Certain Frozen Warmwater Shrimp From the People's Republic of China, Ecuador, India, Indonesia, Malaysia, Thailand, and the Socialist Republic of Vietnam: Initiation of Countervailing Duty Investigations, 5416-5421 [2013-01579]
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Federal Register / Vol. 78, No. 17 / Friday, January 25, 2013 / Notices
Notification to Importers Regarding the
Reimbursement of Duties
DATES:
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
has occurred and the subsequent
assessment of doubled antidumping
duties.
Dustin Ross, AD/CVD Operations,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–0747.
SUPPLEMENTARY INFORMATION:
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This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return or destruction of APO
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protective order, is hereby requested.
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We are issuing and publishing this
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: January 17, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I—Issues & Decision
Memorandum
General Issues
Comment I: Selection of Financial Ratios
Comment II: Liquidation Instructions
[FR Doc. 2013–01584 Filed 1–24–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
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[C–570–988, C–331–803, C–533–854, C–560–
825, C–557–814, C–549–828, and C–552–
815]
Certain Frozen Warmwater Shrimp
From the People’s Republic of China,
Ecuador, India, Indonesia, Malaysia,
Thailand, and the Socialist Republic of
Vietnam: Initiation of Countervailing
Duty Investigations
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
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Effective Date: January 25, 2013.
FOR FURTHER INFORMATION CONTACT:
The Petitions
On December 28, 2012, the
Department of Commerce
(‘‘Department’’) received petitions filed
in proper form by the Coalition of Gulf
Shrimp Industries (‘‘the petitioner’’),1 a
trade or business association whose
members manufacture, produce, or
wholesale a domestic like product in the
United States.2 In response to the
Department’s requests, the petitioner
provided timely information
supplementing the Petitions on January
9, 2013, January 10, 2013, January 11,
2013, and January 14, 2013.
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(‘‘the Act’’), the petitioner alleges that
manufacturers, producers, or importers
of certain frozen warmwater shrimp
from the People’s Republic of China
(‘‘China’’), Ecuador, India, Indonesia,
Malaysia, Thailand, and the Socialist
Republic of Vietnam (‘‘Vietnam’’),
receive countervailable subsidies within
the meaning of sections 701 and 771(5)
of the Act, and that such imports are
materially injuring, or threatening
material injury to, the domestic industry
producing frozen shrimp in the United
States.
The Department finds that the
petitioner filed the Petitions on behalf of
the domestic industry because they are
an interested party as defined in section
1 The members of the Coalition of Gulf Shrimp
Industries are: Bayou Shrimp Processors, Inc.;
Bluewater Shrimp Company, Inc.; Carson & Co.,
Inc.; C.F. Gollott & Sons Seafood, Inc.; Dean
Blanchard Seafood, Inc.; Dominick Seafood;
Fisherman’s Reef Packing Plant; Golden Gulf Coast
Pkg. Co., Inc. (and Gollott’s Oil Dock & Ice House);
Graham Fisheries, Inc.; Graham Shrimp, Inc.; Gulf
Crown Seafood Co., Inc.; Gulf Fish Inc.; Gulf Island
Shrimp & Seafood, LLC; Gulf Pride Enterprises,
Inc.; Hi-Seas of Dulac, Inc.; Indian Ridge Shrimp
Co.; JBS Packing Co., Inc.; Lafitte Frozen Foods
Corp.; M&M Shrimp (Biloxi Freezing and
Processing); Ocean Springs Seafood Market, Inc.;
Paul Piazza & Sons, Inc.; R.A. Lesso Brokerage Co.,
Inc.; Sea Pearl Seafood Co., Inc.; Smith and Sons
Seafood; Tidelands Seafood Co., Inc.; Tommy’s
Seafood; Vincent Piazza & Sons Seafood, Inc.;
Wood’s Fisheries; Mariah Jade Shrimp Company
LLC; David Chauvin’s Seafood Company, LLC; and
Rountree Enterprises, Inc. (dba Leonard & Sons
Shrimp Co. and R&R Fisheries).
2 See Petitions for the Imposition of
Countervailing Duties on Certain Frozen
Warmwater Shrimp from the People’s Republic of
China, Ecuador, India, Indonesia, Malaysia,
Thailand, and the Socialist Republic of Vietnam,
dated December 28, 2012, (‘‘the Petitions’’).
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771(9)(E) of the Act, and the petitioner
has demonstrated sufficient industry
support, pursuant to section 771(4)(E) of
the Act, with respect to the
investigations that it requests the
Department initiate.3
Period of Investigation
The period of investigation is January
1, 2011, through December 31, 2011.
Scope of the Investigations
The products covered by these
investigations are certain frozen
warmwater shrimp (‘‘frozen shrimp’’)
from China, Ecuador, India, Indonesia,
Malaysia, Thailand, and Vietnam. For a
full description of the scope of each of
these investigations, please see the
‘‘Scope of the Investigations’’ in
Appendix I to this notice.
Comments on Scope of Investigations
During our review of the Petitions, the
Department had discussions pertaining
to the proposed scope with the
petitioner to ensure that the scope
language in the Petitions was an
accurate reflection of the products for
which the domestic industry is seeking
relief. The petitioner determined the
proposed scope should be clarified, and
it filed a modification to the language of
the scope described in the Petitions to
reflect those clarifications.4 Moreover,
as discussed in the preamble to the
regulations,5 we are setting aside a
period of time for interested parties to
raise issues regarding product coverage.
This period for scope comments is
intended to provide the Department
with ample opportunity to consider all
issues and to consult with parties prior
to the issuance of the preliminary
determinations. The Department
encourages interested parties to submit
such comments by 5:00 p.m. EST on
Wednesday, February 6, 2013, which is
20 calendar days from the signature date
of this notice.
Filing Requirements
All submissions to the Department
must be filed electronically using
Import Administration’s Antidumping
and Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). An electronically filed
document must be received successfully
in its entirety by the Department’s
3 See ‘‘Determination of Industry Support for the
Petition’’ below.
4 See Certain Frozen Warmwater Shrimp from
China, Ecuador, India, Indonesia, Malaysia,
Thailand, and Vietnam—Petitioner’s Response To
The Department’s January 4, 2013 Supplemental
Questions to the Petition, dated January 9, 2013 at
Exhibit I–SQ–3.
5 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
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Federal Register / Vol. 78, No. 17 / Friday, January 25, 2013 / Notices
electronic records system, IA ACCESS,
by the time and date set by the
Department. Documents excepted from
the electronic submission requirements
must be filed manually (i.e., in paper
form) with the Import Administration’s
APO/Dockets Unit, Room 1870, U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, and stamped
with the date and time of receipt by the
deadline established by the
Department.6
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Consultations
Pursuant to section 702(b)(4)(A)(ii) of
the Act, the Department invited
representatives of the Governments of
China, Ecuador, India, Indonesia,
Malaysia, Thailand, and Vietnam for
consultations with respect to the
Petitions.
Consultations were held with the
government of China via teleconference
on January 10, 2013.7 Consultations
were held in Washington, DC, with the
Royal Thai Government on January 11,
2013; 8 with the governments of India,
Indonesia, and Malaysia on January 14,
2013; 9 with the government of Vietnam
on January 15, 2013; 10 and with the
government of Ecuador on January 16,
2013.11 All memoranda are on file
electronically via IA ACCESS. Access to
IA ACCESS is available in the Central
Records Unit (‘‘CRU’’), Room 7046, of
6 See https://www.gpo.gov/fdsys/pkg/FR-2011-0706/pdf/2011-16352.pdf for details of the
Department’s Electronic Filing Requirements,
which went into effect on August 5, 2011.
