Certain Frozen Warmwater Shrimp From the Republic of Indonesia: Final Negative Countervailing Duty Determination, 50383-50385 [2013-20164]

Download as PDF TKELLEY on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Notices Countervailable 1. Pioneer Status 2. Provision of Grants under the Economic Transformation Program (ETP)— Replicating Integrated Aquaculture Model (IZAQs) 3. Reinvestment Allowance B. Program Determined To Be Not Countervailable 1. Human Resource Development Fund C. Programs Determined To Not Exist 1. Provision of Leases and Land for Less Than Adequate Remuneration (LTAR) under the ETP—IZAQs 2. Provision of Infrastructure Under Entry Point Project #6 D. Program Determined To Be Terminated 1. 100% Allowance on Capital Expenditure for Approved Agricultural Projects E. Programs Determined To Be Not Used 1. Investment Tax Allowance 2. Infrastructure Allowance 3. Accelerated Capital Allowance 4. Tax Incentives for Approved Food Production Activities 5. Double Deduction for the Promotion of Exports 6. Export Credit Refinancing Program 7. Supplier Credit Facility 8. Buyer Credit Facility 9. Double Deductions for Export Credit Insurance Premiums 10. Tax Exemptions for Exporters in Free Trade Zones 11. Duty Exemptions for Exporters in Free Trade Zones 12. Provision of Seed and Fry for LTAR 13. Loans Under the Fund for Food Program 14. Loans Under the Agriculture Entrepreneurs Scheme for Graduates Comment 1: Whether the Pioneer Status Program is Specific as an Export Subsidy Comment 2: Whether the Pioneer Status Program is Specific Because It Is Limited to a Particular Industry or Enterprise Comment 3: Whether 19 CFR 351.526 Applies with Regard to Asia Aquaculture Companies’ Use of the Pioneer Status Program Comment 4: Manner in Which the Department Should Calculate the Benefit Under the Pioneer Status Program Comment 5: Whether the Department Should Apply AFA with Respect to Asia Aquaculture’s Use of the Reinvestment Allowance Comment 6: Treatment of Subsidy Programs Discovered at Verification Comment 7: Rely on Government of Malaysia’s Response for Kian Huat Comment 8: Calculation of Rate Based Upon Adverse Inferences Comment 9: Appropriate Rate to Apply as AFA [FR Doc. 2013–20168 Filed 8–16–13; 8:45 am] BILLING CODE 3510–DS–P VerDate Mar<15>2010 17:51 Aug 16, 2013 Jkt 229001 50383 DEPARTMENT OF COMMERCE Case History International Trade Administration The events that have occurred since the Department published the Preliminary Determination on June 4, 2013,2 are discussed in the Memorandum to Paul Piquado, Assistant Secretary for Import Administration, ‘‘Issues and Decision Memorandum for the Final Negative Determination in the Countervailing Duty Investigation of Certain Frozen Warmwater Shrimp from the Republic of Indonesia’’ (Decision Memorandum), which is dated concurrently with and hereby adopted by this notice. [C–560–825] Certain Frozen Warmwater Shrimp From the Republic of Indonesia: Final Negative Countervailing Duty Determination Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that countervailable subsidies are not being provided to producers and/or exporters of certain frozen warmwater shrimp (frozen shrimp) from the Republic of Indonesia (Indonesia). DATES: Effective Date: August 19, 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. AGENCY: Background The petitioner in this investigation is the Coalition of Gulf Shrimp Industries (Petitioner).1 This investigation covers 28 government programs. In addition to the Government of Indonesia (GOI), the respondents in this investigation are (1) PT. Central Proteinaprima and PT. Central Pertiwi Bahari, along with their affiliated companies; and (2) PT. First Marine Seafoods and its cross-owned affiliate, PT. Khom Foods. Period of Investigation The period for which we are measuring subsidies, or period of investigation, is January 1, 2011, through December 31, 2011. 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). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Scope Comments On March 28, 2013, Petitioner asked the Department to clarify that the scope of this investigation does not include brine-frozen shrimp.3 We have addressed this request and comments thereon in the Memorandum to Paul Piquado, Assistant Secretary for Import Administration, ‘‘Certain Frozen Warmwater Shrimp from Ecuador, India, Indonesia, Malaysia, People’s Republic of China, Thailand, and Socialist Republic of Vietnam—Final Scope Memorandum Regarding Onboard Brine-Frozen Shrimp’’ (Scope Memorandum), which is dated concurrently with and hereby adopted by this notice. 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. See Appendix I for a complete description of the scope of this investigation. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Decision Memorandum. A list of subsidy programs and the issues that parties have raised, and to which we responded in the Decision 2 See Certain Frozen Warmwater Shrimp from Indonesia: Negative Preliminary Countervailing Duty Determination, 78 FR 33349 (June 4, 2013) (Preliminary Determination), and the accompanying Preliminary Decision Memorandum. 