[Federal Register Volume 74, Number 126 (Thursday, July 2, 2009)]
[Notices]
[Pages 31698-31700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15702]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-802]


Frozen Warmwater Shrimp From Vietnam: Notice of Preliminary 
Results of Antidumping Duty Changed Circumstances Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 18, 2009, the Department of Commerce (``the 
Department'') published in the Federal Register a notice of initiation 
of changed circumstances reviews of the antidumping duty order on 
frozen warmwater shrimp from Vietnam in order to determine whether five 
companies, Bac Lieu Fisheries Joint Stock Company (``Bac Lieu JSC''), 
Cadovimex Seafood Import-Export and Processing Joint Stock Company 
(``Cadovimex Vietnam''), Soc Trang Seafood Joint Stock Company 
(``STAPIMEX JSC''), Thuan Phuoc Seafoods and Trading Corporation 
(``Thuan Phuoc JSC''), and UTXI Aquatic Products Processing Corporation 
(``UTXI Corp.'') (collectively, ``Five CCR Companies'') are successors-
in-interest, respectively, to Bac Lieu Fisheries Company Limited (``Bac 
Lieu Limited''), Cai Doi Vam Seafood Import-Export Company 
(``Cadovimex''), Soc Trang Aquatic Products and General Import Export 
Company (``STAPIMEX''), Thuan Phuoc Seafoods and Trading Corporation 
(``Thuan Phuoc SOE''), and UTXI Aquatic Products Processing Company 
(``UTXI'') (collectively, ``Five Original Companies'') for purposes of 
determining antidumping duty liability. Similarly, on April 14, 2009, 
the Department published in the Federal Register a notice of initiation 
of changed circumstances review of the antidumping order in order to 
determine whether Can Tho Import Export Fishery Limited Company 
(``CAFISH'') is the successor-in-interest to Can Tho Agricultural and 
Animal Products Import Export Company (``CATACO''). We have 
preliminarily determined that Bac Lieu JSC, Cadovimex Vietnam, STAPIMEX 
JSC, Thuan Phuoc JSC, and UTXI Corp. are the successors-in-interest to 
the respective Five Original Companies for purposes of determining 
antidumping duty liability. However, we have preliminarily determined 
that CAFISH is not the successor-in-interest to CATACO for purposes of 
determining antidumping duty liability. Interested parties are invited 
to comment on these preliminary results.

DATES: Effective Date: July 2, 2009.

FOR FURTHER INFORMATION CONTACT: Jerry Huang or Scot T. Fullerton, AD/
CVD Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue, 
NW., Washington, DC 20230; telephone: 202-482-4047 or 202-482-1386, 
respectively.