Information on help using IA ACCESS can be found
at https://iaaccess.trade.gov/help.aspx and a
handbook can be found at https://iaaccess.trade.
gov/help/Handbook%20on%20Electronic%20
Filing%20Procedures.pdf.
7 See Ex-Parte Memorandum, ‘‘Consultations with
Officials from the Government of the PRC’’ (January
14, 2013).
8 See Ex-Parte Memorandum, ‘‘Consultations with
Officials from the Royal Thai Government on the
Countervailing Duty Petition regarding Frozen
Warmwater Shrimp’’ (January 11, 2013) (‘‘Thailand
Consultation Memorandum’’).
9 See Ex-Parte Memorandum, ‘‘Consultations with
Officials from the Government of India (‘‘GOI’’) on
the Countervailing Duty Petition on Certain Frozen
Warmwater Shrimp from India’’ (January 17, 2013)
(‘‘India Consultation Memorandum’’), Ex-Parte
Memorandum, ‘‘Consultations with the Officials
from the Government of the Republic of Indonesia
on the Countervailing Duty Petition regarding
Frozen Warmwater Shrimp’’ (January 15, 2013), and
Ex-Parte Memorandum, ‘‘Consultations with
Officials from the Government of the Malaysia,’’
(January 15, 2013), respectively.
10 See Ex-Parte Memorandum, ‘‘Consultations
with Officials from the Government of Vietnam on
the Countervailing Duty Petition on Certain Frozen
Warmwater Shrimp from Vietnam’’ (January 17,
2013) (‘‘Vietnam Consultation Memorandum’’).
11 See Ex-Parte Memorandum, ‘‘Consultations
with Officials from the Government of Ecuador
(‘‘GOE’’) on the Countervailing Duty Petition on
Certain Frozen Warmwater Shrimp from Ecuador,’’
(January 16, 2013).
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the main Department of Commerce
Building.
Determination of Industry Support for
the Petitions
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
the Department shall: (i) Poll the
industry or rely on other information in
order to determine if there is support for
the petition, as required by
subparagraph (A); or (ii) determine
industry support using a statistically
valid sampling method to poll the
industry.
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs the Department to look to
producers and workers who produce the
domestic like product. The U.S.
International Trade Commission
(‘‘ITC’’), which is responsible for
determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both the Department
and the ITC must apply the same
statutory definition regarding the
domestic like product (see section
771(10) of the Act), they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, the Department’s
determination is subject to limitations of
time and information. Although this
may result in different definitions of the
like product, such differences do not
render the decision of either agency
contrary to law.12
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
12 See USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
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with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of domestic like product
distinct from the scope of the
investigations. Based on our analysis of
the information submitted on the
record, we have determined that certain
frozen warmwater shrimp, as defined in
the scope of the investigations,
constitutes a single domestic like
product and we have analyzed industry
support in terms of that domestic like
product.13
In determining whether the petitioner
has standing under section 702(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petitions
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigations’’ section above. To
establish industry support, the
petitioner provided its production of the
domestic like product in 2011 and
compared this to the total production of
the domestic like product by the entire
domestic industry.14 The petitioner
calculated total 2011 production of the
domestic like product based on data on
the volume of frozen shrimp produced
in the United States in 2011 from the
13 For a discussion of the domestic like product
analysis in these cases, see ‘‘Countervailing Duty
Investigation Initiation Checklist: Certain Frozen
Warmwater Shrimp from the People’s Republic of
China’’ (‘‘China Initiation Checklist’’), at
Attachment II, Analysis of Industry Support for the
Petitions Covering Certain Frozen Warmwater
Shrimp from the People’s Republic of China,
Ecuador, India, Indonesia, Malaysia, Thailand, and
Vietnam (‘‘Attachment II’’); ‘‘Countervailing Duty
Investigation Initiation Checklist: Certain Frozen
Warmwater Shrimp from Ecuador’’ (‘‘Ecuador
Initiation Checklist’’), at Attachment II;
‘‘Countervailing Duty Investigation Initiation
Checklist: Certain Frozen Warmwater Shrimp from
India’’ (‘‘India Initiation Checklist’’), at Attachment
II; ‘‘Countervailing Duty Investigation Initiation
Checklist: Certain Frozen Warmwater Shrimp from
Indonesia’’ (‘‘Indonesia Initiation Checklist’’), at
Attachment II; ‘‘Countervailing Duty Investigation
Initiation Checklist: Certain Frozen Warmwater
Shrimp from Malaysia’’ (‘‘Malaysia Initiation
Checklist’’), at Attachment II; ‘‘Countervailing Duty
Investigation Initiation Checklist: Certain Frozen
Warmwater Shrimp from Thailand’’ (‘‘Thailand
Initiation Checklist’’), at Attachment II;
‘‘Countervailing Duty Investigation Initiation
Checklist: Certain Frozen Warmwater Shrimp from
Vietnam’’ (‘‘Vietnam Initiation Checklist’’), at
Attachment II. These checklists are on file via IA
ACCESS.
14 See Volume I of the Petitions, at I–6, I–7, and
Exhibits I–5 through I–7 and I–21; see also the
petitioner’s January 9, 2013, ‘‘Response To The
Department’s January 4, 2013 Supplemental
Questions to the Petition,’’ at 2–6 and Exhibits I–
SQ–4 through I–SQ–11.
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National Oceanic and Atmospheric
Administration (‘‘NOAA’’). The
Department contacted NOAA officials
with respect to these data on January 11,
2013, to learn the means by which
NOAA derived these production
amounts.15 The petitioner noted in the
Petitions that the data from NOAA
included both warmwater and
coldwater frozen shrimp processed in
2011. To adjust the NOAA data to
reflect only the processing of
warmwater shrimp, the petitioner used
data on landings of coldwater shrimp
from the National Marine Fisheries
Service, a division of NOAA. The
petitioner explained that this is the
same methodology and data used by the
Department in prior antidumping
investigations on frozen warmwater
shrimp.16 We contacted NOAA with
respect to the data relied upon by the
petitioner, and are satisfied with the
quality and accuracy of that data.
However, during our communications
with NOAA, NOAA provided us with
updated 2011 figures. Accordingly, we
have relied upon the updated NOAA
data for purposes of measuring industry
support.17
On January 11, 2013, the Government
of Thailand raised concerns about
industry support during its
consultations with the Department.18
On January 14, 2013, the Government of
India (‘‘GOI’’) also raised concerns about
industry support during its
consultations with the Department.19
The GOI reiterated those same concerns
in a letter filed on January 16, 2013.20
On January 14, 2013, Marine Gold
Products Limited, Thai Union Frozen
Products Public Co., Ltd., Thai Union
Seafood Co., Ltd., Pakfood Public
Company Limited, and Thai Royal
Frozen Food Co., Ltd. (collectively,
‘‘Thai Exporters’’), self-identified
foreign producers and exporters of
subject merchandise, also filed a
submission challenging industry
15 See Memorandum to the File from Vicki Flynn,
Office of Policy, Regarding National Oceanic and
Atmospheric Administration Statistics (January 11,
2013).
16 See Volume I of the Petitions, at I–6, I–7, and
Exhibit I–4 (which contains the ‘‘AD Investigation
Initiation Checklist: Certain Frozen and Canned
Warmwater Shrimp from Thailand’’ (Public
Version) (January 20, 2004)).
17 For further discussion, see Memorandum to the
File, ‘‘National Oceanic and Atmospheric
Administration (‘‘NOAA’’) Statistics,’’ (January 15,
2013).
