Notice2021-14571
Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review
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Published
July 8, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) to determine whether Camimex Group Joint Stock Company is the successor-in-interest to Camau Frozen Seafood Processing Import Export Corporation in the context of the antidumping duty (AD) order on certain frozen warmwater shrimp (shrimp) from the Socialist Republic of Vietnam (Vietnam). We also preliminarily determine that Camimex Group Joint Stock Company is the successor-in- interest to Camau Frozen Seafood Processing Import Export Corporation. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 128 (Thursday, July 8, 2021)</title>
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[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Pages 36091-36093]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14571]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: 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 whether Camimex Group Joint
Stock Company is the successor-in-interest to Camau Frozen Seafood
Processing Import Export Corporation in the context of the antidumping
duty (AD) order on certain frozen warmwater shrimp (shrimp) from the
Socialist Republic of Vietnam (Vietnam). We also preliminarily
determine that Camimex Group Joint Stock Company is the successor-in-
interest to Camau Frozen Seafood Processing Import Export Corporation.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable July 8, 2021.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Samuel Glickstein,
AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6905
or (202) 482-5307, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2005, Commerce published the AD order on shrimp from
Vietnam.\1\ In the original investigation, we selected Camau Frozen
Seafood Processing Import Export Corporation as a mandatory respondent
and granted it a separate rate.\2\ Camau Frozen Seafood Processing
Import Export Corporation's separate rate status has not changed in
subsequent administrative reviews of the Order. Most recently, in the
administrative review covering the period February 1, 2017, through
January 31, 2018, we assigned Camau Frozen Seafood Processing Import
Export Corporation a separate rate, as a non-individually examined
exporter under review.\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 the Socialist Republic of Vietnam, 70 FR 5152 (February
1, 2005) (Order).
\2\ Id.
\3\ See Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Final Results of Antidumping Duty
Administrative Review, 2017-2018, 84 FR 44859, 44860 (August 27,
2019).
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On June 2, 2021, Camimex Group Joint Stock Company requested that,
pursuant to section 751(b) of the Tariff Act of 1930, as amended (the
Act), Commerce conduct a CCR of the Order to confirm that Camimex Group
Joint Stock Company is the successor-in-interest to Camau Frozen
Seafood Processing Import Export Corporation and, accordingly, to
assign it the cash deposit rate of its predecessor.\4\ In its request,
Camimex Group Joint Stock Company stated that it undertook a legal name
change from Camau Frozen Seafood Processing Import Export Corporation,
but the company is, otherwise, unchanged with regard to the factors to
be examined.\5\ No interested parties filed comments opposing the CCR
request.
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\4\ See Camimex Group Joint Stock Company's Letter, ``Request
for Changed Circumstances Review,'' dated June 2, 2021 (CCR
Request). Camimex Group Joint Stock Company also requested that
Commerce conduct an expedited initiation and preliminary results of
CCR, pursuant to 19 CFR 351.221(c)(3)(ii).
\5\ Id. at 4-9.
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Scope of the Order
The merchandise subject to the Order is certain frozen warmwater
shrimp. 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 for customs
purposes, the written product description, provided in the Appendix,
remains dispositive.
Initiation and Preliminary Results of CCR
Pursuant to section 751(b)(1) of the Act, and 19 CFR 351.216,
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 Camimex Group Joint Stock Company
supporting its claim that it is the successor-in-interest to Camau
Frozen Seafood Processing Import Export Corporation, demonstrates
changed circumstances sufficient to warrant such a review.\6\
Therefore, in accordance with 751(b)(1)(A) of the Act and 19 CFR
351.216(d), we are initiating a CCR based on the information contained
in the CCR Request. 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. 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 351.216(d); see also Notice of Initiation and
Preliminary Results of Antidumping Duty Changed Circumstances
Review: Carbon and Certain Alloy Steel Wire Rod from Mexico, 75 FR
67685 (November 3, 2010).
\7\ See 19 CFR 351.221(C)(3)(II); see also, e.g., Notice of
Initiation and Preliminary Results of Changed Circumstances Reviews:
Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China, 85 FR 5193 (January 29, 2020), unchanged in
Certain Passenger Vehicle and Light Truck Tires from the People's
Republic of China: Final Results of Changed Circumstances Reviews,
85 FR 14638 (March 13, 2020).
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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)
[[Page 36092]]
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 Certain Pasta from Italy: Initiation and Preliminary
Results of Antidumping Duty Changed Circumstances Review, 80 FR
33480, 33480-41 (June 12, 2015), unchanged in Certain Pasta from
Italy: Final Results of Changed Circumstances Review, 80 FR 48807
(August 14, 2015) (Pasta from Italy); {Certain{time} Frozen
Warmwater Shrimp from the Socialist Republic of Vietnam: Initiation
and Preliminary Results of Changed Circumstances Review, 76 FR 20318
(April 12, 2011), unchanged in {Certain{time} Frozen Warmwater
Shrimp from the Socialist Republic of Vietnam: Final Results of
Antidumping Duty Changed Circumstances Review, 76 FR 30648 (May 26,
2011) (Shrimp from Vietnam).
