Certain Frozen Warmwater Shrimp From India: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review
| Court | Commerce Department,International Trade Administration |
| Citation | 88 FR 59868 |
| Published date | 30 August 2023 |
| Record Number | 2023-18721 |
| Section | Notices |
59868
Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices
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).
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).
5
See 19 CFR 351.216(d).
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.
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[FR Doc. 2023–18688 Filed 8–29–23; 8:45 am]
BILLING CODE 3410–16–P
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
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
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.
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
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)
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59869
Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices
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.
11
See HA Food CCR Request.
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).
1
See Notice of Amendment of Final
Determinations of Sales at Less Than Fair Value
and Antidumping Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate Products from
France, India, Indonesia, Italy, Japan and the
Continued
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
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
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 https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum is available at https://
access.trade.gov/public/
FRNoticesListLayout.aspx.
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
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
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–836]
Certain Cut-to-Length Carbon-Quality
Steel Plate Products From the
Republic of Korea: Notice of Initiation
and Preliminary Results of
Antidumping Duty Changed
Circumstances Review
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: In response to a request for a
changed circumstances review (CCR),
the U.S. Department of Commerce
(Commerce) is initiating a CCR of the
antidumping duty (AD) order on certain
cut-to-length carbon-quality steel plate
products (CTL plate) from the Republic
of Korea (Korea). Additionally,
Commerce preliminarily determines
that the post-corporate reorganization
Dongkuk Steel Mill Co., Ltd. (Dongkuk
Steel) is the successor-in-interest to the
pre-reorganization Dongkuk Steel.
Interested parties are invited to
comment on these preliminary results.
DATES
: Applicable August 30, 2023.
FOR FURTHER INFORMATION CONTACT
:
Christopher Williams, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4243.
SUPPLEMENTARY INFORMATION
:
Background
On February 10, 2000, Commerce
published the AD order on CTL plate
from Korea in the Federal Register.
1
On
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