Notice2022-24468
Certain Frozen Warmwater Shrimp From India: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 9, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 216 (Wednesday, November 9, 2022)</title>
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[Federal Register Volume 87, Number 216 (Wednesday, November 9, 2022)]
[Notices]
[Pages 67669-67671]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24468]
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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 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\
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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\ 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.
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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.
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\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).
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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 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.
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\6\ 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.\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\
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\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.
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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.\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\
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\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.
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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\
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\12\ See Kader Exports CCR Request.
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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
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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 <a href="https://access.trade.gov">https://access.trade.gov</a>. 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\
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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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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
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</html>Indexed from Federal Register on November 9, 2022.
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