[Federal Register Volume 78, Number 39 (Wednesday, February 27, 2013)]
[Notices]
[Pages 13324-13325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04550]



[[Page 13324]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-893]


Certain Frozen Warmwater Shrimp From the People's Republic of 
China: Notice of Preliminary Reconsideration of Changed Circumstances 
Review

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

SUMMARY: The Department of Commerce (``Department'') has received 
information sufficient to warrant reconsideration of a completed 
changed circumstances review (``CCR'') of the antidumping duty order on 
certain frozen warmwater shrimp from the People's Republic of China 
(``PRC'') originally conducted in 2007.\1\ Based on evidence uncovered 
in the sixth administrative review (``AR6'') of this proceeding,\2\ we 
find the information submitted by Hilltop International (``Hilltop'') 
\3\ in this CCR contains material misrepresentations and, consequently, 
is unusable for any purposes. Accordingly, our original determination 
that Hilltop is the successor-in-interest to Yelin Enterprise Co. Hong 
Kong (``Yelin'') is preliminarily reversed such that Hilltop should 
properly be considered part of the PRC-wide entity, absent a 
determination of its own rate, separate from the PRC-wide entity.\4\
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    \1\ See Certain Frozen Warmwater Shrimp from the People's 
Republic of China: Notice of Final Results of Changed Circumstances 
Review, 72 FR 33447 (June 18, 2007).
    \2\ See Administrative Review of Certain Frozen Warmwater Shrimp 
From the People's Republic of China: Final Results, Partial 
Rescission of Sixth Antidumping Duty Administrative Review and 
Determination Not To Revoke in Part, 77 FR 53856, and accompanying 
Issues and Decision Memorandum.
    \3\ Hilltop is affiliated with Yangjiang City Yelin Hoitat Quick 
Frozen Seafood Co., Ltd., Fuqing Yihua Aquatic Food Co., Ltd., Yelin 
Enterprise Co., Ltd., Ocean Beauty Corporation, Ever Hope 
International Co., Ltd., Ocean Duke Corporation and Kingston Foods 
Corporation. Further, the Department has found Hilltop, Yelin 
Enterprise Co., Ltd., Ocean Beauty Corporation, and Ever Hope 
International Co., Ltd. to be a single entity. See Certain Frozen 
Warmwater Shrimp From the People's Republic of China: Preliminary 
Results, Partial Rescission, Extension of Time Limits for the Final 
Results, and Intent To Revoke, in Part, of the Sixth Antidumping 
Duty Administrative Review, 77 FR 12801, 12804 (March 2, 2012); 
unchanged in Administrative Review of Certain Frozen Warmwater 
Shrimp From the People's Republic of China: Final Results and 
Partial Rescission of Antidumping Duty Administrative Review, 76 FR 
51940 (August 19, 2011).
    \4\ See, e.g., Certain New Pneumatic Off-the-Road Tires From the 
People's Republic of China: Final Results of Changed Circumstances 
Review, 75 FR 46914, 46916 (August 4, 2010); Frozen Warmwater Shrimp 
from Vietnam: Notice of Final Results of Antidumping Duty Changed 
Circumstances Reviews, 74 FR 42050, 42051 (August 20, 2009).

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DATES: Effective February 27, 2013.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-2593.

SUPPLEMENTARY INFORMATION:

