Republic of Vietnam, 70 FR 5152 (February 
1, 2005) (``VN Shrimp Order'').
    \2\ See VN Shrimp Order; see also Certain Frozen Warmwater 
Shrimp from the Socialist Republic of Vietnam: Final Results and 
Final Partial Rescission of Antidumping Administrative Review, 73 FR 
52273 (September 9, 2008).
    \3\ See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Final Results and Partial Rescission of 
Antidumping Duty Administrative Review, 75 FR 47771 (August 9, 
2010).
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Scope of the Order 4
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    \4\ 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).
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    The scope of the order includes certain warmwater shrimp and 
prawns, whether frozen, wild-caught (ocean harvested) or farm-raised 
(produced by aquaculture), head-on or head-off, shell-on or peeled, 
tail-on or tail-off,\5\ deveined or not deveined, cooked or raw, or 
otherwise processed in frozen form.
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    \5\ ``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 (``HTS''), 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 (including dusted shrimp), 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 (HTS 
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 (HTS subheadings 0306.23.00.20 and 0306.23.00.40); (4) 
shrimp and prawns

[[Page 4994]]

in prepared meals (HTS subheading 1605.20.05.10); (5) dried shrimp and 
prawns; (6) Lee Kum Kee's shrimp sauce; \6\ (7) canned warmwater shrimp 
and prawns (HTS subheading 1605.20.10.40); and (8) 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 10
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    \6\ The specific exclusion for Lee Kum Kee's shrimp sauce 
applies only to the scope in the People's Republic of China case. 
percent of the product's total weight after being dusted, but prior 
to being frozen; and (5) that is subjected to individually quick 
frozen (``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.
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    The products covered by the order are currently classified under 
the following HTS subheadings: 0306.13.0003, 0306.13.0006, 
0306.13.0009, 0306.13.0012, 0306.13.0015, 0306.13.0018, 0306.13.0021, 
0306.13.0024, 0306.13.0027, 0306.13.0040, 1605.20.1010 and 
1605.20.1030. These HTS subheadings are provided for convenience and 
for customs purposes only and are not dispositive, but rather the 
written description of the scope of the order is dispositive.

