[Federal Register Volume 79, Number 7 (Friday, January 10, 2014)]
[Notices]
[Pages 1824-1826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00194]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-802]
Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam: Initiation and Preliminary Results of Changed Circumstances
Review
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: In response to a request for a changed circumstances review
(``CCR'')
[[Page 1825]]
of Gallant Ocean (Vietnam) Co., Ltd. (``Gallant Ocean'') and its
subsidiary, Gallant Ocean (Quang Ngai), Co. Ltd. (``Quang Ngai''), the
Department of Commerce (``Department'') is initiating a CCR of the
antidumping duty order on certain frozen warmwater shrimp from the
Socialist Republic of Vietnam (``Vietnam''). We have preliminarily
determined that Gallant Dachan Seafood Co., Ltd. (``Dachan'') is the
successor-in-interest to Quang Ngai, and, as a result, should be
accorded the same treatment previously accorded to Quang Ngai.
Interested parties are invited to comment on these preliminary results.
DATES: Effective Date: January 10, 2014.
FOR FURTHER INFORMATION CONTACT: Ricardo Martinez Rivera or Bob Palmer,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: at (202) 482-
4532 or (202) 482-9068, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the antidumping duty order on certain
frozen warmwater shrimp from Vietnam on February 1, 2005.\1\ In the
fourth administrative review, we granted Gallant Ocean a separate
rate.\2\ In the sixth administrative review (i.e., February 1, 2010,
through January 31, 2011), Gallant Ocean acquired Quang Ngai, and in
that review and in the seventh administrative review, we assigned Quang
Ngai a separate rate (i.e., zero percent).\3\ On October 31, 2013,\4\
Gallant Ocean informed the Department that it had reduced ownership in
Quang Ngai and changed its name, and petitioned the Department to
conduct a CCR to confirm that Dachan is the successor-in-interest to
Quang Ngai, for purposes of determining antidumping duties due as a
result of the Order.\5\
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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 the Socialist Republic of Vietnam, 70 FR 5152 (February
1, 2005) (``Order'').
\2\ See Certain Frozen Warmwater Shrimp from the Socialist
Republic of Vietnam: Final Results and Partial Rescission of
Antidumping Duty Administrative Review, 75 FR 47771 (August 9,
2010).
\3\ See Certain Frozen Warmwater Shrimp From the Socialist
Republic of Vietnam: Final Results and Final Partial Rescission of
Antidumping Duty Administrative Review, 77 FR 55800, 55802
(September 11, 2012), unchanged in Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam: Amended Final Results and Partial
Final Rescission of Antidumping Duty Administrative Review, 77 FR
64102, 64103 (October 18, 2012); see also Certain Frozen Warmwater
Shrimp from the Socialist Republic of Vietnam: Final Results and
Final Partial Rescission of Antidumping Duty Administrative Review,
78 FR 56211-14 (September 12, 2013).
\4\ This changed circumstances review was originally filed on
September 30, 2013, within the seventh administrative review for
frozen shrimp from Vietnam. Pursuant to instructions from the
Department, Gallant Ocean re-filed this changed circumstances review
on October 31, 2013.
\5\ See Letter from Gallant Ocean, dated October 31, 2013, at 3.
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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 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. The
written description of the scope of the order is dispositive. A full
description of the scope of the order is available in the accompanying
Issues and Decision Memorandum.\6\
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\6\ For a full description of the scope of the Order, see
Certain Frozen Warmwater Shrimp from the Socialist Republic of
Vietnam: Issues and Decision Memorandum for the Final Results,
(``Issues and Decision Memorandum'') dated September 6, 2013.
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Initiation and Preliminary Results of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(``the Act''), and 19 CFR 351.216, the Department will conduct a CCR
upon 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. The information submitted by Gallant Ocean
supporting its claim that Dachan is the successor-in-interest to Quang
Ngai, demonstrates changed circumstances sufficient to warrant such a
review.\7\
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\7\ See 19 CFR 351.216(d); see also Notice of Initiation and
Preliminary Results of Antidumping Duty Changed Circumstances
Review: Carbon and Certain Alloy Steel Wire Rod From Mexico, 75 FR
67685 (November 3, 2010).