18 See Thailand Consultation Memorandum.
19 See India Consultation Memorandum.
20 See Letter from the GOI dated January 16, 2013,
‘‘Petition filed by the Coalition of Gulf Shrimp
Industries on 28 December 2012 seeking initiation
of a countervailing duty investigation against
imports of Certain Frozen Warmwater Shrimp from,
inter alia, India.’’
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support. On January 15, 2013, the
Government of Vietnam commented on
industry support during its
consultations with the Department.21
On January 15, 2013, the petitioner filed
a response to the Thai Exporters’
industry support challenge. On January
16, 2013, the Seafood Exports
Association of India, an association of
foreign producers and exporters of
subject merchandise, also filed a
submission challenging industry
support. On January 17, 2013, the
petitioner filed a response to the GOI’s
letter.22
Based on information provided in the
Petitions, supplemental submissions,
and other information readily available
to the Department, we determine that
the petitioner has met the statutory
criteria for industry support under
section 702(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.23 Based on information
provided in the Petitions and
supplemental submissions, the domestic
producers and workers have met the
statutory criteria for industry support
under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petitions
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petitions. Accordingly, the
Department determines that the
Petitions were filed on behalf of the
domestic industry within the meaning
of section 702(b)(1) of the Act.24
The Department finds that the
petitioner filed the Petitions on behalf of
the domestic industry because it is an
interested party as defined in section
771(9)(E) of the Act and it has
demonstrated sufficient industry
support, pursuant to section 771(4)(E) of
the Act, with respect to the CVD
investigations that it is requesting the
Department initiate.25
21 See
Vietnam Consultation Memorandum.
further discussion of these submissions, see
China Initiation Checklist, Ecuador Initiation
Checklist, India Initiation Checklist, Indonesia
Initiation Checklist, Malaysia Initiation Checklist,
Thailand Initiation Checklist, and Vietnam
Initiation Checklist, at Attachment II.
23 See China Initiation Checklist, Ecuador
Initiation Checklist, India Initiation Checklist,
Indonesia Initiation Checklist, Malaysia Initiation
Checklist, Thailand Initiation Checklist, and
Vietnam Initiation Checklist, at Attachment II.
24 See id.
25 See id.
22 For
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Injury Test
Because China, Ecuador, India,
Indonesia, Malaysia, Thailand, and
Vietnam are ‘‘Subsidies Agreement
Countries’’ within the meaning of
section 701(b) of the Act, section
701(a)(2) of the Act applies to these
investigations. Accordingly, the ITC
must determine whether imports of the
subject merchandise from China,
Ecuador, India, Indonesia, Malaysia,
Thailand, and Vietnam materially
injure, or threaten material injury to, a
U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that imports of
the subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. The petitioner alleges that
subject imports from China and Vietnam
exceed the negligibility threshold
provided for under section 771(24)(A) of
the Act. In addition, the petitioner
alleges that subject imports from
Ecuador, India, Indonesia, Malaysia,
and Thailand exceed the negligibility
threshold provided for under section
771(24)(B) of the Act, which states that
in countervailing duty petitions,
imports of subject merchandise from
developing countries must exceed the
negligibility threshold of 4 percent.
The petitioner contends that the
industry’s injured condition is
illustrated by reduced market share;
underselling and price depression or
suppression; lost sales and revenue;
reduced shipments and production;
increased inventories; decline in
financial performance; and reduction in
employment data and wages paid.26 We
have assessed the allegations and
supporting evidence regarding material
injury, threat of material injury, and
causation, and we have determined that
these allegations are properly supported
by adequate evidence and meet the
statutory requirements for initiation.27
26 See Volume I of the Petitions, at I–11 through
I–57 and Exhibits I–11, I–13 through I–32, and
General Issues Supplement, at 1, 6–7 and Exhibits
I–SQ–1, I–SQ–2, I–SQ–12, and I–SQ–13.
27 See China Initiation Checklist, Ecuador
Initiation Checklist, India Initiation Checklist,
Indonesia Initiation Checklist, Malaysia Initiation
Checklist, Thailand Initiation Checklist, and
Vietnam Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material
Injury and Causation for the Petitions Covering
Certain Frozen Warmwater Shrimp from the
People’s Republic of China, Ecuador, India,
Indonesia, Malaysia, Thailand, and the Socialist
Republic of Vietnam.
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Initiation of Countervailing Duty
Investigations
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Section 702(b)(1) of the Act requires
the Department to initiate a CVD
investigation whenever an interested
party files a CVD petition on behalf of
an industry that: (1) alleges the elements
necessary for an imposition of a duty
under section 701(a) of the Act; and (2)
is accompanied by information
reasonably available to the petitioner
supporting the allegations.
In the Petitions, the petitioner alleges
that producers of frozen shrimp in
China, Ecuador, India, Indonesia,
Malaysia, Thailand and Vietnam
benefited from countervailable subsidies
bestowed by their respective
governments. In addition to subsidies
allegedly provided to processors of
frozen shrimp, the Petitions include
subsidies allegedly provided to
producers of fresh shrimp. According to
the petitioner, the producers of frozen
shrimp often have their own integrated
aquaculture operations or are crossowned with farming operations that
supply fresh shrimp.28 In these
situations, the petitioner states that
subsidies tied to the production of fresh
shrimp will be attributed to the
processed product, citing 19 CFR
351.525(b)(5)(ii) and 351.525(b)(6)(iv).
(With respect to cross-owned suppliers
of fresh shrimp and the requirements of
19 CFR 351.525(b)(6)(iv), the petitioner
points to the ITC’s finding that fresh
shrimp is overwhelmingly used to
produce frozen shrimp 29 in support of
its claim that fresh shrimp is ‘‘primarily
dedicated’’ to the frozen product.)
Alternatively, the petitioner claims
that the Department should investigate
subsidies to producers of fresh shrimp
and deem such subsidies to be provided
with respect to the frozen product under
section 771B of the Act, which
addresses processed agricultural
products (including fishery products).
In support, the petitioner claims that: (i)
The demand for fresh shrimp is
substantially dependent on the demand
for frozen shrimp and (ii) the processing
of the fresh shrimp into frozen shrimp
adds limited value and the essential
character of the raw product is not
changed. In support, the petitioner
refers to the above-cited finding by the
ITC and to its finding that processing
28 The petitioner has provided supporting
information for these claims in each of the
petitions. For a full discussion, see the Initiation
Checklist for each country.
29 U.S. International Trade Commission, Frozen
Warmwater Shrimp from Brazil, China, India,
Thailand, and Vietnam, Inv. Nos. 731–TA–1063,
1064, 1066–1068 (Review), USITC Pub. 4221
(March 2011) (Shrimp AD Sunset) at 6.
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adds 19–24 percent of the final value.30
According to the petitioner, the
Department has previously found this
level of value added to be limited.31
Moreover, the petitioner states that the
essential character of the fresh shrimp is
not changed with processing. Based on
the petitioner’s allegation in each of the
Petitions regarding the relationship
between fresh and frozen shrimp, the
Department is including in its
investigations programs that allegedly
provide subsidies to producers of fresh
shrimp as well as programs that
allegedly provide subsidies to producers
of frozen shrimp.
The Department has examined the
Petitions on frozen shrimp from China,
Ecuador, India, Indonesia, Malaysia,
Thailand and Vietnam and finds that
they comply with the requirements of
section 702(b)(1) of the Act. Therefore,
in accordance with section 702(b)(1) of
the Act, we are initiating CVD
investigations to determine whether
manufacturers, producers, or exporters
of frozen shrimp from the China,
Ecuador, India, Indonesia, Malaysia,
Thailand and Vietnam receive
countervailable subsidies.
there is sufficient evidence to initiate on
part of the allegation but that there is
not sufficient evidence to initiate on
another part of the allegation. For one
program, we have determined that the
requirements for initiation have not
been met. For a full discussion of the
basis for our decision to initiate or not
initiate on each program, see India
Initiation Checklist.
