Certain Frozen Warmwater Shrimp From Ecuador: Preliminary Negative Countervailing Duty Determination, 33347-33349 [2013-13235]

Download as PDF Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Notices 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. In accordance with section 703(d)(1)(A)(i) of the Act, we calculated a countervailing duty rate for each individually investigated producer/ exporter of the subject merchandise. For companies not individually investigated, we have calculated an all others rate as described in the Preliminary Decision Memorandum. Preliminary Determination and Suspension of Liquidation We preliminarily determine the countervailable subsidy rates to be: Subsidy rate (percent) Company tkelley on DSK3SPTVN1PROD with NOTICES Zhanjiang Guolian Aquatic Products, Co., Ltd. (Guolian), Zhanjiang Guolian Feed Co., Ltd. (Guolian Feed), Zhanjiang Guolian Aquatic Fry Technology Co., Ltd. (Guolian Fry), Zhanjiang Guotong Aquatic Co., Ltd. (Guotong) (collectively, the Guolian Companies) ......... All Others ................ 5.76 5.76 In accordance with sections 703(d)(1)(B) and (2) of the Act, we are directing U.S. Customs and Border Protection to suspend liquidation of all entries of frozen shrimp from the PRC that are entered, or withdrawn from warehouse, for consumption on or after the date of the publication of this notice in the Federal Register, and to require a cash deposit for such entries of the Countervailing Duty Investigation of Certain Frozen Warmwater Shrimp from the People’s Republic of China,’’ dated concurrently with this notice (Preliminary Decision Memorandum). VerDate Mar<15>2010 18:33 Jun 03, 2013 Jkt 229001 merchandise in the amounts indicated above. 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 public announcement of this determination.2 Interested parties may submit case and rebuttals briefs.3 For a schedule of the deadlines for filing case briefs, rebuttal briefs, and hearing request, see the Preliminary Determination Memorandum. 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,4 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. 2 See 19 CFR 351.224(b). 19 CFR 351.309. 4 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. 3 See PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 33347 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. Use of Facts Otherwise Available and Adverse Inferences 6. Analysis of Programs 7. Calculation of the All Others Rate 8. Disclosure and Public Comment 9. Verification [FR Doc. 2013–13231 Filed 6–3–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–331–803] Certain Frozen Warmwater Shrimp From Ecuador: Preliminary Negative Countervailing Duty Determination Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) preliminarily determines that countervailable AGENCY: E:\FR\FM\04JNN1.SGM 04JNN1 33348 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Notices subsidies are not being provided to producers and exporters of certain frozen warmwater shrimp from Ecuador. 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: Joshua Morris or Austin Redington, AD/ CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1779 and (202) 482–1664, 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, shellon 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. tkelley on DSK3SPTVN1PROD with NOTICES 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, which is hereby adopted by this notice.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 1 See Memorandum from Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration regarding ‘‘Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Certain Frozen Warmwater Shrimp from Ecuador,’’ dated concurrently with this notice (‘‘Preliminary Decision Memorandum’’). VerDate Mar<15>2010 18:33 Jun 03, 2013 Jkt 229001 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. We 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 determine that no countervailable subsides are being provided to the production or exportation of the subject merchandise in Ecuador. For companies not individually investigated, we have calculated an average rate as described in the Preliminary Decision Memorandum. 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. Preliminary Determination and Suspension of Liquidation We preliminarily determine the countervailable subsidy rates to be: Subsidy rate (percent) Company Promarisco S.A. .................... Sociedad Nacional de Galapagos C.A. ........................ All Others .............................. * 0.39 * 0.70 * 0.56 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 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 announcement 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. This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act. 2 See 3 See PO 00000 19 CFR 351.224(b). 19 CFR 351.309(c)–(d), 19 CFR 351.310(c). Frm 00024 Fmt 4703 Sfmt 4703 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,4 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) 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 4 and 10 percent of the product’s total weight after being dusted, but prior to 4 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. E:\FR\FM\04JNN1.SGM 04JNN1 33349 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Notices 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. Analysis of Programs 6. Disclosure and Public Comment 7. Verification [FR Doc. 2013–13235 Filed 6–3–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–560–825] Certain Frozen Warmwater Shrimp From Indonesia: Negative Preliminary Countervailing Duty Determination 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. tkelley on DSK3SPTVN1PROD with NOTICES AGENCY: VerDate Mar<15>2010 18:33 Jun 03, 2013 Jkt 229001 Negative Preliminary Determination and Suspension of Liquidation 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, shellon 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. 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. 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). PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 We preliminarily determine the countervailable subsidy rates to be the following: Company Subsidy rate (percent) PT. Central Pertiwi Bahari .... PT. Central Proteinaprima Tbk .................................... PT. First Marine Seafoods ... PT. Khom Foods .................. All Others .............................. * 0.81 * 1.22 * 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. 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. 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 2 See 19 CFR 351.224(b). 19 CFR 351.309(c)–(d), 19 CFR 351.310(c). 1 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. 3 See E:\FR\FM\04JNN1.SGM 04JNN1

Agencies

[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Notices]
[Pages 33347-33349]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13235]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-331-803]


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

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

SUMMARY: The Department of Commerce (``the Department'') preliminarily 
determines that countervailable

[[Page 33348]]

subsidies are not being provided to producers and exporters of certain 
frozen warmwater shrimp from Ecuador. 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: Joshua Morris or Austin Redington, 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-
1779 and (202) 482-1664, 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, which is hereby adopted by 
this notice.\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.
---------------------------------------------------------------------------

    \1\ See Memorandum from Gary Taverman, Senior Advisor for 
Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Import Administration 
regarding ``Decision Memorandum for the Preliminary Determination in 
the Countervailing Duty Investigation of Certain Frozen Warmwater 
Shrimp from Ecuador,'' dated concurrently with this notice 
(``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------

    We 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 determine that no countervailable subsides are being 
provided to the production or exportation of the subject merchandise in 
Ecuador. For companies not individually investigated, we have 
calculated an average rate as described in the Preliminary Decision 
Memorandum. 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.

Preliminary Determination and Suspension of Liquidation

    We preliminarily determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Promarisco S.A..........................................          * 0.39
Sociedad Nacional de Galapagos C.A......................          * 0.70
All Others..............................................          * 0.56
------------------------------------------------------------------------
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 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 announcement 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.
---------------------------------------------------------------------------

    \2\ See 19 CFR 351.224(b).
    \3\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
---------------------------------------------------------------------------

    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,\4\ deveined or not 
deveined, cooked or raw, or otherwise processed in frozen form, 
regardless of size.
---------------------------------------------------------------------------

    \4\ ``Tails'' in this context means the tail fan, which includes 
the telson and the uropods.
---------------------------------------------------------------------------

    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) 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 4 and 
10 percent of the product's total weight after being dusted, but 
prior to

[[Page 33349]]

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. Analysis of Programs
6. Disclosure and Public Comment
7. Verification

[FR Doc. 2013-13235 Filed 6-3-13; 8:45 am]
BILLING CODE 3510-DS-P
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