81_FR_75586 81 FR 75376 - Certain Frozen Warmwater Shrimp From India: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review

81 FR 75376 - Certain Frozen Warmwater Shrimp From India: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 210 (October 31, 2016)

Page Range75376-75377
FR Document2016-26214

Avanti Frozen Foods Private Limited (Avanti Frozen) requested a changed circumstances review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from India. The Department of Commerce (Department) is initiating this changed circumstances review and preliminarily determining that Avanti Frozen is the successor-in- interest to Avanti Feeds Limited (Avanti Feeds).

Federal Register, Volume 81 Issue 210 (Monday, October 31, 2016) 
[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Notices]
[Pages 75376-75377]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26214]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-840]


Certain Frozen Warmwater Shrimp From India: Initiation and 
Preliminary Results of Antidumping Duty Changed Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Avanti Frozen Foods Private Limited (Avanti Frozen) requested 
a changed circumstances review of the antidumping duty order on certain 
frozen warmwater shrimp (shrimp) from India. The Department of Commerce 
(Department) is initiating this changed circumstances review and 
preliminarily determining that Avanti Frozen is the successor-in-
interest to Avanti Feeds Limited (Avanti Feeds).

DATES: Effective October 31, 2016.

FOR FURTHER INFORMATION CONTACT: E. Whitley Herndon, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: 202-482-6274.

SUPPLEMENTARY INFORMATION: 

Background

    On February 1, 2005, the Department published in the Federal 
Register an antidumping duty order on shrimp from India.\1\ In the 
tenth administrative review of the Order, Avanti Feeds was assigned a 
cash deposit rate of 2.20 percent.\2\
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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\ See Certain Frozen Warmwater Shrimp From India: Final 
Results of Antidumping Duty Administrative Review; Final 
Determination of No Shipments; 2014-2015, 81 FR 62867 (September 13, 
2016) (10th AR).
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    On September 7, 2016, Avanti Frozen requested that, pursuant to 
section 751(b)(1) of the Tariff Act of 1930, as amended (the Act) and 
19 CFR 351.216(b), the Department conduct a changed circumstances 
review of the Order to confirm that Avanti Frozen is the successor-in-
interest to Avanti Feeds.\3\ In its submission, Avanti Frozen explained 
that Avanti Feeds undertook a business reorganization and transferred 
its shrimp business to its subsidiary company, Avanti Frozen.\4\ The 
domestic industry did not file any comment for these preliminary 
results.
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    \3\ See Letter from Avanti Frozen entitled ``Frozen Warmwater 
Shrimp form India: Request to Initiate a Successor-in-Interest 
Changed Circumstances Review,'' dated September 7, 2016 (Avanti 
Frozen CCR Request).
    \4\ Id. at 2.
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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) 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 customs 
purposes, the written product description remains dispositive.
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    \5\ For a complete description of the Scope of the Order, see 
10th AR, and accompanying Issues and Decision Memorandum at 
``Scope.''
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Initiation and Preliminary Results

    Pursuant to section 751(b)(1) of the Act, the Department will 
conduct a changed circumstances review upon receipt of information 
concerning, or a request from, an interested party for a review of an 
antidumping duty order which shows changed circumstances sufficient to 
warrant a review of the order. As indicated in the ``Background'' 
section, we received information indicating that Avanti Feeds has 
transferred its shrimp business to Avanti Frozen. This constitutes 
changed circumstances warranting a review of the order.\6\ Therefore, 
in accordance with section 751(b)(1) of the Act and 19 CFR 351.216(d) 
and (e), we are initiating a changed circumstances review based upon 
the information contained in Avanti Frozen's submission.
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    \6\ See 19 CFR 351.216(d).
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    Section 351.221(c)(3)(ii) of the Department's regulations permits 
the Department to combine the notice of initiation of a changed 
circumstances review and the notice of preliminary results if the 
Department 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.
    In this changed circumstances review, pursuant to section 751(b) of 
the Act, the Department conducted a successor-in-interest analysis. In 
making a successor-in-interest determination, the Department examines 
several factors, including, but not limited to, changes in the 
following: (1) Management; (2) production facilities; (3) supplier