The People’s Republic of China
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation of 25 alleged programs.
For the other five programs, we have
determined that the requirements for
initiation have not been met. For a full
discussion of the basis for our decision
to initiate or not initiate on each
program, see China Initiation Checklist.
Malaysia
Ecuador
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation of seven alleged programs.
For the other two programs, we have
determined that the requirements for
initiation have not been met. For a full
discussion of the basis for our decision
to initiate or not initiate on each
program, see Ecuador Initiation
Checklist.
India
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation of 21 alleged programs.
For one other program, we find that
30 Shrimp
AD Sunset at Table III–11.
petitioner cites, Rice From Thailand; Final
Results of Countervailing Duty Administrative
Review, 56 FR 68, 69 (January 2, 1991) and Final
Affirmative Countervailing Duty Determination:
Fresh, Chilled, and Frozen Pork from Canada, 54
FR 30774, 30775 (July 24, 1989).
31 The
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Fmt 4703
Sfmt 4703
Indonesia
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation of 14 alleged programs.
The petitioner also made a sufficient
allegation of debt forgiveness and
uncreditworthiness regarding a certain
Indonesian producer/exporter of subject
merchandise. We intend to investigate
these allegations if this company is
selected as a mandatory company
respondent in the investigation. For one
program, we have determined that the
requirements for initiation have not
been met. For a full discussion of the
basis for our decision to initiate or not
initiate on each program, see Indonesia
Initiation Checklist.
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation of 16 alleged programs.
For the other two programs, we have
determined that the requirements for
initiation have not been met. For a full
discussion of the basis for our decision
to initiate or not initiate on each
program, see Malaysia Initiation
Checklist.
Thailand
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation of 12 alleged programs.
For the other three programs, we have
determined that the requirements for
initiation have not been met. For a full
discussion of the basis for our decision
to initiate or not initiate on each
program, see Thailand Initiation
Checklist.
Vietnam
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation of 20 alleged programs.
For two programs, we have determined
that the requirements for initiation have
not been met. For a full discussion of
the basis for our decision to initiate or
not initiate on each program, see
Vietnam Initiation Checklist.
E:\FR\FM\25JAN1.SGM
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Federal Register / Vol. 78, No. 17 / Friday, January 25, 2013 / Notices
A public version of the initiation
checklists for each investigation is
available at https://ia.ita.doc.gov/iahighlights-and-news.html).
mstockstill on DSK4VPTVN1PROD with
Respondent Selection
For these investigations, the
Department expects to select
respondents based on U.S. Customs and
Border Protection (CBP) data for U.S.
imports of subject merchandise during
the period of investigation under the
following Harmonized Tariff Schedule
of the United States (HTSUS) numbers:
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.
We intend to release the CBP data
under Administrative Protective Order
(APO) to all parties with access to
information protected by APO shortly
after the announcement of these case
initiations. Interested parties may
submit comments regarding the CBP
data and respondent selection within
seven calendar days of publication of
this notice. Comments must be filed
electronically using IA ACCESS. 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 by the date noted above.
Documents excepted from the electronic
submission requirements must be filed
manually (i.e., in paper form) with the
Import Administration’s APO/Dockets
Unit, Room 1870, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230,
and stamped with the date and time of
receipt by the deadline noted above. We
intend to make our decision regarding
respondent selection within 20 days of
publication of this Federal Register
notice. Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on the Department’s Web
site at https://ia.ita.doc.gov/apo.
Distribution of Copies of the Petitions
In accordance with section
702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petitions have been provided to
the representatives of the Governments
of China, Ecuador, India, Indonesia,
Malaysia, Thailand, and Vietnam.
Because of the particularly large number
of producers/exporters identified in the
Petitions, the Department considers the
service of the public version of the
Petitions to the foreign producers/
exporters satisfied by the delivery of the
VerDate Mar<15>2010
18:39 Jan 24, 2013
Jkt 229001
public versions of the Petitions to the
Governments of China, Ecuador, India,
Indonesia, Malaysia, Thailand, and
Vietnam, consistent with 19 CFR
351.203(c)(2).
ITC Notification
We have notified the ITC of our
initiation, as required by section 702(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petitions were filed, whether there
is a reasonable indication that imports
of subsidized frozen shrimp from China,
Ecuador, India, Indonesia, Malaysia,
Thailand, and Vietnam are materially
injuring, or threatening material injury
to, a U.S. industry.32 Negative ITC
determinations with respect to any
country will result in the investigation
being terminated for that country;
otherwise, these investigations will
proceed according to statutory and
regulatory time limits.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under
protective orders in accordance with 19
CFR 351.305. On January 22, 2008, the
Department published Antidumping
and Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634. Parties
wishing to participate in this
investigation should ensure that they
meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed at 19 CFR
351.103(d)).
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.33
Parties are hereby reminded that revised
certification requirements are in effect
for company/government officials, as
well as their representatives, in all
segments of any AD or CVD proceedings
initiated on or after March 14, 2011.34
The formats for the revised certifications
are provided at the end of the Interim
Final Rule. Foreign governments and
their officials may continue to submit
certifications in either the format that
was in use prior to the effective date of
the Interim Final Rule, or in the format
32 See
section 703(a)(2) of the Act.
section 782(b) of the Act.
34 See Certification of Factual Information for
Import Administration during Antidumping and
Countervailing Duty Proceedings: Interim Final
Rule, 76 FR 7491 (February 10, 2011) (Interim Final
Rule), amending 19 CFR 351.303(g)(1) and (2).
33 See
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Fmt 4703
Sfmt 4703
provided in the Interim Final Rule.35
The Department intends to reject factual
information submissions if the
submitting party does not comply with
the revised certification requirements.
This notice is issued and published
pursuant to section 777(i) of the Act.
Dated: January 17, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
Scope of the Investigations
The scope of these investigations is certain
frozen warmwater shrimp and prawns,
whether wild-caught (ocean harvested) or
farm-raised (produced by aquaculture), headon or head-off, shell-on or peeled, tail-on or
tail-off,36 deveined or not deveined, cooked
or raw, or otherwise processed in frozen
form, regardless of size.
The frozen warmwater shrimp and prawn
products included in the scope, 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. In addition, food preparations
(including dusted shrimp), which are not
‘‘prepared meals,’’ that contain more than 20
percent by weight of shrimp or prawn are
also included in the scope.
Excluded from the scope are: (1) Breaded
shrimp and prawns; (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; (4) shrimp and prawns in prepared
meals; (5) dried shrimp and prawns; (6)
35 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings: Supplemental
Interim Final Rule, 76 FR 54697 (September 2,
2011).
36 ‘‘Tails’’ in this context means the tail fan,
which includes the telson and the uropods.
E:\FR\FM\25JAN1.SGM
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Federal Register / Vol. 78, No. 17 / Friday, January 25, 2013 / Notices
canned warmwater shrimp and prawns; and
(7) certain ‘‘battered shrimp’’ (see below).
‘‘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 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. 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 included in the scope of
these investigations 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 is dispositive.
[FR Doc. 2013–01579 Filed 1–24–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; NOAA’s Teacher at
Sea Program
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Jennifer Hammond, (301)
713–0353, or
jennifer.hammond@noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
This request is for extension of a
current information collection.