\9\ See Pasta from Italy; and Shrimp from Vietnam.
\10\ Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative Review:
Polychloroprene Rubber from Japan, 67 FR 58 (January 2, 2002); see
also Ball Bearings and Parts Thereof from France: Final Results of
Changed-Circumstances Review, 75 FR 34688 (June 18, 2010) (Commerce
found successorship where the company changed its ownership
structure, but made only minor changes to its operations,
management, supplier relationships, and customer base).
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In its CCR Request, Camimex Group Joint Stock Company provided
information to demonstrate that it is the successor-in-interest to
Camau Frozen Seafood Processing Import Export Corporation. We have
reviewed the information provided to determine whether there were
changes in management, production facilities, supplier relationships,
and customer base.
With respect to management prior to and following the name change,
Camimex Group Joint Stock Company demonstrated that it has the same
management team, including the chairman and members of the board, as
Camau Frozen Seafood Processing Import Export Corporation.\11\
Additionally, Camimex Group Joint Stock Company provided evidence that
its organizational structure is identical to that of predecessor Camau
Frozen Seafood Processing Import Export Corporation.\12\ Furthermore,
Camimex Group Joint Stock Company provided evidence that its production
facilities and contents therein and those of predecessor Camau Frozen
Seafood Processing Import Export Corporation are unchanged; Camimex
Group Joint Stock Company retained the same address as Camau Frozen
Seafood Processing Import Export Corporation.\13\
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\11\ See CCR Request at 6-7 and Attachment 5.
\12\ Id.
\13\ Id. at 7, 9-10 and Attachments 1 and 9. Camimex Group Joint
Stock Company also included sales documentation demonstrating that
it and the predecessor company share the same address, telephone
number, and email address.
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Camimex Group Joint Stock Company also demonstrated that it
continues to source finished product from its affiliated subsidiary,
Camimex Seafood Company Ltd. (the producer of subject merchandise),
which Camimex Group Joint Stock Company, in turn, resells to foreign
and domestic markets. This is unchanged from the producer/seller
relationship between subsidiary producer, Camimex Seafood Company Ltd.
and predecessor Camau Frozen Seafood Processing Import Export
Corporation.\14\ With regard to customer base, in its CCR Request,
Camimex Group Joint Stock Company provided a letter sent to customers
and partners notifying them of the company's name change, thereby
demonstrating that it retained the predecessor company's customers.\15\
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\14\ Id. at 7 and Attachment 6.
\15\ Id. at 8-9 and Attachment 8.
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Therefore, given the continuity noted above, and consistent with
our practice,\16\ we preliminarily determine that no significant
changes occurred with respect to Camau Frozen Seafood Processing Import
Export Corporation's management, production facilities, suppliers, or
customer base as a result of the name change to Camimex Group Joint
Stock Company. In accordance with 19 CFR 351.216, we preliminarily
determine that Camimex Group Joint Stock Company is the successor-in-
interest to Camau Frozen Seafood Processing Import Export Corporation.
Record evidence demonstrates that Camimex Group Joint Stock Company
operates as the same business entity as Camau Frozen Seafood Processing
Import Export Corporation with respect to subject merchandise, as
discussed above. As such, Camimex Group Joint Stock Company is entitled
to Camau Frozen Seafood Processing Import Export Corporation's cash
deposit rate with respect to entries of subject merchandise.
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\16\ See, e.g., Certain Softwood Lumber Products from Canada:
Notice of Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 86 FR 22934 (April 30, 2021),
unchanged in Certain Softwood Lumber Products from Canada: Notice of
Final Results of Antidumping Duty Changed Circumstances Review, 86
FR 33222 (June 24, 2021).
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Should our final results remain unchanged from these preliminary
results, we will instruct U.S. Customs and Border Protection to assign
entries of subject merchandise exported by Camimex Group Joint Stock
Company the AD cash deposit rate applicable to Camau Frozen Seafood
Processing Import Export Corporation. 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
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).\17\ 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.\18\ 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 <a href="https://access.trade.gov">https://access.trade.gov</a>, 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.\19\ Note that Commerce has temporarily modified certain
requirements for serving documents containing business proprietary
information, until further notice.\20\
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\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006, 17007 (March 26, 2020).