3 See Letter from Petitioner, ‘‘Countervailing Duty Investigation on Certain Frozen Warmwater Shrimp from Indonesia (C–560–825)—Request for Scope Clarification’’ (March 28, 2013). E:\FR\FM\19AUN1.SGM 19AUN1 50384 Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Notices Memorandum, is attached to this notice as Appendix II. The Decision and Scope Memoranda are public documents and are on file electronically via IA ACCESS. IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, complete versions of the Decision and Scope Memoranda can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed and the electronic versions of these memoranda are identical in content. Company Subsidy rate (percent) PT. Central Pertiwi Bahari, PT. Central Proteinaprima Tbk. PT. First Marine Seafoods, PT. Khom Foods. All Others ......................... 0.23 (de minimis) 0.27 (de minimis) 0.25 (de minimis) For this final determination, we have calculated de minimis total net countervailable subsidy rates for the individually investigated producers/ exporters of the subject merchandise . The all others rate is also de minimis. Therefore, we determine that countervailable subsidies are not being provided to producers and/or exporters in Indonesia with respect to frozen shrimp. Because we have reached a final negative determination, consistent with section 705(c)(2) of the Tariff Act of 1930, as amended (the Act), we are terminating this investigation. In the Preliminary Determination, the total net countervailable subsidy rates for the individually examined respondents were de minimis and, therefore, we did not suspend liquidation.4 Because the rates for the respondents remain de minimis, we are not directing U.S. Customs and Border Protection to suspend liquidation of entries of subject merchandise. TKELLEY on DSK3SPTVN1PROD with NOTICES International Trade Commission Notification In accordance with section 705(d) of the Act, we will notify the International Trade Commission of our determination. Return or Destruction of Proprietary Information This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 4 See Preliminary Determination, 78 FR 33349. VerDate Mar<15>2010 17:51 Aug 16, 2013 Jkt 229001 Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation that is subject to sanction. This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act. Dated: August 12, 2013. Paul Piquado, Assistant Secretary for Import Administration. Appendix I 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,5 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). 5 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 ‘‘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 II Issues and Decision Memorandum I. Summary II. Background III. Subsidy Valuation Information A. Period of Investigation B. Allocation Period C. Attribution of Subsidies D. Application of Section 771B of the Act E. Denominators F. Loan Benchmarks and Discount Rate Benchmarks for Allocating NonRecurring Subsidies IV. Analysis of Programs A. Programs Determined To Be Countervailable 1. Export Financing from the Indonesia Export-Import Bank 2. Article 31E Income Tax Reduction B. Programs Determined To Be Not Countervailable 1. Import Duty Exemptions for Raw Materials Imported into Bonded Zones 2. VAT Exemptions for Raw Materials and Equipment Imported into Bonded Zones 3. VAT Exemptions for Purchases of Fish Feed C. Programs Determined To Have Been Not Used By Respondents or To Not Confer a Benefit During the POI 1. Import Duty Exemptions for Equipment Imported into Bonded Zones 2. Debt Forgiveness from the Government of Indonesia 3. Government Provision of Loans to the Indonesian Fishing and Aquaculture Sector 4. Government Loans to the Indonesian Fishing and Aquaculture Sector through Bank Rakyat Indonesia 5. Government Provision of Electricity to the Indonesian Fishing and Aquaculture Sector for LTAR E:\FR\FM\19AUN1.SGM 19AUN1 TKELLEY on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Notices 6. Government Provision of Goods and Services Used to Promote the Indonesian Fishing and Aquaculture Sector for LTAR 7. Government Provision of Land to the Indonesian Fishing and Aquaculture Sector for LTAR 8. Government Provision of Shrimp Breeding Stock and Fry for LTAR 9. Tax Incentives from the Capital Investment Coordinating Board 10. Government Provision of Grants to the Indonesian Fishing and Aquaculture Sector 11. Government Provision of Grants for the Lampung Shrimp Pond Project 12. Export Credit Insurance 13. Export Credit Guarantees 14. Export Ban on Raw Shrimp 15. Government Provision of Assistance through the Aquaculture Intensification (INBUDKAN) Program 16. Government Provision of Assistance through the Fish Culture Intensification (FCIP) Program 