NOAA provides educators an
opportunity to gain first-hand
experience with field research activities
through the NOAA Teacher at Sea
Program. Through this program,
educators spend up to 4 weeks at sea on
a NOAA research vessel, participating
in an on-going research project with
NOAA scientists. The application
solicits information from interested
educators: basic personal information,
teaching experience and ideas for
applying program experience in their
classrooms, plus two recommendations
and a NOAA Health Services
Questionnaire required of anyone
selected to participate in the program.
Once educators are selected and
participate on a cruise, they write a
report detailing the events of the cruise
and ideas for classroom activities based
on what they learned while at sea.
These materials are then made available
to other educators so they may benefit
from the experience, without actually
going to sea themselves. NOAA does not
collect information from this universe of
respondents for any other purpose.
II. Method of Collection
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
Forms can be completed online and
submitted electronically, and/or printed
and mailed.
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)).
OMB Control Number: 0648–0283.
Form Number: None.
Type of Review: Regular submission
(extension of a current information
collection).
Affected Public: Individuals or
households.
Estimated Number of Respondents:
375.
Estimated Time per Response: 45
minutes to read and complete
application, 15 minutes to complete a
Health Services Questionnaire, 15
minutes to deliver and discuss
recommendation forms to persons from
whom recommendations are being
requested, 15 minutes for those persons
to complete a recommendation form,
and 2 hours for a follow-up report.
Estimated Total Annual Burden
Hours: 309.
AGENCY:
SUMMARY:
Written comments must be
submitted on or before March 26, 2013.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at JJessup@doc.gov).
mstockstill on DSK4VPTVN1PROD with
DATES:
VerDate Mar<15>2010
18:39 Jan 24, 2013
Jkt 229001
III. Data
PO 00000
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5421
Estimated Total Annual Cost to
Public: $221.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: January 22, 2013.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2013–01501 Filed 1–24–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC459
Mid-Atlantic Fishery Management
Council (MAFMC); Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The Mid-Atlantic Fishery
Management Council (Council) and its
Ecosystem and Ocean Planning
Committee will hold public meetings.
DATES: The meetings will be held
February 12, 2013, through February 14,
2013. For specific dates, times, and
agenda, see SUPPLEMENTARY
INFORMATION.
ADDRESSES: Embassy Suites Hampton
Roads, 1700 Coliseum Drive, Hampton,
VA 23666; telephone: (757) 827–8200.
Council Address: Mid-Atlantic
Fishery Management Council, 800 N.
State St., Suite 201, Dover, DE 19901;
telephone: 302–674–2331.
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D. Executive
SUMMARY:
E:\FR\FM\25JAN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 17 (Friday, January 25, 2013)]
[Notices]
[Pages 5416-5421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01579]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-988, C-331-803, C-533-854, C-560-825, C-557-814, C-549-828, and
C-552-815]
Certain Frozen Warmwater Shrimp From the People's Republic of
China, Ecuador, India, Indonesia, Malaysia, Thailand, and the Socialist
Republic of Vietnam: Initiation of Countervailing Duty Investigations
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 25, 2013.
FOR FURTHER INFORMATION CONTACT: Dustin Ross, AD/CVD Operations, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-0747.
SUPPLEMENTARY INFORMATION:
The Petitions
On December 28, 2012, the Department of Commerce (``Department'')
received petitions filed in proper form by the Coalition of Gulf Shrimp
Industries (``the petitioner''),\1\ a trade or business association
whose members manufacture, produce, or wholesale a domestic like
product in the United States.\2\ In response to the Department's
requests, the petitioner provided timely information supplementing the
Petitions on January 9, 2013, January 10, 2013, January 11, 2013, and
January 14, 2013.
---------------------------------------------------------------------------
\1\ The members of the Coalition of Gulf Shrimp Industries are:
Bayou Shrimp Processors, Inc.; Bluewater Shrimp Company, Inc.;
Carson & Co., Inc.; C.F. Gollott & Sons Seafood, Inc.; Dean
Blanchard Seafood, Inc.; Dominick Seafood; Fisherman's Reef Packing
Plant; Golden Gulf Coast Pkg. Co., Inc. (and Gollott's Oil Dock &
Ice House); Graham Fisheries, Inc.; Graham Shrimp, Inc.; Gulf Crown
Seafood Co., Inc.; Gulf Fish Inc.; Gulf Island Shrimp & Seafood,
LLC; Gulf Pride Enterprises, Inc.; Hi-Seas of Dulac, Inc.; Indian
Ridge Shrimp Co.; JBS Packing Co., Inc.; Lafitte Frozen Foods Corp.;
M&M Shrimp (Biloxi Freezing and Processing); Ocean Springs Seafood
Market, Inc.; Paul Piazza & Sons, Inc.; R.A. Lesso Brokerage Co.,
Inc.; Sea Pearl Seafood Co., Inc.; Smith and Sons Seafood; Tidelands
Seafood Co., Inc.; Tommy's Seafood; Vincent Piazza & Sons Seafood,
Inc.; Wood's Fisheries; Mariah Jade Shrimp Company LLC; David
Chauvin's Seafood Company, LLC; and Rountree Enterprises, Inc. (dba
Leonard & Sons Shrimp Co. and R&R Fisheries).
\2\ See Petitions for the Imposition of Countervailing Duties on
Certain Frozen Warmwater Shrimp from the People's Republic of China,
Ecuador, India, Indonesia, Malaysia, Thailand, and the Socialist
Republic of Vietnam, dated December 28, 2012, (``the Petitions'').
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (``the Act''), the petitioner alleges that manufacturers,
producers, or importers of certain frozen warmwater shrimp from the
People's Republic of China (``China''), Ecuador, India, Indonesia,
Malaysia, Thailand, and the Socialist Republic of Vietnam
(``Vietnam''), receive countervailable subsidies within the meaning of
sections 701 and 771(5) of the Act, and that such imports are
materially injuring, or threatening material injury to, the domestic
industry producing frozen shrimp in the United States.
The Department finds that the petitioner filed the Petitions on
behalf of the domestic industry because they are an interested party as
defined in section 771(9)(E) of the Act, and the petitioner has
demonstrated sufficient industry support, pursuant to section 771(4)(E)
of the Act, with respect to the investigations that it requests the
Department initiate.\3\
---------------------------------------------------------------------------
\3\ See ``Determination of Industry Support for the Petition''
below.
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is January 1, 2011, through December
31, 2011.
Scope of the Investigations
The products covered by these investigations are certain frozen
warmwater shrimp (``frozen shrimp'') from China, Ecuador, India,
Indonesia, Malaysia, Thailand, and Vietnam. For a full description of
the scope of each of these investigations, please see the ``Scope of
the Investigations'' in Appendix I to this notice.
Comments on Scope of Investigations
During our review of the Petitions, the Department had discussions
pertaining to the proposed scope with the petitioner to ensure that the
scope language in the Petitions was an accurate reflection of the
products for which the domestic industry is seeking relief. The
petitioner determined the proposed scope should be clarified, and it
filed a modification to the language of the scope described in the
Petitions to reflect those clarifications.\4\ Moreover, as discussed in
the preamble to the regulations,\5\ we are setting aside a period of
time for interested parties to raise issues regarding product coverage.
This period for scope comments is intended to provide the Department
with ample opportunity to consider all issues and to consult with
parties prior to the issuance of the preliminary determinations. The
Department encourages interested parties to submit such comments by
5:00 p.m. EST on Wednesday, February 6, 2013, which is 20 calendar days
from the signature date of this notice.
---------------------------------------------------------------------------
\4\ See Certain Frozen Warmwater Shrimp from China, Ecuador,
India, Indonesia, Malaysia, Thailand, and Vietnam--Petitioner's
Response To The Department's January 4, 2013 Supplemental Questions
to the Petition, dated January 9, 2013 at Exhibit I-SQ-3.