[[Page 75377]]

relationships; and (4) customer base.\7\ While no single factor or 
combination of factors will necessarily provide a dispositive 
indication of a successor-in-interest relationship, generally, the 
Department 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.\8\ 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, the Department may assign 
the new company the cash deposit rate of its predecessor.\9\
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    \7\ See, e.g., Notice of Final Results of Changed Circumstances 
Antidumping Duty Administrative Review: Polychloroprene Rubber From 
Japan, 67 FR 58 (January 2, 2002).
    \8\ See, e.g., Fresh and Chilled Atlantic Salmon From Norway; 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
    \9\ See, e.g., 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 the Department 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 
Avanti Frozen is the successor-in-interest to Avanti Feeds. Record 
evidence, as submitted by Avanti Frozen, indicates that Avanti Frozen 
operates as essentially the same business entity as Avanti Feeds with 
respect to the subject merchandise.\10\ For the complete successor-in-
interest analysis, including discussion of business proprietary 
information, refer to the accompanying successor-in-interest 
memorandum.\11\
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    \10\ See Avanti Frozen CCR Request.
    \11\ See Memorandum to Melissa G. Skinner, Director, Office II, 
entitled ``Certain Frozen Warmwater Shrimp from India: Preliminary 
Successor-In-Interest Determination'' dated concurrently with this 
notice.
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    Record evidence, as submitted by Avanti Frozen, indicates that the 
shrimp business was transferred fully from Avanti Feeds to its 
subsidiary, Avanti Frozen. Specifically, Avanti Frozen provided a 
Business Transfer Agreement which transfers Avanti Feed's entire shrimp 
business to Avanti Frozen; approvals from various governing entities 
approving/confirming the transfer of the shrimp business from Avanti 
Feeds to Avanti Frozen; letters notifying customers, suppliers, and 
employees of the business transfer; Avanti Frozen's first annual 
report; charts demonstrating the board of directors and equity 
stockholders of both Avanti Feed and Avanti Frozen; and a list of 
suppliers, customers, and production and business locations before and 
after the transfer.\12\ In summary, Avanti Frozen presented evidence to 
support its claim of successorship and the transfer did not impact any 
of the criteria that the Department typically looks to when making a 
changed circumstances determination.
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    \12\ See Avanti Frozen CCR Request.
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    We find that the evidence provided by Avanti Frozen is sufficient 
to preliminarily determine that the transfer of shrimp operations from 
Avanti Feeds to its subsidiary Avanti Frozen did not affect the 
company's operations in a meaningful way. Therefore, based on the 
aforementioned reasons, we preliminarily determine that Avanti Frozen 
is the successor-in-interest to Avanti Feeds and, thus, should receive 
the same antidumping duty treatment with respect to the subject 
merchandise as Avanti Feeds.

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 five 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. 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 http://iaaccess.trade.gov and in the Central Records Unit, 
Room B8024 of the main Department of Commerce building, and must also 
be served on interested parties.29 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.\13\
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    \13\ See 19 CFR 351.303(b).
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    Consistent with 19 CFR 351.216(e), we will issue the final results 
of this changed circumstances review 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: October 24, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-26214 Filed 10-28-16; 8:45 am]
 BILLING CODE 3510-DS-P