17. Government Provision of Assistance through the Revitalisation of Aquaculture Development (RPPB) Program 18. Government Provision of Clean Water Facilities to the Indonesian Fishery Sector for LTAR 19. Government Provision of Fishing Boats for LTAR 20. Government Provision of Cold Storage Facilities for LTAR 21. Government Provision of Shrimp Breeding Stock and Seed for LTAR 22. Government Loans to Coastal Community Businesses under the Project of Coastal Community Empowerment/ Loans for the Economic Development of Coastal Communities (PEMP) Program 23. Government Provision of Land to Brackish-Water Aquaculture Farms for LTAR V. Analysis of Comments General Issues Comment 1: The Application of Section 771B of the Act (the Agricultural Processing Provision) to Subsidies to Fresh Shrimp Farmers Comment 2: The Attribution of Fresh Shrimp Subsidies to Respondent Processors; Use of a Simple or Weighted Average Comment 3: The Attribution of Fresh Shrimp Subsidies to Respondent Processors: Proper Sales Denominator Cross-Ownership Comment 4: CPP and the Plasma Farmers Comment 5: CPP and CWS Comment 6: Windu Mantap and its CrossOwned Companies Debt Forgiveness Comment 7: CPP’s 2001 Restructuring Agreement Comment 8: CPP’s Repayment Terms Comment 9: Forgiven Loans to CPP’s Plasma Farmers Comment 10: CPP’s Investment Commitments for the Shrimp Pond Revitalization Project Comment 11: The Indonesia Ex-Im Bank’s Waiver for CPP Export Financing VerDate Mar<15>2010 17:51 Aug 16, 2013 Jkt 229001 Comment 12: CPP’s Export Financing Income Tax Reduction Comment 13: The Article 31E Income Tax Reduction Program VAT Exemptions for Strategic Goods Comment 14: VAT Exemptions are Countervailable in their Entirety Comment 15: Time Value of Money Benefits from VAT Exemptions Import Duty Exemptions for Bonded Zones Comment 16: Import Duty Exemptions for Equipment Imported into Bonded Zones Comment 17: Import Duty Exemptions for Raw Materials Imported into Bonded Zones VAT Exemptions for Bonded Zones Comment 18: VAT Exemptions for Equipment and Raw Materials Imported into Bonded Zones Land Comment 19: First Marine’s Land Lease at the Jakarta Fishery Port Comment 20: Land Provided to CPP and CWS by KIM Creditworthiness Comment 21: The Department’s Preliminary Determination Regarding CPP’s Uncreditworthiness During 2011 Comment 22: Petitioner’s Other Uncreditworthiness Allegations Voluntary Respondents Comment 23: The Department’s Denial of Bumi Menara’s Voluntary Respondent Request Miscellaneous Comment 24: CPP’s Minor Corrections VI. Recommendation [FR Doc. 2013–20164 Filed 8–16–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–854] Certain Frozen Warmwater Shrimp from India: Final Affirmative Countervailing Duty Determination Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and/or exporters of certain frozen warmwater shrimp (frozen shrimp) from India. For information on the estimated subsidy rates, see the ‘‘Suspension of Liquidation’’ section of this notice. DATES: Effective Date: August 19, 2013. FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Shane Subler, AD/ CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0410 and (202) 482–0189, respectively. AGENCY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 50385 Background The petitioner in this investigation is the Coalition of Gulf Shrimp Industries (Petitioner).1 This investigation covers 42 government programs. In addition to the Government of India, the company respondents in this investigation are Devi Fisheries Limited (Devi Fisheries), and Devi Seafoods Ltd. (Devi Seafoods). Period of Investigation The period for which we are measuring subsidies, or period of investigation, is April 1, 2011, through March 30, 2012. Case History The events that have occurred since the Department published the Preliminary Determination on June 4, 2013,2 are discussed in the Memorandum to Paul Piquado, Assistant Secretary for Import Administration, ‘‘Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Certain Frozen Warmwater Shrimp from India’’ (Decision Memorandum).3 Scope Comments On March 28, 2013, Petitioner asked the Department to clarify that the scope of this investigation does not include brine-frozen shrimp.4 We have 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 Certain Frozen Warmwater Shrimp From India: Preliminary Countervailing Duty Determination, 78 FR 33344 (June 4, 2013) (Preliminary Determination). 3 Public versions of all business proprietary documents and all public documents are on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). Access to IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Department’s Central Records Unit (CRU), room 7046 of the main Department of Commerce building. 4 See Letter from Petitioner, ‘‘Countervailing Duty Investigation on Certain Frozen Warmwater Shrimp from Ecuador (C–331–803)—Request for Scope Clarification’’ (March 28, 2013). E:\FR\FM\19AUN1.SGM 19AUN1

