61290 Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Notices 

1See 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) (Shrimp 

Order). 

2See Letter from Premier Marine Private Limited, 

dated August 22, 2014 (CCR Request). 

3 Id. 

4PMP received a 2.49 percent dumping margin as 

part of the Liberty Group in the 2012–2013 

administrative review of the AD order on shrimp 

from India. See Certain Frozen Warmwater Shrimp 

From India: Final Results of Antidumping Duty 

Administrative Review; 2012–2013, 79 FR 51309 

(Aug. 28, 2014) (Shrimp Review). 

We are issuing and publishing these 

results and this notice in accordance 

with sections 751(a)(1) and 777(i) of the 

Act. 

Dated: October 3, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2014–24272 Filed 10–9–14; 8:45 am] 

BILLING CODE 3510–DS–P 

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: In response to a request by 

Premier Marine Products Private 

Limited (PPL), a producer/exporter of 

certain frozen warmwater shrimp 

(shrimp) from India, and pursuant to 

section 751(b) of the Tariff Act of 1930, 

as amended (the Act), 19 CFR 351.216 

and 351.221(c)(3)(ii), the Department of 

Commerce (the Department) is initiating 

a changed circumstances review (CCR) 

of the antidumping duty (AD) order on 

shrimp from India with regards to PPL. 

Based on the information received, we 

preliminarily determine that PPL is the 

successor-in-interest to Premier Marine 

Products (PMP) for purposes of 

determining AD liability. Interested 

parties are invited to comment on these 

preliminary results. 

DATES: Effective Date: October 10, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Blaine Wiltse or Stephen Banea, AD/

CVD Operations, Office II, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone: (202) 482–6345 or (202) 482– 

0656, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 1, 2005, the Department 

published in the Federal Register the 

AD order on shrimp from India.1

Effective April 8, 2013, PMP, a 

producer/exporter of Indian shrimp 

covered by this order, converted from a 

partnership company to a private 

limited company, under the definition 

in Indian law and, as part of this 

conversion, it changed its name to PPL.2

On August 22, 2014, PPL requested 3

that the Department conduct an 

expedited CCR to determine that it is 

the successor-in-interest to PMP, for the 

purpose of being assigned PMP’s cash 

deposit rate, as a part of the Liberty 

Group of companies.4 We received no 

comments opposing PPL’s request. 

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, shellon or peeled, tail-on or tail-off, deveined 

or not deveined, cooked or raw, or 

otherwise processed in frozen form. 

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 shrimpbased 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 of 

Changed Circumstances Review 

Pursuant to section 751(b)(1)(A) of the 

Act and 19 CFR 351.216(d), the 

Department will conduct a CCR upon 

receipt of 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 PPL 

supporting its claim that it is the 

successor-in-interest to PMP 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Notices 61291 

5See 19 CFR 351.216(d); see also Notice and 

Preliminary Results of Antidumping Duty Changed 

Circumstances Review: Carbon and Certain Alloy 

Steel Wire Rod From Mexico, 75 FR 67685 (Nov. 3, 

2010). 

6See Notice of Initiation and Preliminary Results 

of Antidumping Duty Changed Circumstances 

Review: Certain Frozen Warmwater Shrimp From 

Thailand, 75 FR 61702, 61703 (Oct. 6, 2010) 

(Shrimp from Thailand) (unchanged in Notice of 

Final Results of Antidumping Duty Changed 

Circumstances Review: Certain Frozen Warmwater 

Shrimp From Thailand, 75 FR 74684 (Dec. 1, 2010); 

Industrial Phosphoric Acid From Israel; Final 

Results of Antidumping Duty Changed 

Circumstances Review, 59 FR 6944 (Feb. 14, 1994). 

7See Shrimp from Thailand, 75 FR at 61703. 

8 Id.; see also Notice of Final Results of Changed 

Circumstances Antidumping Duty Administrative 

Review: Polychloroprene Rubber From Japan, 67 FR 

58 (Jan. 2, 2002); and Ball Bearings and Parts 

Thereof from France: Final Results of ChangedCircumstances Review, 75 FR 34688 (June 10, 2010). 

9See CCR Request, at 7 and 10. 10 Id. 11 Id. at 9. 12 Id. 13See 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). 