Background

    The Department published in the Federal Register the antidumping 
duty order for frozen warmwater shrimp from Vietnam on February 1, 
2005. 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, 5154-55 (February 
1, 2005) (``Order''). As part of the Order, all six companies, Bac Lieu 
Limited, Cadovimex, STAPIMEX, Thuan Phuoc SOE, UTXI, and CATACO 
received a separate antidumping duty cash deposit rate of 4.57 percent. 
Id.
    On January 26, 2009, STAPIMEX JSC, and on January 27, 2009, UTXI 
Corp., filed submissions requesting that the Department conduct changed 
circumstances reviews of the antidumping duty order on frozen warmwater 
shrimp from Vietnam claiming, respectively, that STAPIMEX JSC is the 
successor-in-interest to STAPIMEX,\1\ and that UTXI Corp. is the 
successor-in-interest to UTXI,\2\ in accordance with section 751(b) of 
the Tariff Act of 1930, as amended (``the Act'') and 19 CRF 351.216. 
Then on February 4, 2009, Cadovimex-Vietnam, on February 5, 2009, Thuan 
Phuoc JSC, and on February 6, 2009, Bac Lieu JSC, filed submissions 
requesting that the Department conduct changed circumstances reviews of 
the antidumping duty order claiming, respectively, that Cadovimex-
Vietnam is the successor-in-interest to Cadovimex,\3\ that Thuan Phuoc 
JSC is the successor-in-interest to Thuan Phuoc SOE,\4\ and that Bac 
Lieu JSC is the successor-in-interest to Bac Lieu Limited.\5\ In their 
submissions, the Five CCR Companies provided information regarding the 
events leading to each company's transition from the Five Original 
Companies. Specifically, Cadovimex-Vietnam, STAPIMEX JSC, and Thuan 
Phuoc JSC provided documentation relating to their change from State-
owned enterprises (``SOEs'') to joint stock companies (``JSCs''), while 
Bac Lieu JSC and UTXI Corp. provided documentation relating to their 
change from limited liability companies (``LLCs'') to JSCs. In 
addition, all five companies provided documentation relating to their 
ownership structures and management, production facilities, supplier 
relationships, and customer bases, among other things. In response to 
these requests, the Department initiated changed circumstances reviews 
of the Five CCR Companies on March 18, 2009. See Certain Frozen 
Warmwater Shrimp from Socialist Republic of Vietnam: Initiation of 
Changed Circumstances Reviews, 74 FR 11527 (March 18, 2009) 
(``Initiation Notice'').
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    \1\ See STAPIMEX JSC's submission to the Department regarding 
Certain Frozen Warmwater Shrimp from Vietnam: Request for Changed 
Circumstances Review, January 26, 2009 (``STAPIMEX JSC's CCR 
Request'').
    \2\ See UTXI Corp.'s submission to the Department regarding 
Certain Frozen Warmwater Shrimp from Vietnam: Request for Changed 
Circumstances Review, January 27, 2009 (``UTXI Corp.'s CCR 
Request'').
    \3\ See Cadovimex-Vietnam's submission to the Department 
regarding Certain Frozen Warmwater Shrimp from Vietnam: Request for 
Changed Circumstances Review, February 4, 2009 (``Cadovimex-
Vietnam's CCR Request'').
    \4\ See Thuan Phuoc JSC's submission to the Department regarding 
Certain Frozen Warmwater Shrimp from Vietnam: Request for Changed 
Circumstances Review, February 5, 2009 (``Thuan Phuoc JSC's CCR 
Request'').
    \5\ See Bac Lieu JSC's submission to the Department regarding 
Certain Frozen Warmwater Shrimp from Vietnam: Request for Changed 
Circumstances Review, February 6, 2009 (``Bac Lieu JSC's CCR 
Request'').
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    On March 13, 2009, CATACO filed a submission requesting that the 
Department conduct a changed circumstances review of the antidumping 
duty order claiming that CAFISH is the successor-in-interest to 
CATACO's shrimp processing operation.\6\ In its submission, CATACO 
provided information regarding the formation of its seafood factory as 
a separate JSC, Cantho Import-Export Seafood Joint Stocks Company 
(``CASEAMEX''). CATACO provided additional information regarding the 
subsequent further separation of CASEAMEX's shrimp processing operation 
which formed a joint venture with an unaffiliated shrimp processing

[[Page 31699]]

company that transferred that company's shrimp operation to the joint 
factory, which is named CAFISH. In addition, CATACO provided 
documentation relating to, among other things, CAFISH's ownership 
structure and management, production facilities, supplier 
relationships, and customer bases. In response to CATACO's request, the 
Department initiated a changed circumstances review on April 14, 2009. 
See Certain Frozen Warmwater Shrimp from the Socialist Republic of 
Vietnam: Initiation of Changed Circumstances Review, 74 FR 17156 (April 
14, 2009) (``CATACO Initiation Notice'').
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    \6\ See CATACO's submission to the Department regarding Certain 
Frozen Warmwater Shrimp from Vietnam: Request for Changed 
Circumstances Review, March 14, 2009 (``CATACO's CCR Request'').
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Scope of Order

    The scope of this order includes certain warmwater shrimp and 
prawns, whether frozen, wild-caught (ocean harvested) or farm-raised 
(produced by aquaculture), head-on or head-off, shell-on or peeled, 
tail-on or tail-off,\7\ deveined or not deveined, cooked or raw, or 
otherwise processed in frozen form.
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    \7\ ``Tails'' in this context means the tail fan, which includes 
the telson and the uropods.
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    The frozen warmwater shrimp and prawn products included in the 
scope of this investigation, regardless of definitions in the 
Harmonized Tariff Schedule of the United States (``HTS''), 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 investigation. 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 investigation.
    Excluded from the scope are: (1) Breaded shrimp and prawns (HTS 
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 (HTS subheadings 0306.23.00.20 and 0306.23.00.40); (4) 
shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); (5) 
dried shrimp and prawns; (6) canned warmwater shrimp and prawns (HTS 
subheading 1605.20.10.40); (7) certain dusted shrimp; and (8) certain 
battered shrimp. Dusted 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 10 
percent of the product's total weight after being dusted, but prior to 
being frozen; and (5) that is subjected to individually quick frozen 
(``IQF'') freezing immediately after application of the dusting layer. 
Battered shrimp is a shrimp-based product that, when dusted in 
accordance with the definition of dusting above, is coated with a wet 
viscous layer containing egg and/or milk, and par-fried.
    The products covered by this investigation are currently classified 
under the following HTS subheadings: 0306.13.00.03, 0306.13.00.06, 
0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18, 
0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40, 
1605.20.10.10, and 1605.20.10.30. These HTS subheadings are provided 
for convenience and for customs purposes only and are not dispositive, 
but rather the written description of the scope of this investigation 
is dispositive.

