Frozen Warmwater Shrimp from China, Ecuador, India, Indonesia, Malaysia, Thailand, and Vietnam Scheduling of the Final Phase of Countervailing Duty Investigations, 35643-35645 [2013-14010]

Download as PDF tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Notices Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or section 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (‘‘Docket No. 2959’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic VerDate Mar<15>2010 16:58 Jun 12, 2013 Jkt 229001 Filing Procedures 4). Persons with questions regarding filing should contact the Secretary (202–205–2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS 5. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: June 7, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–14003 Filed 6–12–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–491–497 (Final)] Frozen Warmwater Shrimp from China, Ecuador, India, Indonesia, Malaysia, Thailand, and Vietnam Scheduling of the Final Phase of Countervailing Duty Investigations United States International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: The Commission hereby gives notice of the scheduling of the final phase of countervailing duty investigation Nos. 701–TA–491–497 (Final) under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)) (the Act) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of subsidized imports from China, Ecuador, India, Indonesia, Malaysia, Thailand, and Vietnam of frozen warmwater shrimp, provided for in subheadings 0306.17.00, 1605.21.10 and 4 Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/ rules/handbook_on_electronic_filing.pdf. 5 Electronic Document Information System (EDIS): http://edis.usitc.gov. PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 35643 1605.29.10 of the Harmonized Tariff Schedule of the United States, that are preliminarily found to be subsidized by the Governments of China, India, Malaysia, Thailand, and Vietnam and that are alleged to be subsidized by the Governments of Ecuador and Indonesia.1 2 1 The Department of Commerce preliminarily determined that imports of frozen warmwater shrimp from Ecuador and Indonesia are not being and are not likely to be subsidized by the Government of Ecuador or the Government of Indonesia. 2 For purposes of these investigations, the Department of Commerce has defined the subject merchandise as ‘‘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. ‘‘The frozen warmwater shrimp and prawn products included 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 wildcaught 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.’ ‘‘‘Battered shrimp’ is a shrimp-based product: (1) That is produced from fresh (or thawed-fromfrozen) 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 E:\FR\FM\13JNN1.SGM Continued 13JNN1 35644 Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Notices tkelley on DSK3SPTVN1PROD with NOTICES For further information concerning the conduct of the final phase of these investigations, hearing procedures, and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). DATES: Effective Date: June 4, 2013. FOR FURTHER INFORMATION CONTACT: Edward Petronzio (202–205–3176), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (http:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—The final phase of these investigations is being scheduled as a result of affirmative preliminary determinations by the Department of Commerce that certain benefits which constitute subsidies within the meaning of section 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in China, India, Malaysia, Thailand, and Vietnam of frozen warmwater shrimp.3 These investigations are being instituted in response to a petition filed on December 28, 2012, by the Coalition of Gulf Shrimp Industries, Biloxi, MS. Participation in the investigations and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in 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.’’ 3 The Department of Commerce preliminarily determined that imports of frozen warmwater shrimp from Ecuador and Indonesia are not being and are not likely to be subsidized by the Government of Ecuador or the Government of Indonesia. VerDate Mar<15>2010 16:58 Jun 12, 2013 Jkt 229001 section 201.11 of the Commission’s rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to these investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on July 31, 2013, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on August 13, 2013, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before August 6, 2013. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on August 9, 2013, at the U.S. International Trade Commission Building. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.23 of the Commission’s rules; the deadline for filing is August 7, 2013. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission’s rules, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is August 20, 2013. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before August 20, 2013. On September 12, 2013, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before September 16, 2013, but such final comments must not contain new factual information and must otherwise comply with section 207.30 of the Commission’s rules. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. Please be aware that the Commission’s rules with respect to electronic filing have been amended. The amendments took effect on November 7, 2011. See 76 Fed. Reg. 61937 (Oct. 6, 2011) and the newly revised Commission’s Handbook on EFiling, available on the Commission’s Web site at http://edis.usitc.gov. Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. E:\FR\FM\13JNN1.SGM 13JNN1 Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Notices Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission’s rules. By order of the Commission. Issued: June 7, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–14010 Filed 6–12–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–792] Certain Static Random Access Memories and Products Containing Same; Commission Determination Affirming a Final Initial Determination Finding No Violation of Section 337; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. tkelley on DSK3SPTVN1PROD with NOTICES AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to affirm the initial determination issued by the presiding administrative law judge (‘‘ALJ’’) finding no violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, (‘‘section 337’’) in the above identified investigation. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–3042. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on July 28, 2011, based on a complaint filed by Cypress Semiconductor Corporation of San Jose, California VerDate Mar<15>2010 16:58 Jun 12, 2013 Jkt 229001 (‘‘Cypress’’). 76 FR 45295 (July 28, 2011). The complaint alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain static random access memories and products containing the same by reason of infringement of various claims of United States Patent Nos. 6,534,805; 6,651,134; 6,262,937 and 7,142,477. The notice of investigation named the following entities as respondents: GSI Technology, Inc. of Sunnyvale, California (‘‘GSI’’); Alcatel-Lucent of Paris, France (‘‘Alcatel-Lucent’’); Alcatel-Lucent USA, Inc. of Murray Hill, New Jersey (‘‘Alcatel-Lucent USA’’); Telefonaktiebolaget LM Ericsson of Stockholm, Sweden (‘‘Ericsson LM’’); Ericsson, Inc. of Plano, Texas (‘‘Ericsson’’); Motorola Solutions, Inc. of Schaumburg, Illinois (‘‘Motorola’’); Motorola Mobility, Inc. of Libertyville, Illinois (‘‘MMI’’); Arrow Electronics, Inc. of Melville, New York (‘‘Arrow’’); Nu Horizons Electronics Corp. of Melville, New York (‘‘Nu Horizons’’); Cisco Systems, Inc. of San Jose, California (‘‘Cisco’’); Hewlett Packard Company/Tipping Point of Palo Alto, California (‘‘HP’’); Avnet, Inc. of Phoenix, Arizona (‘‘Avnet’’); Nokia Siemens Networks US, LLC of Irving, Texas (‘‘Nokia US’’); Nokia Siemens Networks B.V. of Zoetermeer, Netherlands (‘‘Nokia’’); and Tellabs of Naperville, Illinois (‘‘Tellabs’’). The Office of Unfair Import Investigations is not a party to this investigation. The following respondents were terminated from the investigation based on settlement agreements, consent orders, or withdrawal of allegations from the complaint: Alcatel-Lucent, Alcatel-Lucent USA, Ericsson, Arrow, Nu Horizons, Nokia US, and Nokia. The following respondents were terminated from the investigation based upon grant of summary determination of no violation of section 337: MMI, HP, Motorola, Tellabs, and Ericsson LM. The following respondents remain in the investigation: GSI, Cisco, and Avnet (collectively, ‘‘Respondents’’). On October 25, 2012, the ALJ issued his final ID (‘‘ID’’), finding no violation of section 337 by the Respondents. Specifically, the ALJ found that the Commission has subject matter jurisdiction, in rem jurisdiction over the accused products, and in personam jurisdiction over the Respondents. The ALJ also found that the importation requirement of section 337 (19 U.S.C. 1337(a)(1)(B)) has been satisfied. The ALJ, however, found that the accused products do not infringe the asserted PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 35645 patent claims. The ALJ also found that Cypress failed to establish the existence of a domestic industry that practices the asserted patents under 19 U.S.C. 1337(a)(2) for failure to establish the technical prong of the domestic industry requirement. The ALJ did not consider the validity or enforceability of the asserted patents. On November 7, 2012, Cypress filed a petition for review of the ID. That same day, Respondents filed a contingent petition for review. On November 15, 2012, the parties filed responses to the petition and contingent petition for review. On December 21, 2012, the Commission determined to review the ID in its entirety and remanded the investigation to the ALJ to make findings on invalidity and unenforceability, issues litigated by the parties but not addressed in the final ID. On February 25, 2013, the ALJ issued his Remand ID (‘‘RID’’), finding that the asserted patents are enforceable and not invalid. On March 11, 2013, Respondents filed a petition for review of the RID, challenging the ALJ’s findings that the asserted patents are enforceable and not invalid. On March 19, 2013, Cypress filed a response to the petition for review. On April 26, 2013, the Commission determined to review the RID in part, i.e., with respect to invalidity. See 78 FR 25767 (May 2, 2013). The Commission declined Respondents’ request to take judicial notice of the on-going reexamination proceedings at the United States Patent and Trademark Office regarding the ’805 patent and admit filings in that case into evidence in this investigation. Having examined the record of this investigation, including the ALJ’s final ID and RID, the petitions for review, and the responses thereto, the Commission has determined to affirm the ALJ’s finding of no violation of section 337 with the modifications set forth in the Commission opinion issued herewith. Specifically, with respect to the ’805 patent, the Commission affirms the following findings: (1) Cypress failed to prove that the accused products infringe the asserted claims; (2) Cypress failed to establish the technical prong of the domestic industry requirement; and (3) Respondents failed to establish by clear and convincing evidence that U.S. Patent No. 6,677,649 to Osada et al. or U.S. Patent No. 6,445,041 to Ishida et al. anticipate the asserted claims. The Commission reverses the ALJ’s finding that the publication by Ishida, entitled ‘‘Novel 6T–SRAM Cell Technology Designed with Rectangular Patterns E:\FR\FM\13JNN1.SGM 13JNN1

