[Federal Register Volume 77, Number 206 (Wednesday, October 24, 2012)]
[Notices]
[Pages 64953-64955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26217]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-840]
Notice of Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review: Certain Frozen Warmwater Shrimp From
India
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Apex Frozen Foods Private Limited (Apex Frozen) has requested
a changed circumstances review of the antidumping duty order on certain
frozen warmwater shrimp from India pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.216(b). The
Department of Commerce (the Department) is initiating this changed
circumstances review and issuing this notice of preliminary results
pursuant to 19 CFR 351.221(c)(3)(ii). We have preliminarily determined
that Apex Frozen is the successor-in-interest to Apex Exports (Apex).
DATES: Effective Date: October 24, 2012.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or David Crespo,
AD/CVD Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-3874
or (202) 482-3693, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2005, the Department published in the Federal
Register an antidumping duty order on certain frozen warmwater shrimp
from India.\1\
---------------------------------------------------------------------------
\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 (Feb. 1, 2005).
---------------------------------------------------------------------------
On September 6, 2012, Apex Frozen informed the Department that on
April 1, 2012, Apex legally converted from a partnership firm to a
limited liability (i.e., private limited) company and
[[Page 64954]]
changed its name to Apex Frozen. Apex Frozen provided supporting
documentation. Additionally, Apex Frozen requested that the Department
conduct an expedited changed circumstances review under 19 CFR
351.221(c)(3)(ii) to confirm that it is the successor-in-interest to
Apex for purposes of determining antidumping duty cash deposits and
liabilities.
Scope of the Order
The scope of this order includes certain frozen warmwater shrimp
and prawns, whether wild-caught (ocean harvested) or farm-raised
(produced by aquaculture), head-on or head-off, shell-on or peeled,
tail-on or tail-off,\2\ deveined or not deveined, cooked or raw, or
otherwise processed in frozen form.
---------------------------------------------------------------------------
\2\ ``Tails'' in this context means the tail fan, which includes
the telson and the uropods.
---------------------------------------------------------------------------
The frozen warmwater shrimp and prawn products included in the
scope of this order, regardless of definitions in the Harmonized Tariff
Schedule of the United States (HTSUS), are products which are processed
from warmwater shrimp and prawns through freezing and which are sold in
any count size.
The products described above may be processed from any species of
warmwater shrimp and prawns. Warmwater shrimp and prawns are generally
classified in, but are not limited to, the Penaeidae family. Some
examples of the farmed and wild-caught warmwater species include, but
are not limited to, whiteleg shrimp (Penaeus vannemei), banana prawn
(Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river
prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon),
redspotted shrimp (Penaeus brasiliensis), southern brown shrimp
(Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern
rough shrimp (Trachypenaeus curvirostris), southern white shrimp
(Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white
shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus
indicus).
Frozen shrimp and prawns that are packed with marinade, spices or
sauce are included in the scope of this order. In addition, food
preparations, which are not ``prepared meals,'' that contain more than
20 percent by weight of shrimp or prawn are also included in the scope
of this order.
Excluded from the scope are: (1) Breaded shrimp and prawns (HTSUS
subheading 1605.20.10.20); (2) shrimp and prawns generally classified
in the Pandalidae family and commonly referred to as coldwater shrimp,
in any state of processing; (3) fresh shrimp and prawns whether shell-
on or peeled (HTSUS subheadings 0306.23.00.20 and 0306.23.00.40); (4)
shrimp and prawns in prepared meals (HTSUS subheading 1605.20.05.10);
(5) dried shrimp and prawns; (6) canned warmwater shrimp and prawns
(HTSUS subheading 1605.20.10.40); (7) certain battered shrimp. Battered
shrimp is a shrimp-based product: (1) That is produced from fresh (or
thawed-from-frozen) and peeled shrimp; (2) to which a ``dusting'' layer
of rice or wheat flour of at least 95 percent purity has been applied;
(3) with the entire surface of the shrimp flesh thoroughly and evenly
coated with the flour; (4) with the non-shrimp content of the end
product constituting between four and ten percent of the product's
total weight after being dusted, but prior to being frozen; and (5)
that is subjected to IQF freezing immediately after application of the
dusting layer. When dusted in accordance with the definition of dusting
above, the battered shrimp product is also coated with a wet viscous
layer containing egg and/or milk, and par-fried.
The products covered by this order are currently classified under
the following HTSUS subheadings: 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. These HTSUS subheadings are provided
for convenience and for customs purposes only and are not dispositive,
but rather the written description of the scope of this order is
dispositive.
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 have received information indicating that Apex was
incorporated as a private limited company and changed its name to Apex
Frozen, effective April 1, 2012. This constitutes changed circumstances
warranting a review of the order. See CFR 19 351.216(d). Therefore, in
accordance with section 751(b)(1) of the Act, we are initiating a
changed circumstances review based upon the information contained in
Apex's submission.