75376 Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Notices Application Requirements: Show DEPARTMENT OF COMMERCE The domestic industry did not file any organizers submitting applications for comment for these preliminary results. 2018 IBP Select are required to submit: International Trade Administration Scope of the Order (1) A narrative statement addressing [A–533–840] each question in the application, OMB The merchandise subject to the order 0625–0143 (found at www.export.gov/ Certain Frozen Warmwater Shrimp is certain frozen warmwater shrimp.5 ibp); and (2) a signed statement that From India: Initiation and Preliminary The product is currently classified ‘‘The above information provided is Results of Antidumping Duty Changed under the following Harmonized Tariff correct and the applicant will abide by Circumstances Review Schedule of the United States (HTSUS) the terms set forth in this Call for item numbers: 0306.17.00.03, AGENCY: Enforcement and Compliance, Applications for the International Buyer 0306.17.00.06, 0306.17.00.09, International Trade Administration, Program Select (January 1, 2018 through 0306.17.00.12, 0306.17.00.15, Department of Commerce. December 31, 2018);’’ on or before the 0306.17.00.18, 0306.17.00.21, SUMMARY: Avanti Frozen Foods Private deadline noted above. Applications for 0306.17.00.24, 0306.17.00.27, Limited (Avanti Frozen) requested a 0306.17.00.40, 1605.21.10.30, and IBP Select must be received by Friday, changed circumstances review of the 1605.29.10.10. Although the HTSUS January 6, 2017. There is no fee required antidumping duty order on certain numbers are provided for convenience to apply. ITA expects to issue the results frozen warmwater shrimp (shrimp) from and customs purposes, the written of this process in April 2017. India. The Department of Commerce product description remains dispositive. Legal Authority: The statutory (Department) is initiating this changed program authority for ITA to conduct circumstances review and preliminarily Initiation and Preliminary Results the IBP is 15 U.S.C. 4724. ITA has the determining that Avanti Frozen is the Pursuant to section 751(b)(1) of the successor-in-interest to Avanti Feeds legal authority to enter into MOAs with Act, the Department will conduct a Limited (Avanti Feeds). show organizers under the provisions of changed circumstances review upon DATES: Effective October 31, 2016. the Mutual Educational and Cultural receipt of information concerning, or a Exchange Act of 1961 (MECEA), as FOR FURTHER INFORMATION CONTACT: E. request from, an interested party for a amended (22 U.S.C. 2455(f) and Whitley Herndon, AD/CVD Operations, review of an antidumping duty order 2458(c)). MECEA allows ITA to accept Office II, Enforcement and Compliance, which shows changed circumstances International Trade Administration, sufficient to warrant a review of the contributions of funds and services from U.S. Department of Commerce, 1401 order. As indicated in the ‘‘Background’’ firms for the purposes of furthering its Constitution Avenue NW., Washington, section, we received information mission. DC 20230; telephone: 202–482–6274. indicating that Avanti Feeds has The Office of Management and Budget SUPPLEMENTARY INFORMATION: transferred its shrimp business to (OMB) has approved the information Avanti Frozen. This constitutes changed collection requirements of the Background circumstances warranting a review of application to this program (0625–0143) On February 1, 2005, the Department the order.6 Therefore, in accordance under the provisions of the Paperwork published in the Federal Register an with section 751(b)(1) of the Act and 19 Reduction Act of 1995 (44 U.S.C. 3501 antidumping duty order on shrimp from CFR 351.216(d) and (e), we are initiating et seq.) (OMB Control No. 0625–0143). India.1 In the tenth administrative a changed circumstances review based Notwithstanding any other provision of review of the Order, Avanti Feeds was upon the information contained in law, no person is required to respond to, assigned a cash deposit rate of 2.20 Avanti Frozen’s submission. nor shall a person be subject to a percent.2 On September 7, 2016, Avanti Frozen Section 351.221(c)(3)(ii) of the penalty for failure to comply with, a Department’s regulations permits the requested that, pursuant to section collection of information subject to the Department to combine the notice of 751(b)(1) of the Tariff Act of 1930, as requirements of the Paperwork initiation of a changed circumstances amended (the Act) and 19 CFR Reduction Act, unless that collection of review and the notice of preliminary 351.216(b), the Department conduct a information displays a currently valid changed circumstances review of the results if the Department concludes that OMB Control Number. Order to confirm that Avanti Frozen is expedited action is warranted. In this For further information please the successor-in-interest to Avanti instance, because the record contains contact: Vidya Desai, Senior Advisor, Feeds.3 In its submission, Avanti Frozen information necessary to make a Trade Promotion Programs (IBP2018@ explained that Avanti Feeds undertook preliminary finding, we find that trade.gov). a business reorganization and expedited action is warranted and have transferred its shrimp business to its combined the notice of initiation and Frank Spector, subsidiary company, Avanti Frozen.4 the notice of preliminary results. Trade Promotion Programs. In this changed circumstances review, [FR Doc. 2016–26218 Filed 10–28–16; 8:45 am] 1 See Notice of Amended Final Determination of pursuant to section 751(b) of the Act, BILLING CODE 3510–DR–P Sales at Less Than Fair Value and Antidumping the Department conducted a successor- Duty Order: Certain Frozen Warmwater Shrimp in-interest analysis. In making a from India, 70 FR 5147 (February 1, 2005) (Order). 2 See Certain Frozen Warmwater Shrimp From successor-in-interest determination, the India: Final Results of Antidumping Duty Department examines several factors, sradovich on DSK3GMQ082PROD with NOTICES Administrative Review; Final Determination of No including, but not limited to, changes in Shipments; 2014–2015, 81 FR 62867 (September 13, the following: (1) Management; (2) 2016) (10th AR). 3 See Letter from Avanti Frozen entitled ‘‘Frozen production facilities; (3) supplier Warmwater Shrimp form India: Request to Initiate a Successor-in-Interest Changed Circumstances 5 For a complete description of the Scope of the Review,’’ dated September 7, 2016 (Avanti Frozen Order, see 10th AR, and accompanying Issues and CCR Request). Decision Memorandum at ‘‘Scope.’’ 4 Id. at 2. 6 See 19 CFR 351.216(d). VerDate Sep<11>2014 17:53 Oct 28, 2016 Jkt 241001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\31OCN1.SGM 31OCN1

Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Notices 75377 relationships; and (4) customer base.7 charts demonstrating the board of published in accordance with sections While no single factor or combination of directors and equity stockholders of 751(b)(1) and 777(i) of the Act and 19 factors will necessarily provide a both Avanti Feed and Avanti Frozen; CFR 351.216(b), 351.221(b) and dispositive indication of a successor-in- and a list of suppliers, customers, and 351.221(c)(3). interest relationship, generally, the production and business locations Dated: October 24, 2016. Department will consider the new before and after the transfer.12 In Ronald K. Lorentzen, company to be the successor to the summary, Avanti Frozen presented Acting Assistant Secretary for Enforcement previous company if the new company’s evidence to support its claim of and Compliance. resulting operation is not materially successorship and the transfer did not [FR Doc. 2016–26214 Filed 10–28–16; 8:45 am] dissimilar to that of its predecessor.8 impact any of the criteria that the BILLING CODE 3510–DS–P Thus, if the record evidence Department typically looks to when demonstrates that, with respect to the making a changed circumstances production and sale of the subject determination. merchandise, the new company We find that the evidence provided by DEPARTMENT OF COMMERCE operates as the same business entity as Avanti Frozen is sufficient to International Trade Administration the predecessor company, the preliminarily determine that the transfer Department may assign the new of shrimp operations from Avanti Feeds [A–570–848] company the cash deposit rate of its to its subsidiary Avanti Frozen did not predecessor.9 affect the company’s operations in a Freshwater Crawfish Tail Meat From In accordance with 19 CFR 351.216, meaningful way. Therefore, based on the People’s Republic of China: we preliminarily determine that Avanti the aforementioned reasons, we Initiation of Antidumping Duty New Frozen is the successor-in-interest to preliminarily determine that Avanti Shipper Review Avanti Feeds. Record evidence, as Frozen is the successor-in-interest to submitted by Avanti Frozen, indicates Avanti Feeds and, thus, should receive AGENCY: Enforcement and Compliance, that Avanti Frozen operates as the same antidumping duty treatment International Trade Administration, essentially the same business entity as with respect to the subject merchandise Department of Commerce. Avanti Feeds with respect to the subject as Avanti Feeds. DATES: Effective October 31, 2016. merchandise.10 For the complete Public Comment successor-in-interest analysis, including SUMMARY: Based on a request, the discussion of business proprietary Pursuant to 19 CFR 351.310(c), any Department of Commerce (the information, refer to the accompanying interested party may request a hearing Department) is initiating a new shipper successor-in-interest memorandum.11 within 30 days of publication of this review (NSR) of the antidumping duty Record evidence, as submitted by notice. In accordance with 19 CFR order on freshwater crawfish tail meat Avanti Frozen, indicates that the shrimp 351.309(c)(1)(ii), interested parties may from the People’s Republic of China business was transferred fully from submit case briefs not later than 30 days (PRC) with respect to Jingzhou Tianhe Avanti Feeds to its subsidiary, Avanti after the date of publication of this Aquatic Products Co., Ltd. (Jingzhou Frozen. Specifically, Avanti Frozen notice. Rebuttal briefs, limited to issues Tianhe). We have determined that this provided a Business Transfer Agreement raised in the case briefs, may be filed no request meets the statutory and which transfers Avanti Feed’s entire later than five days after the case briefs, regulatory requirements for initiation. shrimp business to Avanti Frozen; in accordance with 19 CFR 351.309(d). FOR