[Federal Register Volume 85, Number 179 (Tuesday, September 15, 2020)]
[Notices]
[Pages 57192-57194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20317]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-840]


Certain Frozen Warmwater Shrimp From India: Notice of 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 (CCR) to determine if Hyson Exports Private 
Limited (Hyson Exports) is the successor-in-interest to Hyson Logistics 
and Marine Exports Private Limited (Hyson Logistics) in the context of 
the antidumping duty order on certain frozen warmwater shrimp (shrimp) 
from India. We preliminarily determine that Hyson Exports is the 
successor-in-interest to Hyson Logistics.

DATES: Applicable September 15, 2020.

FOR FURTHER INFORMATION CONTACT: Adam Simons, 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) 482-6172.

SUPPLEMENTARY INFORMATION: 

Background

    On February 1, 2005, Commerce published in the Federal Register an 
antidumping duty (AD) order on shrimp

[[Page 57193]]

from India.\1\ On July 23, 2020, Hyson Exports requested that, pursuant 
to section 751(b) of the Tariff Act of 1930, as amended (the Act), 19 
CFR 351.216, and 19 CFR 351.221(c)(3), Commerce conduct a CCR of the 
Order to confirm that Hyson Exports is the successor-in-interest to 
Hyson Logistics and, accordingly, to assign it the cash deposit rate of 
Hyson Logistics.\2\ In its submission, Hyson Exports stated that Hyson 
Logistics undertook a name change to Hyson Exports but is otherwise 
unchanged.\3\
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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 Hyson Exports' Letter, ``Request for Changed 
Circumstances Review: Certain Frozen Warmwater Shrimp from India,'' 
dated July 23, 2020 (Hyson Exports CCR Request).
    \3\ Id. at 3-4.
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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 
Certain Frozen Warmwater Shrimp from India: Final 2016-2017, 83 FR 
32835 (July 16, 2018), and accompanying Issues and Decision 
Memorandum at ``Scope of the Order.''
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Initiation and Preliminary Results of CCR

    Pursuant to section 751(b)(1) of the Act, Commerce will conduct a 
CCR upon receipt of information concerning, or a request from, an 
interested party for a review of an AD order which shows changed 
circumstances sufficient to warrant a review of the order. The 
information submitted by Hyson Exports supporting its claim that it is 
the successor-in-interest to Hyson Logistics demonstrates changed 
circumstances sufficient to warrant such a review.\5\ Therefore, in 
accordance with section 751(b)(1)(A) of the Act and 19 CFR 351.216(d) 
and (e), we are initiating a CCR based upon the information contained 
in Hyson Exports' 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 CCR 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 CCR, 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 
Hyson Exports is the successor-in-interest to Hyson Logistics. Record 
evidence, as submitted by Hyson Exports, indicates that Hyson Exports 
operates as essentially the same business entity as Hyson Logistics 
with respect to the subject merchandise.\11\ For the complete 
successor-in-interest analysis, including discussion of business 
proprietary information, refer to the accompanying successor-in-
interest memorandum.\12\ Commerce will issue its final results of the 
review in accordance with the time limits set forth in 19 CFR 
351.216(e).
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    \11\ See Hyson Exports 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 seven 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 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\ Note that Commerce has temporarily modified certain 
of its requirements for serving documents containing business 
proprietary information, until further notice.\15\
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    \13\ See 19 CFR 351.309(c)(2).
    \14\ See 19 CFR 351.303(b).
    \15\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Consistent 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 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

[[Page 57194]]

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CFR 351.216(b), 351.221(b) and 351.221(c)(3).

    Dated: September 9, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-20317 Filed 9-14-20; 8:45 am]
BILLING CODE 3510-DS-P