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In accordance with the above-referenced regulation, the Department
is initiating a CCR to determine whether Dachan is the successor-in-
interest Quang Ngai. In determining whether one company is the
successor-in-interest to another, the Department examines a number of
factors including, but not limited to, changes in management,
production facilities, supplier relationships, and customer base.\8\
Although no single factor will necessarily provide a dispositive
indication of succession, generally, the Department will consider one
company to be a successor-in-interest to another company if its
resulting operation is similar to that of its predecessor.\9\ 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 prior company, the Department will assign the
new company the cash-deposit rate of its predecessor.\10\
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\8\ See Industrial Phosphoric Acid From Israel; Final Results of
Antidumping Duty Changed Circumstances Review, 59 FR 6944 (February
14, 1994).
\9\ See Brass Sheet and Strip From Canada; Final Results of
Antidumping Duty Administrative Review, 57 FR 20460 (May 13, 1992).
\10\ Id.; Notice of Final Results of Changed Circumstances
Antidumping Duty Administrative Review: Polychloroprene Rubber From
Japan, 67 FR 58 (January 2, 2002); see also Ball Bearings and Parts
Thereof from France: Final Results of Changed-Circumstances Review,
75 FR 34688 (June 18, 2010) (the Department found successorship
where the company changed its ownership structure, but made only
minor changes to its operations, management, supplier relationships,
and customer base).
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In its October 31, 2013, submission, Gallant Ocean provided
information to demonstrate that Dachan is the successor-in-interest to
Quang Ngai. Specifically, the record in this review indicates: (1)
That, except for the financial manager, management which operated
Dachan is the same which operated Quang Ngai; \11\ (2) Dachan retained
the same physical address and equipment as Quang Ngai and that
production continued uninterrupted; \12\ (3) that Dachan continued to
purchase raw shrimp and packing materials from the same suppliers; \13\
(4) that Dachan continued to supply the same U.S. customer base.\14\
Under these circumstances, the Department preliminarily finds that
Dachan operates as the same business entity as Quang Ngai. Given the
continuity described above, we have preliminarily determined that no
material change has occurred with respect to Quang Ngai's management,
production facilities, suppliers, or customer base as a result of the
name change to Dachan.
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\11\ See Letter from Gallant Ocean, dated October 31, 2013, at 4
and Exhibit 4.
\12\ See id., at 5, and Exhibits 1 and 2.
\13\ See id., at 5, and Exhibit 5.
\14\ See id., at 5-6, and Exhibit 5.
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When it concludes that expedited action is warranted, the
Department may publish the notice of initiation and preliminary results
for a CCR concurrently.\15\ We have determined that expedition of this
CCR is warranted because we have the information necessary to make a
preliminary finding
[[Page 1826]]
already on the record.\16\ In this case, we preliminarily find that
Dachan is the successor-in-interest to Quang Ngai and, as such, is
entitled to Quang Ngai's cash-deposit rate with respect to entries of
subject merchandise.
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\15\ See 19 CFR 351.221(c)(3)(ii); see also Initiation and
Preliminary Results of Antidumping Duty Changed Circumstances
Review: Canned Pineapple Fruit From Thailand, 69 FR 30878 (June 1,
2004).
\16\ See Ball Bearings and Parts Thereof from Japan: Initiation
and Preliminary Results of Changed Circumstances Review, 71 FR 14679
(March 23, 2006).
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Should our final results remain the same as these preliminary
results, effective the date of publication of the final results, we
will instruct U.S. Customs and Border Protection to assign entries of
merchandise produced or exported by Dachan the antidumping duty cash-
deposit rate applicable to Quang Ngai.
Public Comment
Any interested party may request a hearing within 14 days of
publication of this notice, in accordance with 19 CFR 351.310(c).
Interested parties may submit case briefs and/or written comments no
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 5 days after the case briefs. Any hearing, if requested,
will normally be held two days after rebuttal briefs are due, in
accordance with 19 CFR 351.310(d)(1). Parties who submit case briefs or
rebuttal briefs in this CCR are requested to submit with each argument
(1) a statement of the issue and (2) a brief summary of the argument
with an electronic version included. 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 of
publication of these preliminary results if all parties agree to our
preliminary finding.
We are issuing and publishing this initiation and preliminary
results notice in accordance with sections 751(b)(1) and 777(i)(1) of
the Act and 19 CFR 351.216 and 351.221(c)(3).
Dated: January 3, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2014-00194 Filed 1-9-14; 8:45 am]
BILLING CODE 3510-DS-P