Agencies

[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Notices]
[Pages 50383-50385]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20164]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-560-825]


Certain Frozen Warmwater Shrimp From the Republic of Indonesia: 
Final Negative Countervailing Duty Determination

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are not being provided to producers and/or 
exporters of certain frozen warmwater shrimp (frozen shrimp) from the 
Republic of Indonesia (Indonesia).

DATES: Effective Date: August 19, 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.

Background

    The petitioner in this investigation is the Coalition of Gulf 
Shrimp Industries (Petitioner).\1\ This investigation covers 28 
government programs. In addition to the Government of Indonesia (GOI), 
the respondents in this investigation are (1) PT. Central Proteinaprima 
and PT. Central Pertiwi Bahari, along with their affiliated companies; 
and (2) PT. First Marine Seafoods and its cross-owned affiliate, PT. 
Khom Foods.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

Period of Investigation

    The period for which we are measuring subsidies, or period of 
investigation, is January 1, 2011, through December 31, 2011.

Case History

    The events that have occurred since the Department published the 
Preliminary Determination on June 4, 2013,\2\ are discussed in the 
Memorandum to Paul Piquado, Assistant Secretary for Import 
Administration, ``Issues and Decision Memorandum for the Final Negative 
Determination in the Countervailing Duty Investigation of Certain 
Frozen Warmwater Shrimp from the Republic of Indonesia'' (Decision 
Memorandum), which is dated concurrently with and hereby adopted by 
this notice.
---------------------------------------------------------------------------

    \2\ See Certain Frozen Warmwater Shrimp from Indonesia: Negative 
Preliminary Countervailing Duty Determination, 78 FR 33349 (June 4, 
2013) (Preliminary Determination), and the accompanying Preliminary 
Decision Memorandum.
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Scope Comments

    On March 28, 2013, Petitioner asked the Department to clarify that 
the scope of this investigation does not include brine-frozen 
shrimp.\3\ We have addressed this request and comments thereon in the 
Memorandum to Paul Piquado, Assistant Secretary for Import 
Administration, ``Certain Frozen Warmwater Shrimp from Ecuador, India, 
Indonesia, Malaysia, People's Republic of China, Thailand, and 
Socialist Republic of Vietnam--Final Scope Memorandum Regarding Onboard 
Brine-Frozen Shrimp'' (Scope Memorandum), which is dated concurrently 
with and hereby adopted by this notice.
---------------------------------------------------------------------------

