[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Notices]
[Pages 75376-75377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26214]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-840]


Certain Frozen Warmwater Shrimp From India: Initiation and 
Preliminary Results of Antidumping Duty Changed Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Avanti Frozen Foods Private Limited (Avanti Frozen) requested 
a changed circumstances review of the antidumping duty order on certain 
frozen warmwater shrimp (shrimp) from India. The Department of Commerce 
(Department) is initiating this changed circumstances review and 
preliminarily determining that Avanti Frozen is the successor-in-
interest to Avanti Feeds Limited (Avanti Feeds).

DATES: Effective October 31, 2016.

FOR FURTHER INFORMATION CONTACT: E. Whitley Herndon, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: 202-482-6274.

SUPPLEMENTARY INFORMATION: 

Background

    On February 1, 2005, the Department published in the Federal 
Register an antidumping duty order on shrimp from India.\1\ In the 
tenth administrative review of the Order, Avanti Feeds was assigned a 
cash deposit rate of 2.20 percent.\2\
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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 India, 70 FR 5147 (February 1, 2005) (Order).
    \2\ See Certain Frozen Warmwater Shrimp From India: Final 
Results of Antidumping Duty Administrative Review; Final 
Determination of No Shipments; 2014-2015, 81 FR 62867 (September 13, 
2016) (10th AR).
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    On September 7, 2016, Avanti Frozen requested that, pursuant to 
section 751(b)(1) of the Tariff Act of 1930, as amended (the Act) and 
19 CFR 351.216(b), the Department conduct a changed circumstances 
review of the Order to confirm that Avanti Frozen is the successor-in-
interest to Avanti Feeds.\3\ In its submission, Avanti Frozen explained 
that Avanti Feeds undertook a business reorganization and transferred 
its shrimp business to its subsidiary company, Avanti Frozen.\4\ The 
domestic industry did not file any comment for these preliminary 
results.
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    \3\ See Letter from Avanti Frozen entitled ``Frozen Warmwater 
Shrimp form India: Request to Initiate a Successor-in-Interest 
Changed Circumstances Review,'' dated September 7, 2016 (Avanti 
Frozen CCR Request).
    \4\ Id. at 2.
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Scope of the Order

    The merchandise subject to the order is certain frozen warmwater 
shrimp.\5\ The product is currently classified under the following 
Harmonized Tariff Schedule of the United States (HTSUS) item numbers: 
0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 
0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 
0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. 
Although the HTSUS numbers are provided for convenience and customs 
purposes, the written product description remains dispositive.
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    \5\ For a complete description of the Scope of the Order, see 
10th AR, and accompanying Issues and Decision Memorandum at 
``Scope.''
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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 received information indicating that Avanti Feeds has 
transferred its shrimp business to Avanti Frozen. This constitutes 
changed circumstances warranting a review of the order.\6\ Therefore, 
in accordance with section 751(b)(1) of the Act and 19 CFR 351.216(d) 
and (e), we are initiating a changed circumstances review based upon 
the information contained in Avanti Frozen's submission.
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    \6\ See 19 CFR 351.216(d).
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    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 the record contains 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 this changed circumstances review, pursuant to section 751(b) of 
the Act, the Department conducted a successor-in-interest analysis. In 
making a successor-in-interest determination, the Department examines 
several factors, including, but not limited to, changes in the 
following: (1) Management; (2) production facilities; (3) supplier

[[Page 75377]]

relationships; and (4) customer base.\7\ While no single factor or 
combination of factors will necessarily provide a dispositive 
indication of a successor-in-interest relationship, generally, the 
Department will 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.\8\ Thus, if the 
record 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 predecessor company, the Department may assign 
the new company the cash deposit rate of its predecessor.\9\
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    \7\ See, e.g., Notice of Final Results of Changed Circumstances 
Antidumping Duty Administrative Review: Polychloroprene Rubber From 
Japan, 67 FR 58 (January 2, 2002).
    \8\ See, e.g., Fresh and Chilled Atlantic Salmon From Norway; 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
    \9\ See, e.g., Circular Welded Non-Alloy Steel Pipe From the 
Republic of Korea; Preliminary Results of Antidumping Duty Changed 
Circumstances Review, 63 FR 14679 (March 26, 1998), unchanged in 
Circular Welded Non-Alloy Steel Pipe From Korea; Final Results of 
Antidumping Duty Changed Circumstances Review, 63 FR 20572 (April 
27, 1998), in which the Department found that a company which only 
changed its name and did not change its operations is a successor-
in-interest to the company before it changed its name.
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    In accordance with 19 CFR 351.216, we preliminarily determine that 
Avanti Frozen is the successor-in-interest to Avanti Feeds. Record 
evidence, as submitted by Avanti Frozen, indicates that Avanti Frozen 
operates as essentially the same business entity as Avanti Feeds with 
respect to the subject merchandise.\10\ For the complete successor-in-
interest analysis, including discussion of business proprietary 
information, refer to the accompanying successor-in-interest 
memorandum.\11\
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    \10\ See Avanti Frozen CCR Request.
    \11\ See Memorandum to Melissa G. Skinner, Director, Office II, 
entitled ``Certain Frozen Warmwater Shrimp from India: Preliminary 
Successor-In-Interest Determination'' dated concurrently with this 
notice.
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    Record evidence, as submitted by Avanti Frozen, indicates that the 
shrimp business was transferred fully from Avanti Feeds to its 
subsidiary, Avanti Frozen. Specifically, Avanti Frozen provided a 
Business Transfer Agreement which transfers Avanti Feed's entire shrimp 
business to Avanti Frozen; approvals from various governing entities 
approving/confirming the transfer of the shrimp business from Avanti 
Feeds to Avanti Frozen; letters notifying customers, suppliers, and 
employees of the business transfer; Avanti Frozen's first annual 
report; charts demonstrating the board of directors and equity 
stockholders of both Avanti Feed and Avanti Frozen; and a list of 
suppliers, customers, and production and business locations before and 
after the transfer.\12\ In summary, Avanti Frozen presented evidence to 
support its claim of successorship and the transfer did not impact any 
of the criteria that the Department typically looks to when making a 
changed circumstances determination.
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    \12\ See Avanti Frozen CCR Request.
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    We find that the evidence provided by Avanti Frozen is sufficient 
to preliminarily determine that the transfer of shrimp operations from 
Avanti Feeds to its subsidiary Avanti Frozen did not affect the 
company's operations in a meaningful way. Therefore, based on the 
aforementioned reasons, we preliminarily determine that Avanti Frozen 
is the successor-in-interest to Avanti Feeds and, thus, should receive 
the same antidumping duty treatment with respect to the subject 
merchandise as Avanti Feeds.

Public Comment

    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of publication of this notice. In accordance 
with 19 CFR 351.309(c)(1)(ii), interested parties may submit case 
briefs not later than 30 days after the date of publication of this 
notice. Rebuttal briefs, 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). Parties who submit case or rebuttal 
briefs are encouraged to submit with each argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities. All comments are to be filed electronically using 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS) available to registered 
users at http://iaaccess.trade.gov and in the Central Records Unit, 
Room B8024 of the main Department of Commerce building, and must also 
be served on interested parties.29 An electronically filed document 
must be received successfully in its entirety by ACCESS by 5:00 p.m. 
Eastern Time on the day it is due.\13\
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    \13\ See 19 CFR 351.303(b).
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    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. This notice is published in 
accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 
351.216(b), 351.221(b) and 351.221(c)(3).

    Dated: October 24, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-26214 Filed 10-28-16; 8:45 am]
 BILLING CODE 3510-DS-P