[Federal Register Volume 85, Number 195 (Wednesday, October 7, 2020)]
[Notices]
[Pages 63252-63253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22206]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-840]


Certain Frozen Warmwater Shrimp From India: Notice of Initiation 
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 LNSK Greenhouse Agro 
Products LLP (LNSK Greenhouse Agro) is the successor-in-interest to 
Green House Agro Products (Greenhouse Agro) in the context of the 
antidumping duty (AD) order on certain frozen warmwater shrimp (shrimp) 
from India.

DATES: Applicable October 7, 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 
AD order on shrimp from India.\1\ On August 17, 2020, LNSK Greenhouse 
Agro 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 to determine that LNSK Greenhouse Agro is the 
successor-in-interest to Greenhouse Agro, and accordingly to assign it 
the cash deposit rate of Greenhouse Agro.\2\ In its submission, LNSK 
Greenhouse Agro stated that Greenhouse Agro undertook a name change to 
LNSK Greenhouse Agro and changed its corporate

[[Page 63253]]

structure to become a limited liability partnership.\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 LNSK Greenhouse Agro's Letter, ``Request for Changed 
Circumstances Review: Certain Frozen Warm water Shrimp from India,'' 
dated August 17, 2020.
    \3\ Id. at 8.
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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 Results of 
Antidumping Duty Administrative Review; 2017-2018, 84 FR 57847 
(October 29, 2019), and accompanying Issues and Decision Memorandum 
at ``Scope of the Order'' section.
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Initiation of CCR

    Pursuant to section 751(b)(1)(A) of the Act and 19 CFR 351.216(d), 
Commerce conducts 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 LNSK Greenhouse Agro regarding its 
claim that it is the successor-in-interest to Greenhouse Agro 
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 LNSK Greenhouse Agro's submission.
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    \5\ See 19 CFR 351.216(d).
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    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.\6\ While no single factor or 
combination of factors necessarily provides a dispositive indication of 
a successor-in-interest relationship, generally Commerce considers 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.\7\ 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.\8\
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    \6\ 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).
    \7\ See, e.g., Shrimp from India Preliminary Results, 81 FR at 
75377, unchanged in Shrimp from India Final Results, 81 FR at 90774.
    \8\ 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 its CCR request, LNSK Greenhouse Agro has provided sufficient 
evidence to warrant a review to determine if LNSK Greenhouse Agro is 
the successor-in-interest to Greenhouse Agro for purposes of the AD 
order on shrimp from India. Commerce intends to publish in the Federal 
Register a notice of preliminary results of the CCR, in accordance with 
19 CFR 351.221(b)(4) and 351.221(c)(3)(i), which will set forth 
Commerce's preliminary factual and legal conclusions. Pursuant to 19 
CFR 351.221(b)(4)(ii), interested parties will have an opportunity to 
comment on the preliminary results. Commerce will issue its final 
results of the review in accordance with the time limits set forth in 
19 CFR 351.216(e).

Notification to Interested Parties

    We are issuing this notice in accordance with sections 751(b)(1) 
and 777(i) of the Act and 19 CFR 351.216 and 351.221(b)(1).

    Dated: October 1, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-22206 Filed 10-6-20; 8:45 am]
BILLING CODE 3510-DS-P