[Federal Register Volume 87, Number 216 (Wednesday, November 9, 2022)]
[Notices]
[Pages 67669-67671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24468]


=======================================================================
-----------------------------------------------------------------------

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 U.S. Department of Commerce (Commerce) is initiating a 
changed circumstances review (CCR) to determine if Kader Exports 
Private Limited (Kader Exports) is the successor-in-interest to the 
Liberty Group in the context of the antidumping duty (AD) order on 
certain frozen warmwater shrimp (shrimp) from India. We preliminarily 
determine that Kader Exports is the successor-in-interest to the 
Liberty Group.

DATES: Applicable November 9, 2022.

FOR FURTHER INFORMATION CONTACT: Adam Simons, AD/CVD Operations, Office 
II, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401

[[Page 67670]]

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 September 19, 2022, Kader Exports 
requested that Commerce conduct an expedited changed circumstances 
review, pursuant to section 751(b)(1) of the Tariff Act of 1930, as 
amended (the Act), 19 CFR 351.216, and 19 CFR 351.221(c)(3), to confirm 
that Kader Exports is the successor-in-interest to the Liberty Group 
\2\ for the purposes of determining AD cash deposits and 
liabilities.\3\ In its submission, Kader Exports notes that, in 2019, 
it underwent a restructuring in which the companies comprising the 
Liberty Group were merged into Kader Exports. In addition, Kader 
Exports notes that Liberty Oil Mills, a producer of non-subject 
merchandise, should no longer be collapsed with Kader Exports.\4\
---------------------------------------------------------------------------

    \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\ The Liberty Group includes the following affiliated 
companies: Devi Marine Food Exports Private Limited, Kader Exports 
Private Limited (Kader Exports), Kader Investment and Trading 
Company Private Limited, Liberty Frozen Foods Private Limited, 
Liberty Oil Mills Limited, Premier Marine Products Pvt. Ltd., and 
Universal Cold Storage Private Limited.
    \3\ See Kader Exports' Letter, ``Request for an expedited 
Changed Circumstances Review,'' dated September 19, 2022 (Kader 
Exports CCR Request).
    \4\ Id.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the Order is certain frozen warmwater 
shrimp.\5\ The product is currently classified under the following 
Harmonized Tariff Schedule of the United States (HTSUS) numbers: 
0306.17.00.03, 0306.17.00.04, 0306.17.00.05, 0306.17.00.06, 
0306.17.00.07, 0306.17.00.08, 0306.17.00.09, 0306.17.00.10, 
0306.17.00.11, 0306.17.00.12, 0306.17.00.13, 0306.17.00.14, 
0306.17.00.15, 0306.17.00.16, 0306.17.00.17, 0306.17.00.18, 
0306.17.00.19, 0306.17.00.20, 0306.17.00.21, 0306.17.00.22, 
0306.17.00.23, 0306.17.00.24, 0306.17.00.25, 0306.17.00.26, 
0306.17.00.27, 0306.17.00.28, 0306.17.00.29, 0306.17.00.40, 
0306.17.00.41, 0306.17.00.42, 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.
---------------------------------------------------------------------------

    \5\ For a complete description of the scope of the Order, see 
Memorandum, ``Initiation and Preliminary Results of Changed 
Circumstances Review,'' dated concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

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 Kader Exports supporting its claim that it is 
the successor-in-interest to Liberty Group demonstrates changed 
circumstances sufficient to warrant such a review.\6\ 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 Kader Exports' submission.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------

    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.\7\ 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.\8\
---------------------------------------------------------------------------

    \7\ 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).
    \8\ See, e.g., Pasta from Italy Preliminary Results, 80 FR at 
33480-41, unchanged in Pasta from Italy Final Results, 80 FR at 
48807.
---------------------------------------------------------------------------

    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.\9\ 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.\10\ 
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.\11\
---------------------------------------------------------------------------

    \9\ 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).
    \10\ See, e.g., Shrimp from India Preliminary Results, 81 FR at 
75377, unchanged in Shrimp from India Final Results, 81 FR at 90774.
    \11\ 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.
---------------------------------------------------------------------------

    In accordance with 19 CFR 351.216, we preliminarily determine that 
Kader Exports is the successor-in-interest to the Liberty Group. Record 
evidence, as submitted by Kader Exports, indicates that Kader Exports 
operates as essentially the same business entity as the Liberty Group 
with respect to the subject merchandise.\12\
---------------------------------------------------------------------------

    \12\ See Kader Exports CCR Request.
---------------------------------------------------------------------------

    For the complete successor-in-interest analysis, including 
discussion of business proprietary information, refer to the 
accompanying Preliminary Decision Memorandum. A list of the topics 
discussed in the Preliminary Decision Memorandum is included as the 
appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
    Commerce will issue its final results of the review in accordance 
with the time limits set forth in 19 CFR 351.216(e).

Public Comment

    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

[[Page 67671]]

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. An 
electronically filed document must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time on the established 
deadline.\14\ Note that Commerce has temporarily modified certain of 
its requirements for serving documents containing business proprietary 
information, until further notice.\15\
---------------------------------------------------------------------------

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

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request via ACCESS within 30 
days of publication of this notice. Hearing requests should contain: 
(1) the party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Oral 
presentations at the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing, in accordance with 19 CFR 
351.310(d).
    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 CFR 351.216(b), 
351.221(b) and 351.221(c)(3).

    Dated: November 3, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Initiation and Preliminary Results of the Changed Circumstances 
Review
V. Successor-in-Interest Determination
VI. Recommendation

[FR Doc. 2022-24468 Filed 11-8-22; 8:45 am]
BILLING CODE 3510-DS-P