Preliminary Results of the Reviews

    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 
relationships; and (4) customer base. See, e.g., Notice of Final 
Results of Changed Circumstances Antidumping Duty Administrative 
Review: Polychloroprene Rubber From Japan, 67 FR 58 (January 2, 2002), 
and Brass Sheet and Strip from Canada: Final Results of Antidumping 
Duty Administrative Review, 57 FR 20460, 20461 (May 13, 1992). 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. See, 
e.g., Fresh and Chilled Atlantic Salmon from Norway; Final Results of 
Changed Circumstances Antidumping Duty Administrative Review, 64 FR 
9979 (March 1, 1999), and Industrial Phosphoric Acid from Israel; Final 
Results of Changed Circumstances Review, 59 FR 6944, 6945 (February 14, 
1994). 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.
    In accordance with 19 CRF 351.221(c)(3)(i), we preliminarily 
determine that Bac Lieu JSC, Cadovimex-Vietnam, STAPIMEX JSC, Thuan 
Phuoc JSC, and UTXI Corp. are the respective successors-in-interest to 
the Five Original Companies. In their respective submissions, each of 
the Five CCR Companies provided evidence supporting their claim to be 
the successor-in-interest to the Five Original Companies. Documentation 
attached to their submissions shows that the changes in corporation 
type from either SOE or LLC to JSC resulted in little or no change in 
management, production facilities, supplier relationships, or customer 
base. See the proprietary version of the Memorandum to File from Jerry 
Huang, International Trade Compliance Analyst AD/CVD Office 9, Through 
Scot T. Fullerton, Program Manager, AD/CVD Office 9, Analysis Memo for 
Preliminary Determination of Antidumping Duty Changed Circumstances 
Review: Frozen Warmwater Shrimp from Vietnam (``Analysis Memo''), pp 3-
7, June 25, 2009, for further detail. If the above preliminary results 
are affirmed in the Department's final results, the cash deposit rates 
most recently calculated for the Five Original Companies will apply to 
all entries of subject merchandise made by the Five CCR Companies, 
entered or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this changed circumstances

[[Page 31700]]

review. See, e.g., Granular Polytetrafluoroethylene Resin from Italy: 
Final Results of Changed Circumstances Review, 68 FR 25327 (May 12, 
2003). These cash deposit rates, if imposed, shall remain in effect 
until further notice.
    Also in accordance with 19 CRF 351.221(c)(3)(i), we preliminarily 
determine that CAFISH is not the successor-in-interest to CATACO. In 
its March 13, 2009, submission, the information and evidence CATACO 
provided do not support the claim that CAFISH is the successor-in-
interest to CATACO's shrimp factory. The documentation attached to 
CATACO's submission shows significant changes in all key categories 
that the Department considers in successor-in-interest determinations. 
That is, in terms of management, production facilities, supplier 
relationships, and customer base, the documentation shows that CAFISH 
is materially dissimilar from CATACO's shrimp factory. In addition, 
CAFISH continues to conduct its sales to the United States through 
CATACO, thus CATACO remains an active exporter of the subject 
merchandise. See Analysis Memo, pp. 6-7. Thus we preliminarily find 
that CAFISH should not receive CATACO's current separate rate and that 
the cash deposit rate for the subject merchandise exported and 
manufactured by CAFISH should continue to be the current Vietnam-wide 
rate.

Public Comment

    Any interested party may request a hearing within 10 days of 
publication of this notice in accordance with 19 CFR 351.310(c). 
Interested parties may submit case briefs no later than 14 days after 
the date of publication of this notice, in accordance with 19 CFR 
351.309(c)(1)(ii). Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed no later than 5 days after the case briefs, 
in accordance with 19 CFR 351.309(d)(1). Any hearing, if requested, 
will normally be held two days after rebuttal briefs are due, in 
accordance with 19 CFR 351.310(d)(1). The Department will issue its 
final results of review within 270 days after the date on which the 
changed circumstances review was initiated, or within 45 days if all 
parties to the proceeding agree to the outcome of the review, in 
accordance with 19 CFR 351.216(e), and will publish these results in 
the Federal Register.
    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Act and 19 CFR 351.216 of the Department's regulations.

    Dated: June 25, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-15702 Filed 7-1-09; 8:45 am]
BILLING CODE 3510-DS-P