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 we have on the record the 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 making a successor-in-interest determination, the Department
examines several factors including, but not limited to, changes in: (1)
Management; (2) production facilities; (3) supplier relationships; and
(4) customer base.\3\ While no single factor or combination of these
factors will necessarily provide a dispositive indication of a
successor-in-interest relationship, the Department will generally
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. See, e.g., Brake Rotors. Thus, if the 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 former company, the Department will accord the new
company the same antidumping treatment as its predecessor.
---------------------------------------------------------------------------
\3\ See, e.g., Pressure Sensitive Plastic Tape from Italy:
Preliminary Results of Antidumping Duty Changed Circumstances
Review, 75 FR 8925 (Feb. 26, 2010), unchanged in Pressure Sensitive
Plastic Tape From Italy: Final Results of Antidumping Duty Changed
Circumstances Review, 75 FR 27706 (May 18, 2010); and Brake Rotors
From the People's Republic of China: Final Results of Changed
Circumstances Antidumping Duty Administrative Review, 70 FR 69941
(Nov. 18, 2005) (Brake Rotors), citing Brass Sheet and Strip from
Canada; Final Results of Antidumping Duty Administrative Review, 57
FR 20460 (May 13, 1992).
---------------------------------------------------------------------------
In its submission, Apex Frozen has provided sufficient evidence to
warrant an expedited review to determine if it is the successor-in-
interest to Apex. Apex Frozen states that its company's management,
production facilities and customer/supplier relationships have not
changed as a result of the conversion process. To support its claims,
Apex Frozen submitted the following documents: (1) The original Apex
partnership deed, dated October, 24, 1995; (2) the new Apex partnership
deed, dated January 1, 2012; (3) the chart showing the particulars of
Apex's capital and Apex Frozen's shareholding ownership; (4) the
newspaper article notifying the public of Apex's intent to convert to a
company; (5) the Certificate
[[Page 64955]]
of Incorporation for Apex Frozen; (6) the affidavits related to company
conversion; (7) the Notice of Extraordinary General Meeting for Apex;
(8) the Articles of Association of Apex Frozen; (9) the online printout
from the Ministry of Corporate Affairs showing the approved name
change; (10) the Certificate of Registration of Processing Plants for
Apex, as issued by the Marine Products Export Development Authority of
India (MPEDA); (11) the Certificate of Registration of Storage Premises
for Apex, as issued by MPEDA; (12) the Certificate of Importer Exporter
Code for Apex Frozen; (13) the Certificate of Importer Exporter Code
for Apex; (14) a list of the company's main suppliers before/after the
name change; and (15) a list of the company's main customers before/
after the name change.
Based on the evidence reviewed, we preliminarily find that Apex
Frozen is the successor-in-interest to Apex because Apex's conversion
from a partnership firm to a limited liability company resulted in no
significant changes to management, production facilities, supplier
relationships, and customers. As a result, we preliminarily find that
Apex Frozen operates as the same business entity as Apex. Thus, we
preliminarily find that Apex Frozen should receive the same antidumping
duty cash-deposit rate (i.e., 2.51 percent) with respect to the subject
merchandise as Apex, its predecessor company. For further details of
our analysis, see the October 17, 2012, Memorandum from David Crespo,
Analyst, Office 2, to James Maeder, Director, Office 2, entitled,
``Changed Circumstances Review of the Antidumping Duty Order on Certain
Frozen Warmwater Shrimp from India: Successor-In-Interest Determination
for Apex Exports and Apex Frozen Foods Private Limited.''
However, because cash deposits are only estimates of the amount of
antidumping duties that will be due, changes in cash deposit rates are
not made retroactive and therefore no change will be made to Apex
Frozen's cash deposit rate as a result of these preliminary results. If
Apex Frozen believes that the deposits paid exceed the actual amount of
dumping, it is entitled to request an administrative review during the
anniversary month of the publication of the order of those entries to
determine the proper assessment rate and receive a refund of any excess
deposits. See Certain Hot-Rolled Lead and Bismuth Carbon Steel Products
From the United Kingdom: Final Results of Changed-Circumstances
Antidumping and Countervailing Duty Administrative Reviews, 64 FR 66880
(Nov. 30, 1999). As a result, if these preliminary results are adopted
in our final results of this changed circumstances review, we will
instruct U.S. Customs and Border Protection to suspend shipments of
subject merchandise made by Apex Frozen at Apex's cash deposit rate
(i.e., 2.51 percent) effective on the publication date of our final
results.
Public Comment
Any interested party may request a hearing within 30 days of
publication of this notice. See 19 CFR 351.310(c). A hearing, if
requested, will be held 44 days after the date of publication of this
notice, or the first working day thereafter. Interested parties may
submit case briefs and/or written comments not later than 30 days after
the date of publication of this notice. Rebuttal briefs and rebuttals
to written comments, which must be limited to issues raised in such
briefs or comments, may be filed not later than 37 days after the date
of publication of this notice. Parties who submit arguments are
requested to submit with the argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.
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. We are issuing and publishing
this finding and notice in accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216.
Dated: October 17, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-26217 Filed 10-23-12; 8:45 am]
BILLING CODE 3510-DS-P