Background

    Yelin was formally dissolved on December 12, 2006.\5\ On March 16, 
2007, Hilltop filed a submission requesting that the Department conduct 
a CCR of the antidumping duty order on certain frozen warmwater shrimp 
from the PRC to confirm that Hilltop is the successor-in-interest to 
Yelin.\6\ On May 2, 2007, the Department published a combined 
initiation and preliminary results finding that Hilltop was the 
successor-in-interest to Yelin.\7\ On June 18, 2007, this finding was 
confirmed in the final results of this CCR.\8\
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    \5\ See Letter from Hilltop to the Secretary of Commerce 
``Request for Expedited Changed Circumstances Determination'' (March 
16, 2007).
    \6\ See id.
    \7\ Certain Frozen Warmwater Shrimp from the People's Republic 
of China: Notice of Initiation and Preliminary Results of Changed 
Circumstances Review, 72 FR 24273 (May 2, 2007).
    \8\ See Certain Frozen Warmwater Shrimp from the People's 
Republic of China: Notice of Final Results of Changed Circumstances 
Review, 72 FR 33447 (June 18, 2007).
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    On December 5, 2012, we determined that we would reconsider this 
CCR determination in light of certain evidence discovered in AR6.\9\ On 
December 13, 2012, the Department placed public documents submitted in 
AR6 on the record of this proceeding.\10\ On December 17, 2012, the 
Department placed documents containing business proprietary information 
obtained during the first administrative review and AR6 on the record 
of this proceeding.\11\
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    \9\ See Letter to All Interested Parties from Catherine 
Bertrand, Program Manager, Office 9, ``Certain Frozen Warmwater 
Shrimp from the People's Republic of China: Reopening the Record of 
Changed Circumstance Review'' (December 5, 2012).
    \10\ See Memo to the File from Kabir Archuletta, International 
Trade Analyst, Office 9, ``Placing Documents on the Record of 
Changed Circumstances Review'' (December 13, 2012).
    \11\ See Memo to the File from Kabir Archuletta, International 
Trade Analyst, Office 9, ``Placing Documents on the Record of 
Changed Circumstances Review'' (December 17, 2012).
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    On December 31, 2012, the Department received comments from 
Petitioner on the documents placed on the record of this CCR.\12\ On 
January 7, 2013, the Department received rebuttal comments from 
Hilltop.\13\
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    \12\ See Letter from the Ad Hoc Shrimp Trade Action Committee to 
the Secretary of Commerce ``Comments on Record Evidence'' (December 
31, 2012).
    \13\ See Letter from Hilltop to the Secretary of Commerce 
``Hilltop Rebuttal Comments: Certain Frozen Warmwater Shrimp from 
the PRC: Reopening the Record of Changed Circumstances Review'' 
(January 7, 2013).
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Scope of Order

    The merchandise that is subject to the order is certain frozen 
warmwater shrimp from the PRC. The products subject to the order at the 
time of this CCR was originally conducted \14\ were classified under 
U.S. Harmonized Tariff Schedule (``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. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise remains dispositive.\15\
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    \14\ We note that on April 26, 2011, the Department amended the 
antidumping duty order to include dusted shrimp, pursuant to the 
U.S. Court of International Trade (``CIT'') 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). The scope 
referenced here is the scope that was in effect when the Department 
conducted this original CCR proceeding.
    \15\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater 
Shrimp From the People's Republic of China, 70 FR 5149 (February 1, 
2005).
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Preliminary Reconsideration

    For a full description of our findings in this preliminary 
reconsideration, please see the Preliminary Reconsideration 
Memorandum.\16\ The Preliminary Reconsideration Memorandum is a public 
document on file electronically via Import Administration's Antidumping 
and Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit, room 7046 of the 
main

[[Page 13325]]

Department of Commerce building. In addition, a complete version of the 
Preliminary Reconsideration Memorandum can be accessed directly on the 
Internet at http://www.trade.gov/ia/. The signed Preliminary 
Reconsideration Memorandum and the electronic versions of the 
Preliminary Reconsideration Memorandum are identical in content.
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    \16\ See ``Decision Memorandum for Preliminary Reconsideration 
of Changed Circumstances Review: Certain Frozen Warmwater Shrimp 
from the People's Republic of China,'' (``Preliminary 
Reconsideration Memorandum'') from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Import Administration, dated 
concurrently with these results and hereby adopted by this notice.
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    For the reasons detailed in the Preliminary Reconsideration 
Memorandum, we preliminarily determine that Hilltop is not the 
successor-in-interest to Yelin and is considered part of the PRC-wide 
entity. In making this determination we have relied on adverse facts 
available, in accordance with section 776(a) and (b) of the Tariff Act 
of 1930, as amended (``the Act'').

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 no later than 14 days after 
the date of publication of this notice, in accordance with 19 CFR 
351.309(c)(1)(ii). Rebuttal briefs, which must be limited to issues 
raised in the case briefs, may be filed no later than five days after 
the case briefs, in accordance with 19 CFR 351.309(d)(1). Any hearing, 
if requested, will normally be held two days after rebuttal briefs are 
due, in accordance with 19 CFR 351.310(d)(1).
    The Department will issue its final results of review within 270 
days after the date on which the preliminary reconsideration of this 
CCR is published in the Federal Register, or within 45 days if all 
parties to the proceeding agree to the outcome of the review, in 
accordance with 19 CFR 351.216(e), and will publish these results in 
the Federal Register.
    The current requirement for a cash deposit of estimated antidumping 
duties on all subject merchandise will continue unless and until it is 
modified pursuant to the final results of this CCR. We note that 
Hilltop was determined to be part of the PRC-wide entity in AR6 and is 
currently subject to the cash deposit requirements applicable to the 
PRC-wide entity.
    This notice is published in accordance with sections 751(b) and 
777(i) of the Act and 19 CFR 351.216.

    Dated: February 21, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-04550 Filed 2-22-13; 4:15 pm]
BILLING CODE 3510-DS-P