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###### Department of Commerce

###### International Trade Administration

          - [A-533-840]

# 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)                           ( print page 59869)                        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

# 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*).                    
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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.                    
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3.                                                     *See*                         HA Food's Letter, “Request for an Expedited Changed Circumstances Review,” dated July 6, 2023 (HA Food CCR Request).                    
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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).                    
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5.                                                     *See*19 CFR 351.216(d).                    
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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*).                    
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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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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*).                    
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9.                                                     *See, e.g., Shrimp from India Preliminary Results,*                         81 FR at 75377, unchanged in                         *Shrimp from India Final Results,*                         81 FR at 90774.                    
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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.                    
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11.                                                     *See*                         HA Food CCR Request.                    
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12.                                                     *See*19 CFR 351.309(c)(2).                    
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13.                                                     *See*19 CFR 351.303(b).                    
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14.                                                     *See Temporary Rule Modifying AD/CVD Service Requirements Due to Covid-19; Extension of Effective Period,*85 FR 41363 (July 10, 2020).                    
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[FR Doc. 2023-18721 Filed 8-29-23; 8:45 am]

BILLING CODE 3510-DS-P