Notice2023-18721
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
August 30, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) to determine if Highland Agro Food Private Limited (HA Food) is the successor-in-interest to Highland Agro in the context of the antidumping duty (AD) order on certain frozen warmwater shrimp (shrimp) from India. We preliminarily determine that HA Food is the successor-in-interest to Highland Agro.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 167 (Wednesday, August 30, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59868-59869]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18721]
=======================================================================
-----------------------------------------------------------------------
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 Highland Agro Food
Private Limited (HA Food) is the successor-in-interest to Highland Agro
in the context of the antidumping duty (AD) order on certain frozen
warmwater shrimp (shrimp) from India. We preliminarily determine that
HA Food is the successor-in-interest to Highland Agro.
DATES: Applicable August 30, 2023.
FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Christopher
Viers, AD/CVD Operations, Office IX, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1280
or (202) 482-0519, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2005, Commerce published in the Federal Register an
AD order on shrimp from India.\1\ On July 6, 2023, HA Food requested
that, 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), Commerce
conduct an expedited CCR of the Order to determine that HA Food is the
successor-in-interest to Highland Agro and, accordingly, to assign it
the cash deposit rate of Highland Agro.\2\ In its submission, HA Food
stated that in 2022, Highland Agro undertook a name change to HA Food
and changed its corporate structure to become a limited liability
company.\3\
---------------------------------------------------------------------------
\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\ In the 2021-2022 administrative review, Commerce
preliminarily assigned Highland Agro a cash deposit rate of 3.76
percent, the preliminary review-specific average rate for companies
not selected for individual review. See Certain Frozen Warmwater
Shrimp from India: Preliminary Results of Antidumping Duty
Administrative Review; 2021-2022, 88 FR 13430 (March 3, 2023). The
deadline for the final results of this administrative review is
currently no later than August 30, 2023.
\3\ See HA Food's Letter, ``Request for an Expedited Changed
Circumstances Review,'' dated July 6, 2023 (HA Food CCR Request).
---------------------------------------------------------------------------
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) subheadings:
0306.17.00.04, 0306.17.00.05, 0306.17.00.07, 0306.17.00.08,
0306.17.00.10, 0306.17.00.11, 0306.17.00.13, 0306.17.00.14,
0306.17.00.16, 0306.17.00.17, 0306.17.00.19, 0306.17.00.20,
0306.17.00.22, 0306.17.00.23, 0306.17.00.25, 0306.17.00.26,
0306.17.00.28, 0306.17.00.29, 0306.17.00.41, 0306.17.00.42,
1605.21.10.30, and 1605.29.10.10. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written product
description remains dispositive. For a complete description of the
scope of the Order, see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Certain Frozen Warmwater Shrimp from
India: 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)(A) of the Act and 19 CFR 351.216(d),
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 HA Food supporting its claim that
it is the successor-in-interest to Highland 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),
we are initiating a CCR based upon the information contained in HA
Food's submission.
---------------------------------------------------------------------------
\5\ 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.\6\ 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\
---------------------------------------------------------------------------
\6\ 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).
\7\ 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)
[[Page 59869]]
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\
---------------------------------------------------------------------------
\8\ 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).
\9\ See, e.g., Shrimp from India Preliminary Results, 81 FR at
75377, unchanged in Shrimp from India Final Results, 81 FR at 90774.
\10\ 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
HA Food is the successor-in-interest to Highland Agro. Record evidence,
as submitted by HA Food, indicates that HA Food operates as essentially
the same business entity as Highland Agro with respect to the subject
merchandise.\11\
---------------------------------------------------------------------------
\11\ See HA Food CCR Request.
---------------------------------------------------------------------------
For the complete successor-in-interest analysis, including
discussion of business proprietary information, see 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
available 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>.
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 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.\12\ All comments are to be filed electronically via
ACCESS. An electronically filed document must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.\13\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\14\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.309(c)(2).
\13\ See 19 CFR 351.303(b).
\14\ 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
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.
Notification to Interested Parties
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: August 18, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
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. 2023-18721 Filed 8-29-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on August 30, 2023.
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.