Agencies

[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Notices]
[Pages 35643-35645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14010]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-491-497 (Final)]


Frozen Warmwater Shrimp from China, Ecuador, India, Indonesia, 
Malaysia, Thailand, and Vietnam Scheduling of the Final Phase of 
Countervailing Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of countervailing duty investigation Nos. 701-TA-491-497 
(Final) under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 
1671d(b)) (the Act) to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of subsidized imports from China, Ecuador, India, 
Indonesia, Malaysia, Thailand, and Vietnam of frozen warmwater shrimp, 
provided for in subheadings 0306.17.00, 1605.21.10 and 1605.29.10 of 
the Harmonized Tariff Schedule of the United States, that are 
preliminarily found to be subsidized by the Governments of China, 
India, Malaysia, Thailand, and Vietnam and that are alleged to be 
subsidized by the Governments of Ecuador and Indonesia.1 2
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    \1\ The Department of Commerce preliminarily determined that 
imports of frozen warmwater shrimp from Ecuador and Indonesia are 
not being and are not likely to be subsidized by the Government of 
Ecuador or the Government of Indonesia.
    \2\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as ``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.
    ``The frozen warmwater shrimp and prawn products included 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.'
    ```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.''

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[[Page 35644]]

    For further information concerning the conduct of the final phase 
of these investigations, hearing procedures, and rules of general 
application, consult the Commission's Rules of Practice and Procedure, 
part 201, subparts A through E (19 CFR part 201), and part 207, 
---------------------------------------------------------------------------
subparts A and C (19 CFR part 207).

DATES: Effective Date: June 4, 2013.

FOR FURTHER INFORMATION CONTACT: Edward Petronzio (202-205-3176), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (http://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--The final phase of these investigations is being 
scheduled as a result of affirmative preliminary determinations by the 
Department of Commerce that certain benefits which constitute subsidies 
within the meaning of section 703 of the Act (19 U.S.C. 1671b) are 
being provided to manufacturers, producers, or exporters in China, 
India, Malaysia, Thailand, and Vietnam of frozen warmwater shrimp.\3\ 
These investigations are being instituted in response to a petition 
filed on December 28, 2012, by the Coalition of Gulf Shrimp Industries, 
Biloxi, MS.
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    \3\ The Department of Commerce preliminarily determined that 
imports of frozen warmwater shrimp from Ecuador and Indonesia are 
not being and are not likely to be subsidized by the Government of 
Ecuador or the Government of Indonesia.
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    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to these investigations. A party granted 
access to BPI in the preliminary phase of the investigations need not 
reapply for such access. A separate service list will be maintained by 
the Secretary for those parties authorized to receive BPI under the 
APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on July 31, 
2013, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on August 
13, 2013, at the U.S. International Trade Commission Building. Requests 
to appear at the hearing should be filed in writing with the Secretary 
to the Commission on or before August 6, 2013. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on August 9, 2013, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by sections 201.6(b)(2), 201.13(f), and 
207.24 of the Commission's rules. Parties must submit any request to 
present a portion of their hearing testimony in camera no later than 7 
business days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is August 7, 2013. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is August 20, 2013. In addition, any person who has not entered 
an appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before August 20, 2013. On September 12, 2013, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before September 16, 2013, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. Please be aware that the Commission's rules 
with respect to electronic filing have been amended. The amendments 
took effect on November 7, 2011. See 76 Fed. Reg. 61937 (Oct. 6, 2011) 
and the newly revised Commission's Handbook on E-Filing, available on 
the Commission's Web site at http://edis.usitc.gov.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.


[[Page 35645]]


    Authority:  These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: June 7, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-14010 Filed 6-12-13; 8:45 am]
BILLING CODE 7020-02-P