[Federal Register Volume 85, Number 242 (Wednesday, December 16, 2020)]
[Notices]
[Pages 81449-81450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27686]


-----------------------------------------------------------------------

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 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 order on certain frozen warmwater 
shrimp from India.

DATES: Applicable December 16, 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 October 7, 2020, in response to a request by LNSK Greenhouse 
Agro,\1\ Commerce published a notice of initiation of changed 
circumstances review to consider whether LNSK Greenhouse Agro is the 
successor in interest to Greenhouse Agro.\2\ On October 6, 2020, we 
issued a supplemental questionnaire to LNSK Greenhouse Agro, to which 
we received a response on October 20, 2020.\3\
---------------------------------------------------------------------------

    \1\ See LNSK Greenhouse Agro's Letter, ``LNSK Greenhouse Agro's 
Request for a Changed Circumstances Review in Certain Frozen 
Warmwater Shrimp From India, Case No. A-533-840,'' dated August 17, 
2020 (LNSK Greenhouse Agro CCR Request).
    \2\ See Certain Frozen Warmwater Shrimp from India: Notice of 
Initiation of Antidumping Duty Changed Circumstances Review, 85 FR 
63252 (October 7, 2020).
    \3\ See LNSK Greenhouse Agro's Letter, ``Supplemental Response 
in the AD Successor-In-Interest Changed Circumstances Review in 
Certain Frozen Warmwater Shrimp from India (A-533-840),'' dated 
October 20, 2020 (SQR).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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; 2016-2017, 83 FR 32835 (July 
16, 2018), and accompanying Issues and Decision Memorandum at 
``Scope of the Order.''
---------------------------------------------------------------------------

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 81450]]

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\
---------------------------------------------------------------------------

    \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); 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.
---------------------------------------------------------------------------

    In accordance with 19 CFR 351.216, we preliminarily determine that 
LNSK Greenhouse Agro is the successor in interest to Greenhouse Agro. 
Record evidence, as submitted by LNSK Greenhouse Agro, indicates that 
LNSK Greenhouse Agro operates as essentially the same business entity 
as Greenhouse Agro 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\ Commerce will issue its final results of the 
review in accordance with the time limits set forth in 19 CFR 
351.216(e).
---------------------------------------------------------------------------

    \8\ See LNSK Greenhouse Agro CCR Request; and SQR.
    \9\ See Memorandum, ``Certain Frozen Warmwater Shrimp from 
India: Preliminary Results of Changed Circumstances Review,'' dated 
concurrently with this notice.
---------------------------------------------------------------------------

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.\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. 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\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\12\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309(c)(2).
    \11\ See 19 CFR 351.303(b).
    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    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.
    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Act and 19 CFR 351.221(b)(4) and (c)(3).

    Dated: December 10, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-27686 Filed 12-15-20; 8:45 am]
BILLING CODE 3510-DS-P