\5\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
---------------------------------------------------------------------------
Filing Requirements
All submissions to the Department must be filed electronically
using Import Administration's Antidumping and Countervailing Duty
Centralized Electronic Service System (``IA ACCESS''). An
electronically filed document must be received successfully in its
entirety by the Department's
[[Page 5417]]
electronic records system, IA ACCESS, by the time and date set by the
Department. Documents excepted from the electronic submission
requirements must be filed manually (i.e., in paper form) with the
Import Administration's APO/Dockets Unit, Room 1870, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230, and stamped with the date and time of receipt by the deadline
established by the Department.\6\
---------------------------------------------------------------------------
\6\ See https://www.gpo.gov/fdsys/pkg/FR-2011-07-06/pdf/2011-16352.pdf for details of the Department's Electronic Filing
Requirements, which went into effect on August 5, 2011. Information
on help using IA ACCESS can be found at https://iaaccess.trade.gov/help.aspx and a handbook can be found at https://iaaccess.trade.gov/help/Handbook%20on%20Electronic%20Filing%20Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to section 702(b)(4)(A)(ii) of the Act, the Department
invited representatives of the Governments of China, Ecuador, India,
Indonesia, Malaysia, Thailand, and Vietnam for consultations with
respect to the Petitions.
Consultations were held with the government of China via
teleconference on January 10, 2013.\7\ Consultations were held in
Washington, DC, with the Royal Thai Government on January 11, 2013; \8\
with the governments of India, Indonesia, and Malaysia on January 14,
2013; \9\ with the government of Vietnam on January 15, 2013; \10\ and
with the government of Ecuador on January 16, 2013.\11\ All memoranda
are on file electronically via IA ACCESS. Access to IA ACCESS is
available in the Central Records Unit (``CRU''), Room 7046, of the main
Department of Commerce Building.
---------------------------------------------------------------------------
\7\ See Ex-Parte Memorandum, ``Consultations with Officials from
the Government of the PRC'' (January 14, 2013).
\8\ See Ex-Parte Memorandum, ``Consultations with Officials from
the Royal Thai Government on the Countervailing Duty Petition
regarding Frozen Warmwater Shrimp'' (January 11, 2013) (``Thailand
Consultation Memorandum'').
\9\ See Ex-Parte Memorandum, ``Consultations with Officials from
the Government of India (``GOI'') on the Countervailing Duty
Petition on Certain Frozen Warmwater Shrimp from India'' (January
17, 2013) (``India Consultation Memorandum''), Ex-Parte Memorandum,
``Consultations with the Officials from the Government of the
Republic of Indonesia on the Countervailing Duty Petition regarding
Frozen Warmwater Shrimp'' (January 15, 2013), and Ex-Parte
Memorandum, ``Consultations with Officials from the Government of
the Malaysia,'' (January 15, 2013), respectively.
\10\ See Ex-Parte Memorandum, ``Consultations with Officials
from the Government of Vietnam on the Countervailing Duty Petition
on Certain Frozen Warmwater Shrimp from Vietnam'' (January 17, 2013)
(``Vietnam Consultation Memorandum'').
\11\ See Ex-Parte Memorandum, ``Consultations with Officials
from the Government of Ecuador (``GOE'') on the Countervailing Duty
Petition on Certain Frozen Warmwater Shrimp from Ecuador,'' (January
16, 2013).
---------------------------------------------------------------------------
Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) Poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the industry.
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission
(``ITC''), which is responsible for determining whether ``the domestic
industry'' has been injured, must also determine what constitutes a
domestic like product in order to define the industry. While both the
Department and the ITC must apply the same statutory definition
regarding the domestic like product (see section 771(10) of the Act),
they do so for different purposes and pursuant to a separate and
distinct authority. In addition, the Department's determination is
subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\12\
---------------------------------------------------------------------------
\12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of domestic like product distinct from the scope of
the investigations. Based on our analysis of the information submitted
on the record, we have determined that certain frozen warmwater shrimp,
as defined in the scope of the investigations, constitutes a single
domestic like product and we have analyzed industry support in terms of
that domestic like product.\13\
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\13\ For a discussion of the domestic like product analysis in
these cases, see ``Countervailing Duty Investigation Initiation
Checklist: Certain Frozen Warmwater Shrimp from the People's
Republic of China'' (``China Initiation Checklist''), at Attachment
II, Analysis of Industry Support for the Petitions Covering Certain
Frozen Warmwater Shrimp from the People's Republic of China,
Ecuador, India, Indonesia, Malaysia, Thailand, and Vietnam
(``Attachment II''); ``Countervailing Duty Investigation Initiation
Checklist: Certain Frozen Warmwater Shrimp from Ecuador'' (``Ecuador
Initiation Checklist''), at Attachment II; ``Countervailing Duty
Investigation Initiation Checklist: Certain Frozen Warmwater Shrimp
from India'' (``India Initiation Checklist''), at Attachment II;
``Countervailing Duty Investigation Initiation Checklist: Certain
Frozen Warmwater Shrimp from Indonesia'' (``Indonesia Initiation
Checklist''), at Attachment II; ``Countervailing Duty Investigation
Initiation Checklist: Certain Frozen Warmwater Shrimp from
Malaysia'' (``Malaysia Initiation Checklist''), at Attachment II;
``Countervailing Duty Investigation Initiation Checklist: Certain
Frozen Warmwater Shrimp from Thailand'' (``Thailand Initiation
Checklist''), at Attachment II; ``Countervailing Duty Investigation
Initiation Checklist: Certain Frozen Warmwater Shrimp from Vietnam''
(``Vietnam Initiation Checklist''), at Attachment II. These
checklists are on file via IA ACCESS.
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In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations'' section above. To
establish industry support, the petitioner provided its production of
the domestic like product in 2011 and compared this to the total
production of the domestic like product by the entire domestic
industry.\14\ The petitioner calculated total 2011 production of the
domestic like product based on data on the volume of frozen shrimp
produced in the United States in 2011 from the
[[Page 5418]]
National Oceanic and Atmospheric Administration (``NOAA''). The
Department contacted NOAA officials with respect to these data on
January 11, 2013, to learn the means by which NOAA derived these
production amounts.\15\ The petitioner noted in the Petitions that the
data from NOAA included both warmwater and coldwater frozen shrimp
processed in 2011. To adjust the NOAA data to reflect only the
processing of warmwater shrimp, the petitioner used data on landings of
coldwater shrimp from the National Marine Fisheries Service, a division
of NOAA. The petitioner explained that this is the same methodology and
data used by the Department in prior antidumping investigations on
frozen warmwater shrimp.\16\ We contacted NOAA with respect to the data
relied upon by the petitioner, and are satisfied with the quality and
accuracy of that data. However, during our communications with NOAA,
NOAA provided us with updated 2011 figures. Accordingly, we have relied
upon the updated NOAA data for purposes of measuring industry
support.\17\
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\14\ See Volume I of the Petitions, at I-6, I-7, and Exhibits I-
5 through I-7 and I-21; see also the petitioner's January 9, 2013,
``Response To The Department's January 4, 2013 Supplemental
Questions to the Petition,'' at 2-6 and Exhibits I-SQ-4 through I-
SQ-11.
\15\ See Memorandum to the File from Vicki Flynn, Office of
Policy, Regarding National Oceanic and Atmospheric Administration
Statistics (January 11, 2013).
\16\ See Volume I of the Petitions, at I-6, I-7, and Exhibit I-4
(which contains the ``AD Investigation Initiation Checklist: Certain
Frozen and Canned Warmwater Shrimp from Thailand'' (Public Version)
(January 20, 2004)).
