[Federal Register Volume 84, Number 155 (Monday, August 12, 2019)]
[Notices]
[Pages 39809-39810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17100]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-840]
Certain Frozen Warmwater Shrimp From India: Preliminary Results
of Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Sunrise Seafoods India Private Limited (SSIPL) is the successor-
in-interest to Sunrise Aqua Food Exports (SAFE) in the context of the
antidumping duty order on certain frozen warmwater shrimp (shrimp) from
India.
DATES: Applicable August 12, 2019.
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 December 26, 2018, in response to a request by SSIPL, Commerce
published a notice of initiation of changed circumstances review to
consider whether SSIPL is the successor-in-interest to SAFE.\1\ On
March 5, 2019, we issued a supplemental questionnaire to SSIPL,\2\ and
we received a response during the same month.\3\
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\1\ See Certain Frozen Warmwater Shrimp from India: Initiation
of Antidumping Duty Changed Circumstances Review, 83 FR 66244
(December 26, 2018).
\2\ See Commerce's Letter, ``Certain Frozen Warmwater Shrimp
from India: Successor-In-Interest Changed Circumstances Review
Supplemental Questionnaire,'' dated March 5, 2019.
\3\ See SSIPL's March 15, 2019 Supplemental Questionnaire
Response (SSIPL March 15, 2019 SQR).
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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
Memorandum, ``Certain Frozen Warmwater Shrimp from India:
Preliminary Results of Changed Circumstances Review,'' dated
concurrently with this notice.
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Preliminary Results
In this changed circumstances review, pursuant to section 751(b) of
the Tariff Act of 1930, as amended (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.\5\ While
no single
[[Page 39810]]
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.\6\ 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.\7\
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\5\ See, e.g., Certain Frozen Warmwater Shrimp from India:
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review, 83 FR 37784 (August 2, 2018) (Shrimp from
India Preliminary Results), unchanged in Certain Frozen Warmwater
Shrimp from India: Notice of Final Results of Antidumping Duty
Changed Circumstances Review, 83 FR 49909 (October 3, 2018) (Shrimp
from India Final Results).
\6\ See, e.g., Shrimp from India Preliminary Results, 83 FR at
37784, unchanged in Shrimp from India Final Results, 83 FR at 49909.
\7\ See Shrimp from India Preliminary Results, 83 FR at 37784,
unchanged in Shrimp from India Final Results, 83 FR at 49910; 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
SSIPL is the successor-in-interest to SAFE. Record evidence, as
submitted by SSIPL, indicates that SSIPL operates as essentially the
same business entity as SAFE with respect to the subject
merchandise.\8\ For the complete successor-in-interest analysis,
including discussion of business proprietary information, refer to the
accompanying successor-in-interest memorandum.\9\
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\8\ See SSIPL's Letter, ``Frozen Warmwater Shrimp from India:
Request to Initiate a Successor-in-Interest Changed Circumstances
Review,'' dated October 31, 2018, and SSIPL March 15, 2019 SQR.
\9\ See Memorandum, ``Certain Frozen Warmwater Shrimp from
India: 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.\10\ 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.\11\
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\10\ See 19 CFR 351.309(c)(2).
\11\ 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: August 5, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-17100 Filed 8-9-19; 8:45 am]
BILLING CODE 3510-DS-P