    \3\ See Letter from Petitioner, ``Countervailing Duty 
Investigation on Certain Frozen Warmwater Shrimp from Indonesia (C-
560-825)--Request for Scope Clarification'' (March 28, 2013).
---------------------------------------------------------------------------

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. See Appendix 
I for a complete description of the scope of this investigation.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Decision Memorandum. A list of subsidy programs and 
the issues that parties have raised, and to which we responded in the 
Decision

[[Page 50384]]

Memorandum, is attached to this notice as Appendix II.
    The Decision and Scope Memoranda are public documents and are on 
file electronically via IA ACCESS. IA ACCESS is available to registered 
users at http://iaaccess.trade.gov and in the Central Records Unit, 
room 7046 of the main Department of Commerce building. In addition, 
complete versions of the Decision and Scope Memoranda can be accessed 
directly on the Internet at http://www.trade.gov/ia/. The signed and 
the electronic versions of these memoranda are identical in content.

------------------------------------------------------------------------
                  Company                      Subsidy rate  (percent)
------------------------------------------------------------------------
PT. Central Pertiwi Bahari, PT. Central     0.23 (de minimis)
 Proteinaprima Tbk.
PT. First Marine Seafoods, PT. Khom Foods.  0.27 (de minimis)
All Others................................  0.25 (de minimis)
------------------------------------------------------------------------

    For this final determination, we have calculated de minimis total 
net countervailable subsidy rates for the individually investigated 
producers/exporters of the subject merchandise . The all others rate is 
also de minimis. Therefore, we determine that countervailable subsidies 
are not being provided to producers and/or exporters in Indonesia with 
respect to frozen shrimp. Because we have reached a final negative 
determination, consistent with section 705(c)(2) of the Tariff Act of 
1930, as amended (the Act), we are terminating this investigation.
    In the Preliminary Determination, the total net countervailable 
subsidy rates for the individually examined respondents were de minimis 
and, therefore, we did not suspend liquidation.\4\ Because the rates 
for the respondents remain de minimis, we are not directing U.S. 
Customs and Border Protection to suspend liquidation of entries of 
subject merchandise.
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    \4\ See Preliminary Determination, 78 FR 33349.
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International Trade Commission Notification

    In accordance with section 705(d) of the Act, we will notify the 
International Trade Commission of our determination.

Return or Destruction of Proprietary Information

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation that 
is subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: August 12, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

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,\5\ deveined or not 
deveined, cooked or raw, or otherwise processed in frozen form, 
regardless of size.
---------------------------------------------------------------------------

    \5\ ``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 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 II

Issues and Decision Memorandum

I. Summary
II. Background
III. Subsidy Valuation Information
    A. Period of Investigation
    B. Allocation Period
    C. Attribution of Subsidies
    D. Application of Section 771B of the Act
    E. Denominators
    F. Loan Benchmarks and Discount Rate Benchmarks for Allocating 
Non-Recurring Subsidies
IV. Analysis of Programs
    A. Programs Determined To Be Countervailable
    1. Export Financing from the Indonesia Export-Import Bank
    2. Article 31E Income Tax Reduction
    B. Programs Determined To Be Not Countervailable
    1. Import Duty Exemptions for Raw Materials Imported into Bonded 
Zones
    2. VAT Exemptions for Raw Materials and Equipment Imported into 
Bonded Zones
    3. VAT Exemptions for Purchases of Fish Feed
    C. Programs Determined To Have Been Not Used By Respondents or 
To Not Confer a Benefit During the POI
    1. Import Duty Exemptions for Equipment Imported into Bonded 
Zones
    2. Debt Forgiveness from the Government of Indonesia
    3. Government Provision of Loans to the Indonesian Fishing and 
Aquaculture Sector
    4. Government Loans to the Indonesian Fishing and Aquaculture 
Sector through Bank Rakyat Indonesia
    5. Government Provision of Electricity to the Indonesian Fishing 
and Aquaculture Sector for LTAR