\17\ For further discussion, see Memorandum to the File,
``National Oceanic and Atmospheric Administration (``NOAA'')
Statistics,'' (January 15, 2013).
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On January 11, 2013, the Government of Thailand raised concerns
about industry support during its consultations with the
Department.\18\ On January 14, 2013, the Government of India (``GOI'')
also raised concerns about industry support during its consultations
with the Department.\19\ The GOI reiterated those same concerns in a
letter filed on January 16, 2013.\20\ On January 14, 2013, Marine Gold
Products Limited, Thai Union Frozen Products Public Co., Ltd., Thai
Union Seafood Co., Ltd., Pakfood Public Company Limited, and Thai Royal
Frozen Food Co., Ltd. (collectively, ``Thai Exporters''), self-
identified foreign producers and exporters of subject merchandise, also
filed a submission challenging industry support. On January 15, 2013,
the Government of Vietnam commented on industry support during its
consultations with the Department.\21\ On January 15, 2013, the
petitioner filed a response to the Thai Exporters' industry support
challenge. On January 16, 2013, the Seafood Exports Association of
India, an association of foreign producers and exporters of subject
merchandise, also filed a submission challenging industry support. On
January 17, 2013, the petitioner filed a response to the GOI's
letter.\22\
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\18\ See Thailand Consultation Memorandum.
\19\ See India Consultation Memorandum.
\20\ See Letter from the GOI dated January 16, 2013, ``Petition
filed by the Coalition of Gulf Shrimp Industries on 28 December 2012
seeking initiation of a countervailing duty investigation against
imports of Certain Frozen Warmwater Shrimp from, inter alia,
India.''
\21\ See Vietnam Consultation Memorandum.
\22\ For further discussion of these submissions, see China
Initiation Checklist, Ecuador Initiation Checklist, India Initiation
Checklist, Indonesia Initiation Checklist, Malaysia Initiation
Checklist, Thailand Initiation Checklist, and Vietnam Initiation
Checklist, at Attachment II.
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Based on information provided in the Petitions, supplemental
submissions, and other information readily available to the Department,
we determine that the petitioner has met the statutory criteria for
industry support under section 702(c)(4)(A)(i) of the Act because the
domestic producers (or workers) who support the Petitions account for
at least 25 percent of the total production of the domestic like
product.\23\ Based on information provided in the Petitions and
supplemental submissions, the domestic producers and workers have met
the statutory criteria for industry support under section
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers)
who support the Petitions account for more than 50 percent of the
production of the domestic like product produced by that portion of the
industry expressing support for, or opposition to, the Petitions.
Accordingly, the Department determines that the Petitions were filed on
behalf of the domestic industry within the meaning of section 702(b)(1)
of the Act.\24\
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\23\ See China Initiation Checklist, Ecuador Initiation
Checklist, India Initiation Checklist, Indonesia Initiation
Checklist, Malaysia Initiation Checklist, Thailand Initiation
Checklist, and Vietnam Initiation Checklist, at Attachment II.
\24\ See id.
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The Department finds that the petitioner filed the Petitions on
behalf of the domestic industry because it is an interested party as
defined in section 771(9)(E) of the Act and it has demonstrated
sufficient industry support, pursuant to section 771(4)(E) of the Act,
with respect to the CVD investigations that it is requesting the
Department initiate.\25\
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\25\ See id.
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Injury Test
Because China, Ecuador, India, Indonesia, Malaysia, Thailand, and
Vietnam are ``Subsidies Agreement Countries'' within the meaning of
section 701(b) of the Act, section 701(a)(2) of the Act applies to
these investigations. Accordingly, the ITC must determine whether
imports of the subject merchandise from China, Ecuador, India,
Indonesia, Malaysia, Thailand, and Vietnam materially injure, or
threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. The petitioner alleges that
subject imports from China and Vietnam exceed the negligibility
threshold provided for under section 771(24)(A) of the Act. In
addition, the petitioner alleges that subject imports from Ecuador,
India, Indonesia, Malaysia, and Thailand exceed the negligibility
threshold provided for under section 771(24)(B) of the Act, which
states that in countervailing duty petitions, imports of subject
merchandise from developing countries must exceed the negligibility
threshold of 4 percent.
The petitioner contends that the industry's injured condition is
illustrated by reduced market share; underselling and price depression
or suppression; lost sales and revenue; reduced shipments and
production; increased inventories; decline in financial performance;
and reduction in employment data and wages paid.\26\ We have assessed
the allegations and supporting evidence regarding material injury,
threat of material injury, and causation, and we have determined that
these allegations are properly supported by adequate evidence and meet
the statutory requirements for initiation.\27\
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\26\ See Volume I of the Petitions, at I-11 through I-57 and
Exhibits I-11, I-13 through I-32, and General Issues Supplement, at
1, 6-7 and Exhibits I-SQ-1, I-SQ-2, I-SQ-12, and I-SQ-13.
\27\ See China Initiation Checklist, Ecuador Initiation
Checklist, India Initiation Checklist, Indonesia Initiation
Checklist, Malaysia Initiation Checklist, Thailand Initiation
Checklist, and Vietnam Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Petitions Covering Certain Frozen Warmwater Shrimp
from the People's Republic of China, Ecuador, India, Indonesia,
Malaysia, Thailand, and the Socialist Republic of Vietnam.
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[[Page 5419]]
Initiation of Countervailing Duty Investigations
Section 702(b)(1) of the Act requires the Department to initiate a
CVD investigation whenever an interested party files a CVD petition on
behalf of an industry that: (1) alleges the elements necessary for an
imposition of a duty under section 701(a) of the Act; and (2) is
accompanied by information reasonably available to the petitioner
supporting the allegations.
In the Petitions, the petitioner alleges that producers of frozen
shrimp in China, Ecuador, India, Indonesia, Malaysia, Thailand and
Vietnam benefited from countervailable subsidies bestowed by their
respective governments. In addition to subsidies allegedly provided to
processors of frozen shrimp, the Petitions include subsidies allegedly
provided to producers of fresh shrimp. According to the petitioner, the
producers of frozen shrimp often have their own integrated aquaculture
operations or are cross-owned with farming operations that supply fresh
shrimp.\28\ In these situations, the petitioner states that subsidies
tied to the production of fresh shrimp will be attributed to the
processed product, citing 19 CFR 351.525(b)(5)(ii) and
351.525(b)(6)(iv). (With respect to cross-owned suppliers of fresh
shrimp and the requirements of 19 CFR 351.525(b)(6)(iv), the petitioner
points to the ITC's finding that fresh shrimp is overwhelmingly used to
produce frozen shrimp \29\ in support of its claim that fresh shrimp is
``primarily dedicated'' to the frozen product.)
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\28\ The petitioner has provided supporting information for
these claims in each of the petitions. For a full discussion, see
the Initiation Checklist for each country.
\29\ U.S. International Trade Commission, Frozen Warmwater
Shrimp from Brazil, China, India, Thailand, and Vietnam, Inv. Nos.
731-TA-1063, 1064, 1066-1068 (Review), USITC Pub. 4221 (March 2011)
(Shrimp AD Sunset) at 6.
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Alternatively, the petitioner claims that the Department should
investigate subsidies to producers of fresh shrimp and deem such
subsidies to be provided with respect to the frozen product under
section 771B of the Act, which addresses processed agricultural
products (including fishery products). In support, the petitioner
claims that: (i) The demand for fresh shrimp is substantially dependent
on the demand for frozen shrimp and (ii) the processing of the fresh
shrimp into frozen shrimp adds limited value and the essential
character of the raw product is not changed. In support, the petitioner
refers to the above-cited finding by the ITC and to its finding that
processing adds 19-24 percent of the final value.\30\ According to the
petitioner, the Department has previously found this level of value
added to be limited.\31\ Moreover, the petitioner states that the
essential character of the fresh shrimp is not changed with processing.
