87 FR 216 pgs. 67669-67671 - Certain Frozen Warmwater Shrimp From India: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review
Type: NOTICEVolume: 87Number: 216Pages: 67669 - 67671
Pages: 67669, 67670, 67671Docket number: [A-533-840]
FR document: [FR Doc. 2022-24468 Filed 11-8-22; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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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:
[top] Adam Simons, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401
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
Footnotes:
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.
Footnotes:
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.
Footnotes:
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
Footnotes:
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
Footnotes:
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
Footnotes:
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
[top] 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
Footnotes:
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