[[Page 50385]]

    6. Government Provision of Goods and Services Used to Promote 
the Indonesian Fishing and Aquaculture Sector for LTAR
    7. Government Provision of Land to the Indonesian Fishing and 
Aquaculture Sector for LTAR
    8. Government Provision of Shrimp Breeding Stock and Fry for 
LTAR
    9. Tax Incentives from the Capital Investment Coordinating Board
    10. Government Provision of Grants to the Indonesian Fishing and 
Aquaculture Sector
    11. Government Provision of Grants for the Lampung Shrimp Pond 
Project
    12. Export Credit Insurance
    13. Export Credit Guarantees
    14. Export Ban on Raw Shrimp
    15. Government Provision of Assistance through the Aquaculture 
Intensification (INBUDKAN) Program
    16. Government Provision of Assistance through the Fish Culture 
Intensification (FCIP) Program
    17. Government Provision of Assistance through the 
Revitalisation of Aquaculture Development (RPPB) Program
    18. Government Provision of Clean Water Facilities to the 
Indonesian Fishery Sector for LTAR
    19. Government Provision of Fishing Boats for LTAR
    20. Government Provision of Cold Storage Facilities for LTAR
    21. Government Provision of Shrimp Breeding Stock and Seed for 
LTAR
    22. Government Loans to Coastal Community Businesses under the 
Project of Coastal Community Empowerment/Loans for the Economic 
Development of Coastal Communities (PEMP) Program
    23. Government Provision of Land to Brackish-Water Aquaculture 
Farms for LTAR
V. Analysis of Comments
    General Issues
    Comment 1: The Application of Section 771B of the Act (the 
Agricultural Processing Provision) to Subsidies to Fresh Shrimp 
Farmers
    Comment 2: The Attribution of Fresh Shrimp Subsidies to 
Respondent Processors; Use of a Simple or Weighted Average
    Comment 3: The Attribution of Fresh Shrimp Subsidies to 
Respondent Processors: Proper Sales Denominator
    Cross-Ownership
    Comment 4: CPP and the Plasma Farmers
    Comment 5: CPP and CWS
    Comment 6: Windu Mantap and its Cross-Owned Companies
    Debt Forgiveness
    Comment 7: CPP's 2001 Restructuring Agreement
    Comment 8: CPP's Repayment Terms
    Comment 9: Forgiven Loans to CPP's Plasma Farmers
    Comment 10: CPP's Investment Commitments for the Shrimp Pond 
Revitalization Project
    Comment 11: The Indonesia Ex-Im Bank's Waiver for CPP
    Export Financing
    Comment 12: CPP's Export Financing
    Income Tax Reduction
    Comment 13: The Article 31E Income Tax Reduction Program
    VAT Exemptions for Strategic Goods
    Comment 14: VAT Exemptions are Countervailable in their Entirety
    Comment 15: Time Value of Money Benefits from VAT Exemptions
    Import Duty Exemptions for Bonded Zones
    Comment 16: Import Duty Exemptions for Equipment Imported into 
Bonded Zones
    Comment 17: Import Duty Exemptions for Raw Materials Imported 
into Bonded Zones
    VAT Exemptions for Bonded Zones
    Comment 18: VAT Exemptions for Equipment and Raw Materials 
Imported into Bonded Zones
    Land
    Comment 19: First Marine's Land Lease at the Jakarta Fishery 
Port
    Comment 20: Land Provided to CPP and CWS by KIM
    Creditworthiness
    Comment 21: The Department's Preliminary Determination Regarding 
CPP's Uncreditworthiness During 2011
    Comment 22: Petitioner's Other Uncreditworthiness Allegations
    Voluntary Respondents
    Comment 23: The Department's Denial of Bumi Menara's Voluntary 
Respondent Request
    Miscellaneous
    Comment 24: CPP's Minor Corrections
VI. Recommendation

[FR Doc. 2013-20164 Filed 8-16-13; 8:45 am]
BILLING CODE 3510-DS-P