[Federal Register Volume 83, Number 149 (Thursday, August 2, 2018)]
[Notices]
[Pages 37784-37785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16563]


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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: The Department of Commerce (Commerce) is initiating a changed 
circumstances review and preliminarily determining that Coastal Aqua 
Private Limited (CAPL) is the successor-in-interest to Coastal Aqua in 
the context of the antidumping duty order on certain frozen warmwater 
shrimp (shrimp) from India.

DATES: Applicable August 2, 2018.

FOR FURTHER INFORMATION CONTACT: Brittany Bauer, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: 202-482-3860.

SUPPLEMENTARY INFORMATION:.

Background

    On February 1, 2005, Commerce published in the Federal Register an 
antidumping duty order on shrimp from India.\1\ On June 13, 2018, CAPL 
requested that, pursuant to section 751(b)(1) of the Tariff Act of 
1930, as amended (the Act) and 19 CFR 351.216(b), Commerce conduct an 
expedited changed circumstances review of the Order to confirm that 
CAPL is the successor-in-interest to Coastal Aqua and, accordingly, to 
assign it the cash deposit rate of Coastal Aqua.\2\ In its submission, 
CAPL explained that Coastal Aqua undertook a business reorganization 
and transferred its shrimp business to CAPL.\3\ The domestic industry 
did not file any comments on this request.
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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 CAPL's Letter re: Certain Frozen Warmwater Shrimp form 
India: Request to Initiate a Successor-in-Interest Changed 
Circumstances Review for Coastal Aqua Private Limited, dated June 
13, 2018 (CAPL CCR Request).
    \3\ Id. at 1.
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Scope of the Order

    The merchandise subject to the order is certain frozen warmwater 
shrimp.\4\ 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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    \4\ For a complete description of the Scope of the Order, see 
12th AR, and accompanying Issues and Decision Memorandum at ``Scope 
of the Order.''
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Initiation and Preliminary Results

    Pursuant to section 751(b)(1) of the Act, Commerce 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 Coastal Aqua transferred its shrimp 
business to CAPL. This constitutes changed circumstances warranting a 
review of the order.\5\ 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 CAPL's 
submission.
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    \5\ See 19 CFR 351.216(d).
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    Section 351.221(c)(3)(ii) of Commerce's regulations permits 
Commerce to combine the notice of initiation of a changed circumstances 
review and the notice of preliminary results if Commerce concludes that 
expedited action is warranted.\6\ 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.\7\
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    \6\ See 19 CFR 351.221(c)(3)(ii). See also Certain Pasta from 
Italy: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015) 
(Pasta from Italy Preliminary Results) (unchanged in Certain Pasta 
from Italy: Final Results of Changed Circumstances Review, 80 FR 
48807 (August 14, 2015) (Pasta from Italy Final Results).
    \7\ See, e.g., Pasta from Italy Preliminary Results, 80 FR at 
33480-41 (unchanged in Pasta from Italy Final Results, 80 FR at 
48807).
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    In this changed circumstances review, pursuant to section 751(b) of 
the Act, Commerce conducted a successor-in-interest analysis. In making 
a successor-in-interest determination, Commerce examines several 
factors, including, but not limited to, changes in the following: (1) 
Management; (2) production facilities; (3) supplier relationships; and 
(4) customer base.\8\ While no single factor or combination of factors 
will necessarily provide a dispositive indication of a successor-in-
interest relationship, generally, Commerce 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.\9\ 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, Commerce may assign the new company the cash deposit rate of 
its predecessor.\10\
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    \8\ See, e.g., Certain Frozen Warmwater Shrimp from India: 
Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review, 81 FR 75376 (October 31, 2016) (Shrimp from 
India Preliminary Results) (unchanged in Certain Frozen Warmwater 
Shrimp from India: Notice of Final Results of Antidumping Duty 
Changed Circumstances Review, 81 FR 90774 (December 15, 2016) 
(Shrimp from India Final Results))
    \9\ See, e.g., Shrimp from India Preliminary Results, 81 FR at 
75377 (unchanged in Shrimp from India Final Results, 81 FR at 
90774).
    \10\ Id.; see also Notice of Final Results of Changed 
Circumstances Antidumping Duty Administrative Review: 
Polychloroprene Rubber from Japan, 67 FR 58, 59 (January 2, 2002); 
Ball Bearings and Parts Thereof from France: Final Results of 
Changed-Circumstances Review, 75 FR 34688, 34689 (June 18, 2010); 
and 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 
Commerce 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 
CAPL is the successor-in-interest to Coastal Aqua. Record evidence, as 
submitted by CAPL, indicates that CAPL operates as essentially the same 
business entity as Coastal Aqua with respect to the subject 
merchandise.\11\ For the complete successor-in-interest analysis, 
including discussion of business proprietary

[[Page 37785]]

information, refer to the accompanying successor-in-interest 
memorandum.\12\
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    \11\ See CAPL CCR Request.
    \12\ See Memorandum, ``Certain Frozen Warmwater Shrimp from 
India: Initiation and Preliminary Results of Changed Circumstances 
Review,'' dated concurrently with this notice.
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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.\13\ 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 https://access.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. 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.\14\
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    \13\ See 19 CFR 351.309(c)(2).
    \14\ 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: July 26, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive duties and functions of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-16563 Filed 8-1-18; 8:45 am]
BILLING CODE 3510-DS-P