Based on the petitioner's allegation in each of the Petitions regarding
the relationship between fresh and frozen shrimp, the Department is
including in its investigations programs that allegedly provide
subsidies to producers of fresh shrimp as well as programs that
allegedly provide subsidies to producers of frozen shrimp.
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\30\ Shrimp AD Sunset at Table III-11.
\31\ The petitioner cites, Rice From Thailand; Final Results of
Countervailing Duty Administrative Review, 56 FR 68, 69 (January 2,
1991) and Final Affirmative Countervailing Duty Determination:
Fresh, Chilled, and Frozen Pork from Canada, 54 FR 30774, 30775
(July 24, 1989).
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The Department has examined the Petitions on frozen shrimp from
China, Ecuador, India, Indonesia, Malaysia, Thailand and Vietnam and
finds that they comply with the requirements of section 702(b)(1) of
the Act. Therefore, in accordance with section 702(b)(1) of the Act, we
are initiating CVD investigations to determine whether manufacturers,
producers, or exporters of frozen shrimp from the China, Ecuador,
India, Indonesia, Malaysia, Thailand and Vietnam receive
countervailable subsidies.
The People's Republic of China
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation of 25 alleged
programs. For the other five programs, we have determined that the
requirements for initiation have not been met. For a full discussion of
the basis for our decision to initiate or not initiate on each program,
see China Initiation Checklist.
Ecuador
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation of seven alleged
programs. For the other two programs, we have determined that the
requirements for initiation have not been met. For a full discussion of
the basis for our decision to initiate or not initiate on each program,
see Ecuador Initiation Checklist.
India
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation of 21 alleged
programs. For one other program, we find that there is sufficient
evidence to initiate on part of the allegation but that there is not
sufficient evidence to initiate on another part of the allegation. For
one program, we have determined that the requirements for initiation
have not been met. For a full discussion of the basis for our decision
to initiate or not initiate on each program, see India Initiation
Checklist.
Indonesia
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation of 14 alleged
programs. The petitioner also made a sufficient allegation of debt
forgiveness and uncreditworthiness regarding a certain Indonesian
producer/exporter of subject merchandise. We intend to investigate
these allegations if this company is selected as a mandatory company
respondent in the investigation. For one program, we have determined
that the requirements for initiation have not been met. For a full
discussion of the basis for our decision to initiate or not initiate on
each program, see Indonesia Initiation Checklist.
Malaysia
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation of 16 alleged
programs. For the other two programs, we have determined that the
requirements for initiation have not been met. For a full discussion of
the basis for our decision to initiate or not initiate on each program,
see Malaysia Initiation Checklist.
Thailand
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation of 12 alleged
programs. For the other three programs, we have determined that the
requirements for initiation have not been met. For a full discussion of
the basis for our decision to initiate or not initiate on each program,
see Thailand Initiation Checklist.
Vietnam
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation of 20 alleged
programs. For two programs, we have determined that the requirements
for initiation have not been met. For a full discussion of the basis
for our decision to initiate or not initiate on each program, see
Vietnam Initiation Checklist.
[[Page 5420]]
A public version of the initiation checklists for each
investigation is available at https://ia.ita.doc.gov/ia-highlights-and-news.html).
Respondent Selection
For these investigations, the Department expects to select
respondents based on U.S. Customs and Border Protection (CBP) data for
U.S. imports of subject merchandise during the period of investigation
under the following Harmonized Tariff Schedule of the United States
(HTSUS) numbers: 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.
We intend to release the CBP data under Administrative Protective
Order (APO) to all parties with access to information protected by APO
shortly after the announcement of these case initiations. Interested
parties may submit comments regarding the CBP data and respondent
selection within seven calendar days of publication of this notice.
Comments must be filed electronically using IA ACCESS. 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 by the date noted above. Documents excepted from the
electronic submission requirements must be filed manually (i.e., in
paper form) with the Import Administration's APO/Dockets Unit, Room
1870, U.S. Department of Commerce, 14th Street and Constitution Avenue
NW., Washington, DC 20230, and stamped with the date and time of
receipt by the deadline noted above. We intend to make our decision
regarding respondent selection within 20 days of publication of this
Federal Register notice. Interested parties must submit applications
for disclosure under APO in accordance with 19 CFR 351.305(b).
Instructions for filing such applications may be found on the
Department's Web site at https://ia.ita.doc.gov/apo.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the representatives of the Governments of China, Ecuador,
India, Indonesia, Malaysia, Thailand, and Vietnam. Because of the
particularly large number of producers/exporters identified in the
Petitions, the Department considers the service of the public version
of the Petitions to the foreign producers/exporters satisfied by the
delivery of the public versions of the Petitions to the Governments of
China, Ecuador, India, Indonesia, Malaysia, Thailand, and Vietnam,
consistent with 19 CFR 351.203(c)(2).
ITC Notification
We have notified the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of subsidized frozen shrimp from China,
Ecuador, India, Indonesia, Malaysia, Thailand, and Vietnam are
materially injuring, or threatening material injury to, a U.S.
industry.\32\ Negative ITC determinations with respect to any country
will result in the investigation being terminated for that country;
otherwise, these investigations will proceed according to statutory and
regulatory time limits.
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\32\ See section 703(a)(2) of the Act.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
protective orders in accordance with 19 CFR 351.305. On January 22,
2008, the Department published Antidumping and Countervailing Duty
Proceedings: Documents Submission Procedures; APO Procedures, 73 FR
3634. Parties wishing to participate in this investigation should
ensure that they meet the requirements of these procedures (e.g., the
filing of letters of appearance as discussed at 19 CFR 351.103(d)).
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\33\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials, as well as their
representatives, in all segments of any AD or CVD proceedings initiated
on or after March 14, 2011.\34\ The formats for the revised
certifications are provided at the end of the Interim Final Rule.
Foreign governments and their officials may continue to submit
certifications in either the format that was in use prior to the
effective date of the Interim Final Rule, or in the format provided in
the Interim Final Rule.\35\ The Department intends to reject factual
information submissions if the submitting party does not comply with
the revised certification requirements.
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\33\ See section 782(b) of the Act.
\34\ See Certification of Factual Information for Import
Administration during Antidumping and Countervailing Duty
Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011)
(Interim Final Rule), amending 19 CFR 351.303(g)(1) and (2).
\35\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings: Supplemental Interim Final Rule, 76 FR 54697 (September
2, 2011).
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This notice is issued and published pursuant to section 777(i) of
the Act.
Dated: January 17, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
Scope of the Investigations
The scope of these investigations is 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,\36\ deveined or not deveined, cooked or
raw, or otherwise processed in frozen form, regardless of size.
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\36\ ``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, 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. In addition, food preparations
(including dusted shrimp), which are not ``prepared meals,'' that
contain more than 20 percent by weight of shrimp or prawn are also
included in the scope.
Excluded from the scope are: (1) Breaded shrimp and prawns; (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;
(4) shrimp and prawns in prepared meals; (5) dried shrimp and
prawns; (6)
[[Page 5421]]
canned warmwater shrimp and prawns; and (7) certain ``battered
shrimp'' (see below).
``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 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. 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 included in the scope of these investigations 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 is dispositive.
[FR Doc. 2013-01579 Filed 1-24-13; 8:45 am]
BILLING CODE 3510-DS-P