Initiation and Preliminary Results of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(``the Act''), and
    19 CFR 351.216, the Department will conduct a CCR 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. The information submitted 
by C. P. Vietnam Corporation supporting its claim that C. P. Vietnam 
Corporation is the successor-in-interest to C. P. Vietnam Livestock 
Corporation, demonstrates changed circumstances sufficient to warrant 
such a review.\7\
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    \7\ See 19 CFR 351.216(d); see also Notice of Initiation and 
Preliminary Results of Antidumping Duty Changed Circumstances 
Review: Carbon and Certain Alloy Steel Wire Rod From Mexico, 75 FR 
67685 (November 3, 2010).
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    In accordance with the above-referenced regulation, the Department 
is initiating a CCR to determine whether C. P. Vietnam Corporation is 
the successor-in-interest to C. P. Vietnam Livestock Corporation. In 
determining whether one company is the successor-in-interest to 
another, the Department examines a number of factors including, but not 
limited to, changes in management, production facilities, supplier 
relationships, and customer base.\8\ Although no single factor will 
necessarily provide a dispositive indication of succession, generally, 
the Department will consider one company to be a successor-in-interest 
to another company if its resulting operation is similar to that of its 
predecessor.\9\ 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 prior company, the 
Department will assign the new company the cash-deposit rate of its 
predecessor.\10\
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    \8\ See Industrial Phosphoric Acid From Israel; Final Results of 
Antidumping Duty Changed Circumstances Review, 59 FR 6944 (February 
14, 1994).
    \9\ See Brass Sheet and Strip From Canada; Final Results of 
Antidumping Duty Administrative Review, 57 FR 20460 (May 13, 1992).
    \10\ Id.; Notice of Final Results of Changed Circumstances 
Antidumping Duty Administrative Review: Polychloroprene Rubber From 
Japan, 67 FR 58 (January 2, 2002); see also Ball Bearings and Parts 
Thereof from France: Final Results of Changed-Circumstances Review, 
75 FR 34688 (June 18, 2010) (the Department found successorship 
where the company changed its ownership structure, but made only 
minor changes to its operations, management, supplier relationships, 
and customer base).
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    In its December 13, 2011, submission, C. P. Vietnam Corporation 
provided information to demonstrate that it is the successor-in-
interest to C. P. Vietnam Livestock Corporation. With respect to 
management prior to and following the name change, the submission 
indicates that there has been no change in management, and the 
management structure has been unaffected by the change in the company's 
name.\11\ In addition, the submission indicates that the production 
facilities and equipment used by C. P. Vietnam Corporation and C. P. 
Vietnam Livestock Corporation are identical. Following the name change, 
C. P. Vietnam Corporation retained the same physical address and 
equipment as C. P. Vietnam Livestock Corporation.\12\ Furthermore, C. 
P. Vietnam Corporation has continued to use all of the same raw shrimp 
and packing materials suppliers that C. P. Vietnam Livestock 
Corporation used prior to the name change.\13\ Finally, C. P. Vietnam 
Corporation states that it has maintained the same U.S. customer base 
as C. P. Vietnam Livestock Corporation, listing the names of its U.S. 
customers.\14\ Given the continuity noted above, we have preliminarily 
determined that no material change has occurred with respect to C. P. 
Vietnam Livestock Corporation's management, production facilities, 
suppliers, or customer base as a result of the name change to C. P. 
Vietnam Corporation.
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    \11\ See Attachment 4 of CPV's December 13, 2011, submission.
    \12\ See Attachments 1 and 5 of CPV's December 13, 2011, 
submission.
    \13\ See Attachment 6 of CPV's December 13, 2011, submission.
    \14\ See CPV's December 13, 2011, submission at 7.
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    When it concludes that expedited action is warranted, the 
Department may publish the notice of initiation and preliminary results 
for a CCR concurrently.\15\ We have determined that expedition of this 
CCR is warranted because we have the information necessary to make a 
preliminary finding already on the record.\16\ In this case, we 
preliminarily find that C. P. Vietnam Corporation is the successor-in-
interest to C. P. Vietnam Livestock Corporation and, as such, is 
entitled to C. P. Vietnam Livestock Corporation's cash-deposit rate 
with respect to entries of subject merchandise.
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    \15\ See 19 CFR 351.221(c)(3)(ii); see also Initiation and 
Preliminary Results of Antidumping Duty Changed Circumstances 
Review: Canned Pineapple Fruit From Thailand, 69 FR 30878 (June 1, 
2004).
    \16\ See Ball Bearings and Parts Thereof from Japan: Initiation 
and Preliminary Results of Changed Circumstances Review, 71 FR 14679 
(March 23, 2006).
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    Should our final results remain the same as these preliminary 
results, effective the date of publication of the final results, we 
will instruct U.S. Customs and Border Protection to assign entries of 
merchandise produced or exported by C. P. Vietnam Corporation the 
antidumping duty cash-deposit rate applicable to C. P. Vietnam 
Livestock Corporation.

Public Comment

    Any interested party may request a hearing within 14 days of 
publication of this notice, in accordance with 19 CFR 351.310(c). 
Interested parties may submit case briefs and/or written comments no 
later than 14 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 5 days after the case briefs. Any hearing, if requested, 
will normally be held two days after rebuttal briefs are due, in 
accordance with 19 CFR 351.310(d)(1). Parties who submit case briefs or 
rebuttal briefs in this CCR are requested to submit with each argument 
(1) a statement of the issue and (2) a brief summary of the argument 
with an electronic version included. Consistent

[[Page 4995]]

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 of publication of these preliminary results if all 
parties agree to our preliminary finding.
    We are issuing and publishing this initiation and preliminary 
results notice in accordance with sections 751(b)(1) and 777(i)(1) of 
the Act and 19 CFR 351.216 and 351.221(c)(3).

    Dated: January 25, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-2233 Filed 1-31-12; 8:45 am]
BILLING CODE 3510-DS-P