Certain Frozen Warmwater Shrimp From Indonesia: Negative Preliminary Countervailing Duty Determination, 33349-33350 [2013-13234]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Notices]
[Pages 33349-33350]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13234]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-560-825]


Certain Frozen Warmwater Shrimp From Indonesia: Negative 
Preliminary Countervailing Duty Determination

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are not being provided to 
producers and exporters of certain frozen warmwater shrimp (frozen 
shrimp) from Indonesia. The period of investigation is January 1, 2011, 
through December 31, 2011. Pursuant to section 705(a)(1) of the Tariff 
Act of 1930, as amended (the Act), the final determination will be 
issued 75 days after the date that the Department makes this 
preliminary determination.

DATES: Effective Date: June 4, 2013

FOR FURTHER INFORMATION CONTACT: Gene Calvert, Jun Jack Zhao, or Emily 
Halle, 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-
3586, (202) 482-1396, or (202) 482-0176, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Investigation

    The products covered by this investigation are 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, deveined or not deveined, cooked or raw, 
or otherwise processed in frozen form, regardless of size. For a 
complete description of the scope of the investigation, see Appendix 1 
to this notice.

Methodology

    The Department is conducting this countervailing duty (CVD) 
investigation in accordance with section 701 of the Act. For a full 
description of the methodology underlying our preliminary conclusions, 
see the Preliminary Decision Memorandum.\1\ The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Import Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (IA ACCESS). IA ACCESS is available to 
registered users at https://iaaccess.trade.gov, and is available to all 
parties in the Central Records Unit, room 7046 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
Internet at https://www.trade.gov/ia/. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.
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    \1\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Import 
Administration regarding ``Negative Preliminary Determination in the 
Countervailing Duty Investigation of Certain Frozen Warmwater Shrimp 
from the Republic of Indonesia,'' dated concurrently with this 
notice (Preliminary Decision Memorandum).
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    We have calculated de minimis CVD rates for each individually 
investigated producer/exporter of the subject merchandise. Consistent 
with section 703(b)(4)(A) of the Act, we have disregarded these rates 
and preliminarily determined that no countervailable subsides are being 
provided to the production or exportation of the subject merchandise in 
Indonesia. The ``all others'' rate is also de minimis. Consequently, 
consistent with section 703(b)(4)(A) of the Act, we similarly have 
disregarded this rate.

Negative Preliminary Determination and Suspension of Liquidation

    We preliminarily determine the countervailable subsidy rates to be 
the following:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
PT. Central Pertiwi Bahari..............................          * 0.81
PT. Central Proteinaprima Tbk...........................
PT. First Marine Seafoods...............................          * 1.22
PT. Khom Foods..........................................
All Others..............................................          * 0.99
------------------------------------------------------------------------
* De minimis.

    Because we have preliminarily determined that the CVD rates in this 
investigation are de minimis, we will not direct U.S. Customs and 
Border Protection to suspend liquidation of entries of the subject 
merchandise.

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination within five days of its public announcement.\2\ 
Interested parties may submit case and rebuttal briefs, as well as 
request a hearing.\3\ For a schedule of the deadlines for filing case 
briefs, rebuttal briefs, and hearing requests, see the Preliminary 
Decision Memorandum.
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    \2\ See 19 CFR 351.224(b).
    \3\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
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    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act.

    Dated: May 28, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix 1

Scope of the Investigation

    The products covered by this investigation are 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,\1\ deveined or not 
deveined, cooked or raw, or otherwise processed in frozen form, 
regardless of size.
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    \1\ ``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

[[Page 33350]]

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) 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 this investigation 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.

Appendix 2

List of Topics Discussed in the Preliminary Decision Memorandum

1. Scope Comments
2. Scope of the Investigation
3. Injury Test
4. Subsidies Valuation
5. Voluntary Respondents
6. Use of Facts Otherwise Available and Adverse Inferences
7. Analysis of Programs
8. ITC Notification
9. Disclosure and Public Comment
10. Verification

[FR Doc. 2013-13234 Filed 6-3-13; 8:45 am]
BILLING CODE 3510-DS-P