14See Ball Bearings and Parts Thereof from 

Japan: Initiation and Preliminary Results of 

Changed Circumstances Review, 71 FR 14679 (Mar. 

23, 2006). 

15See 19 CFR 351.303 for general filing 

requirements. 

demonstrates changed circumstances 

sufficient to warrant such a review.5

In accordance with the abovereferenced regulation, the Department is 

initiating a CCR to determine whether 

PPL is the successor-in-interest to PMP. 

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.6 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.7 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.8

In its August 22, 2014, submission, 

PPL provided information to 

demonstrate that it is the successor-ininterest to PMP. PPL states that the 

company’s management, production 

facilities and customer/supplier 

relationships have not changed as a 

result of its conversion to a private 

limited company. To support its claims, 

PPL submitted the following 

documents: (1) PMP’s partnership deed 

from 1986; (2) PPL’s new partnership 

deed from 2013; (3) the particulars of 

PPL’s capital shares and percent of 

shareholdings for each partner; (4) the 

certificate of incorporation; (5) the 

Memorandum of Association and 

Articles of Association of PPL showing 

details of the partnership; (6) PMP’s and 

PPL’s certificates issued by the Export 

Inspection Council of India showing the 

same address for the production facility; 

(7) a list of the suppliers of PMP before, 

and PPL after, the conversion to a 

private limited company; (8) a list of the 

customers of PMP before, and PPL after, 

the conversion; and, (9) a list of the 

employees of PMP before, and PPL after, 

the conversion. 

Based on the evidence on the record, 

we preliminarily find that PPL is the 

successor-in-interest to PMP. We find 

that, while PPL expanded to seven 

partners from two after its conversion to 

a private limited company, the original 

two partners retained a majority stake in 

PPL and no managers or other 

employees changed as a result of the 

conversion.9 As a result, we find that 

PPL operates as the same business entity 

as PMP. Moreover, PPL: (1) Retained the 

same production facility as PMP; 10 (2) 

continued to purchase raw shrimp from 

a majority of the same suppliers as 

PMP; 11 and (3) continued to supply the 

same U.S. customers.12 Therefore, we 

also find that the production facility, 

supplier relationships, and customers 

have not changed as a result of PMP’s 

conversion to PPL. Thus, we 

preliminarily find that PPL should 

receive the same AD deposit rate (i.e., 

2.49 percent) with respect to the subject 

merchandise as PMP, its predecessor 

company. 

When it concludes that expedited 

action is warranted, the Department 

may publish the notice of initiation and 

preliminary results for a CCR 

concurrently.13 We have determined 

that expedition of this CCR is warranted 

because we have the information 

necessary to make a preliminary finding 

already on the record.14 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 suspend entries of subject 

merchandise produced or exported by 

PPL at PMP’s cash deposit rate (i.e., 2.49 

percent), effective on the publication 

date of our final results. 

Public Comment 

Pursuant to 19 CFR 351.310(c), any 

interested party may request a hearing 

within 14 days of publication of this 

notice.15 Parties will be notified of the 

time and date of any hearing, if 

requested. Interested parties may submit 

case briefs and/or written comments not 

later than 14 days after the 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 21 days after the date of 

publication of this notice. Parties who 

submit case briefs or rebuttal briefs in 

this changed circumstance review are 

requested to submit with each 

argument: (1) A statement of the issue; 

and (2) a brief summary of the 

argument; and (3) a table of authorities. 

Interested parties who wish to comment 

on the preliminary results must file 

briefs electronically using Enforcement 

and Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (IA ACCESS). 

IA ACCESS is available to registered 

users at http://iaaccess.trade.gov. An 

electronically-filed document must be 

received successfully in its entirety by 

the Department’s electronic records 

system, IA ACCESS, by 5 p.m. Eastern 

Time on the date the document is due. 

Consistent with 19 CFR 351.216(e), 

we intend to issue the final results of 

this changed circumstance review 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 

finding and 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)(ii). 

Dated: October 6, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2014–24277 Filed 10–9–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–912] 

Certain New Pneumatic Off-the-Road 

Tires From the People’s Republic of 

China: Preliminary Results of 

Antidumping Duty Administrative 

Review; 2012–2013 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

mstockstill on DSK4VPTVN1PROD with NOTICES