FURTHER INFORMATION CONTACT: approvals from various governing Parties who submit case or rebuttal Dmitry Vladimirov, AD/CVD Operations entities approving/confirming the briefs are encouraged to submit with Office I, Enforcement and Compliance, transfer of the shrimp business from each argument: (1) A statement of the International Trade Administration, Avanti Feeds to Avanti Frozen; letters issue; (2) a brief summary of the U.S. Department of Commerce, 1401 notifying customers, suppliers, and argument; and (3) a table of authorities. Constitution Avenue NW., Washington, employees of the business transfer; All comments are to be filed DC 20230; Telephone: (202) 482–0665. Avanti Frozen’s first annual report; electronically using Enforcement and SUPPLEMENTARY INFORMATION: Compliance’s Antidumping and 7 See, e.g., Notice of Final Results of Changed Countervailing Duty Centralized Background Circumstances Antidumping Duty Administrative Electronic Service System (ACCESS) The antidumping duty order on Review: Polychloroprene Rubber From Japan, 67 FR available to registered users at http:// 58 (January 2, 2002). freshwater crawfish tail meat from the 8 See, e.g., Fresh and Chilled Atlantic Salmon iaaccess.trade.gov and in the Central PRC published in the Federal Register From Norway; Final Results of Changed Records Unit, Room B8024 of the main on September 15, 1997.1 Pursuant to Circumstances Antidumping Duty Administrative Department of Commerce building, and section 751(a)(2)(B)(i) of the Tariff Act Review, 64 FR 9979, 9980 (March 1, 1999). must also be served on interested of 1930, as amended (the Act), the 9 See, e.g., Circular Welded Non-Alloy Steel Pipe parties.29 An electronically filed Department received a timely and From the Republic of Korea; Preliminary Results of Antidumping Duty Changed Circumstances Review, document must be received successfully properly filed request for a NSR of the 63 FR 14679 (March 26, 1998), unchanged in in its entirety by ACCESS by 5:00 p.m. order from Jingzhou Tianhe during the Circular Welded Non-Alloy Steel Pipe From Korea; Eastern Time on the day it is due.13 anniversary month of the antidumping Final Results of Antidumping Duty Changed Consistent with 19 CFR 351.216(e), Circumstances Review, 63 FR 20572 (April 27, duty order.2 In its request, Jingzhou 1998), in which the Department found that a we will issue the final results of this sradovich on DSK3GMQ082PROD with NOTICES company which only changed its name and did not changed circumstances review no later 1 See Notice of Amendment to Final change its operations is a successor-in-interest to than 270 days after the date on which Determination of Sales at Less Than Fair Value and the company before it changed its name. this review was initiated, or within 45 Antidumping Duty Order: Freshwater Crawfish Tail 10 See Avanti Frozen CCR Request. Meat From the People’s Republic of China, 62 FR days if all parties agree to our 11 See Memorandum to Melissa G. Skinner, 48218 (September 15, 1997) (Crawfish Order). Director, Office II, entitled ‘‘Certain Frozen preliminary finding. This notice is 2 See Letter from Jingzhou Tianhe, ‘‘RE: Warmwater Shrimp from India: Preliminary Freshwater Crawfish Tail meat From the People’s 12 See Avanti Frozen CCR Request. Successor-In-Interest Determination’’ dated Republic of China; Request for New Shipper concurrently with this notice. 13 See 19 CFR 351.303(b). Review,’’ dated September 30, 2016. VerDate Sep<11>2014 17:53 Oct 28, 2016 Jkt 241001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\31OCN1.SGM 31OCN1


Document Created: 2018-02-02 12:13:28
Document Modified: 2018-02-02 12:13:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective October 31, 2016.
ContactE. Whitley Herndon, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-6274.
FR Citation81 FR 75376 
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