\18\ See 19 CFR 351.309(c)(2).
\19\ See 19 CFR 351.303(b).
\20\ 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), Commerce 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 of publication of these
preliminary results, 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) and 351.221(c)(3)(ii).
[[Page 36093]]
Dated: July 1, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
Scope of the Order
The scope of the order includes certain frozen warmwater shrimp
and prawns, whether wildcaught (ocean harvested) or farm-raised
(produced by aquaculture), head-on or head-off, shell-on or peeled,
tail-on or tail-off,\21\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
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\21\ ``Tails'' in this context means the tail fan which includes
the telson and the uropods.
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The frozen warmwater shrimp and prawn products included in the
scope of the order, regardless of definitions in the Harmonized
Tariff Schedule of the United States (``HTS''), are products which
are processed from warmwater shrimp and prawns through freezing and
which are sold in any count size.
The products described above may be processed from any species
of warmwater shrimp and prawns. Warmwater shrimp and prawns are
generally classified in, but are not limited to, the Penaeidae
family. Some examples of the farmed and wild-caught warmwater
species include, but are not limited to, white-leg shrimp (Penaeus
vannemei), banana prawn (Penaeus merguiensis), fleshy prawn (Penaeus
chinensis), giant river prawn (Macrobrachium rosenbergii), giant
tiger prawn (Penaeus monodon), redspotted shrimp (Penaeus
brasiliensis), southern brown shrimp (Penaeus subtilis), southern
pink shrimp (Penaeus notialis), southern rough shrimp (Trachypenaeus
curvirostris), southern white shrimp (Penaeus schmitti), blue shrimp
(Penaeus stylirostris), western white shrimp (Penaeus occidentalis),
and Indian white prawn (Penaeus indicus).
Frozen shrimp and prawns that are packed with marinade, spices
or sauce are included in the scope of the order. In addition, food
preparations, which are not ``prepared meals,'' that contain more
than 20 percent by weight of shrimp or prawn are also included in
the scope of the order. Excluded from the scope are: (1) Breaded
shrimp and prawns (HTS subheading 1605.20.10.20); (2) shrimp and
prawns generally classified in the Pandalidae family and commonly
referred to as coldwater shrimp, in any state of processing; (3)
fresh shrimp and prawns whether shell-on or peeled (HTS subheadings
0306.23.00.20 and 0306.23.00.40); (4) shrimp and prawns in prepared
meals (HTS subheading 1605.20.05.10); (5) dried shrimp and prawns;
(6) canned warmwater shrimp and prawns (HTS subheading
1605.20.10.40); and (7) certain battered shrimp. Battered shrimp is
a shrimp-based product: (1) That is produced from fresh (or thawed-
from-frozen) and peeled shrimp; (2) to which a ``dusting'' layer of
rice or wheat flour of at least 95 percent purity has been applied;
(3) with the entire surface of the shrimp flesh thoroughly and
evenly coated with the flour; (4) with the non-shrimp content of the
end product constituting between four and 10 percent of the
product's total weight after being dusted, but prior to being
frozen; and (5) that is subjected to individually quick frozen
(``IQF'') freezing immediately after application of the dusting
layer. When dusted in accordance with the definition of dusting
above, the battered shrimp product is also coated with a wet viscous
layer containing egg and/or milk, and par-fried. The products
covered by this order are currently classified under the following
HTS subheadings: 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. These HTS subheadings are provided for convenience
and for customs purposes only and are not dispositive, but rather
the written description of the scope of this order is
dispositive.\22\
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\22\ On April 26, 2011, Commerce amended the order to include
dusted shrimp, pursuant to the U.S. Court of International Trade
(CIT) decision in Ad Hoc Shrimp Trade Action Committee v. United
States, 703 F. Supp. 2d 1330 (CIT 2010) and the U.S. International
Trade Commission (USITC) determination, which found the domestic
like product to include dusted shrimp. See Certain Frozen Warmwater
Shrimp from Brazil, India, the People's Republic of China, Thailand,
and the Socialist Republic of Vietnam: Amended Antidumpling Duty
Orders in Accordance with Final Court Decision, 76 FR 23277 (April
26, 2011); see also Ad Hoc Shrimp Trade Action Committee v. United
States, 703 F. Supp. 2d 1330 (CIT 2010; and Frozen Warmwater Shrimp
from Brazil, China, India, Thailand, and Vietnam (Investigation Nos.
731-TA-1063, 1064, 1066-1068 (Review), USITC Publication 4221, March
2011.
[FR Doc. 2021-14571 Filed 7-7-21; 8:45 am]
BILLING CODE 3510-DS-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.