Certain Frozen Warmwater Shrimp From Ecuador: Final Affirmative Countervailing Duty Determination, 50389-50391 [2013-20169]
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TKELLEY on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Notices
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).
‘‘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,
5 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
VerDate Mar<15>2010
17:51 Aug 16, 2013
Jkt 229001
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
List of Comments and Issues in the Decision
Memorandum
Comment 1: Aquaculture and Seafood
Processing Plans Serving as Basis for
Providing Countervailable Subsidies
Comment 2: Specificity of Sectoral Plans
with Respect to Policy Lending and the
Provision of Land
Comment 3: Interest Rate Support Program
under the State Bank of Vietnam (SBV)
Comment 4: Vietinbank Export Lending
Program
Comment 5: Loan Benchmarks
Comment 6: Land Benchmarks
Comment 7: Whether Minh Phu Group
Benefitted from Import Duty Exemptions
for Raw Materials
Comment 8: The Application of Section 771B
of the Act (the Agricultural Processing
Provision) to Subsidies to Fresh Shrimp
Farmers
Comment 9: The Attribution of Fresh Shrimp
Subsidies to the Respondent Processors:
Use of a Simple or Weighted Average
Comment 10: The Attribution of Fresh
Shrimp Subsidies to Respondent
Processors: Proper Sales Denominator
Comment 11: Two Percent de minimis
Standard
Comment 12: Income Tax Preference Under
Chapter V of Decree 24
[FR Doc. 2013–20172 Filed 8–16–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–331–803]
Certain Frozen Warmwater Shrimp
From Ecuador: 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 Ecuador. 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:
Joshua Morris and Austin Redington,
AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
AGENCY:
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
50389
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1779 and (202)
482–1664, respectively.
Background
The petitioner in this investigation is
the Coalition of Gulf Shrimp Industries
(Petitioner).1 This investigation covers
seven government programs. The
respondents in this investigation are the
Government of Ecuador (the GOE), and
two companies—Promarisco S.A.
(Promarisco) and Sociedad Nacional de
Galapagos C.A. (Songa).
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
Determination in the Countervailing
Duty Investigation of Certain Frozen
Warmwater Shrimp from Ecuador’’
(Decision Memorandum), which is
hereby adopted by this notice.3
Scope Comments
On March 28, 2013, Petitioner asked
the Department to clarify that the scope
of this investigation does not include
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
Ecuador: Preliminary Negative Countervailing Duty
Determination, 78 FR 33347 (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.
E:\FR\FM\19AUN1.SGM
19AUN1
50390
Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Notices
brine-frozen shrimp.4 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,’’ which
is hereby adopted by this notice.
Scope of the Investigation
This investigation covers 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.
TKELLEY on DSK3SPTVN1PROD with NOTICES
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
Memorandum, is attached to this notice
as Appendix II. The Decision
Memorandum is a public document and
on file electronically via IA ACCESS. In
addition, a complete version of the
Decision Memorandum can be accessed
directly on the Internet at https://
www.trade.gov/ia/. The signed and the
electronic versions of this memorandum
are identical in content.
Use of Facts Otherwise Available,
Including Adverse Inferences
For purposes of this final
determination, we have relied on facts
available and in certain instances have
applied an adverse inference (AFA) in
accordance with sections 776(a) and (b)
of the Tariff Act of 1930, as amended
(the Act), with regard to: (1) Provision
of Commercial Concessions for Less
Than Adequate Remuneration; (2) GOE
Forgiveness of Land-Use Fees; (3)
Preferential Loans from the National
Finance Corporation and the National
Development Bank; and, (4) Export
Restraints on Raw and Unprocessed
Shrimp. A full discussion of our
decision to rely on facts available and
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).
VerDate Mar<15>2010
17:51 Aug 16, 2013
Jkt 229001
AFA is presented in the Decision
Memorandum under the section ‘‘Use of
Facts Otherwise Available and Adverse
Inferences.’’
Suspension of Liquidation
In accordance with section
705(c)(1)(B)(i) of the Act, we have
calculated a rate for each company
respondent. Section 705(c)(5)(A)(i) of
the Act states that for companies not
individually investigated, we will
determine an ‘‘all others’’ rate equal to
the weighted average countervailable
subsidy rates established for exporters
and producers individually
investigated, excluding any zero and de
minimis countervailable subsidy rates,
and any rates determined entirely under
section 776 of the Act.
For companies not individually
investigated, we have calculated an
average rate as described in the Final
Calculation Memoranda. See
Memoranda to the File, ‘‘Final
Determination Calculation
Memorandum for Promarisco S.A.’’ and
‘‘Final Determination Calculation
Memorandum for Sociedad Nacional de
Galapagos C.A.’’ (Final Calculation
Memoranda), which are hereby adopted
by this notice.
We determine the total estimated net
countervailable subsidy rates to be:
Company
Promarisco ............................
Songa ...................................
All Others ..............................
Frm 00018
Fmt 4703
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information related to this investigation.
We will allow the ITC access to all
privileged and business proprietary
information in our files, provided the
ITC confirms that it will not disclose
such information, either publicly or
under an administrative protective order
(APO), without the written consent of
the Assistant Secretary for Import
Administration.
Return or Destruction of Proprietary
Information
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
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
Subsidy rate
sanction.
This determination is issued and
13.51
published pursuant to sections 705(d)
10.13
11.68 and 777(i) of the Act.
In accordance with section
705(c)(1)(C) of the Act, we are directing
United States Customs and Border
Protection (CBP) to suspend liquidation
of all imports of the subject
merchandise from Ecuador that are
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of this notice in the Federal
Register, and to require a cash deposit
for such entries of merchandise in the
amounts indicated above. The
suspension of liquidation will remain in
effect until further notice.
We will issue a countervailing duty
order if the United States International
Trade Commission (ITC) issues a final
affirmative injury determination and we
will instruct CBP to require a cash
deposit of estimated countervailing
duties for such entries of merchandise
in the amounts indicated above. If the
ITC determines that material injury, or
threat of material injury, does not exist,
this proceeding will be terminated and
all estimated duties deposited or
securities posted as a result of the
PO 00000
suspension of liquidation will be
refunded or canceled.
Sfmt 4703
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
5 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
E:\FR\FM\19AUN1.SGM
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Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Notices
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.
TKELLEY on DSK3SPTVN1PROD with NOTICES
Appendix II—List of Comments and Issues
in the Decision Memorandum
A. 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 Deferral of New Subsidy
Allegations to Administrative Reviews
VerDate Mar<15>2010
17:51 Aug 16, 2013
Jkt 229001
Comment 4 The Determination Not To
Investigate Value-Added Tax (VAT)
Exemptions
B. Company Specific Issues
Comment 5 Promarisco’s Cross-Ownership,
Sales Value, and Purchases of Fresh
Shrimp
Comment 6 Clerical Error in Calculation of
Songa’s Preliminary Subsidy Rate
C. Preferential, Exempted, and Forgiveness of
Land-Use Fees for Shrimp Farmers
Comment 7 Whether the GOE’s Inter-Tidal
Land Concessions Program Is Specific
Comment 8 The Appropriate Measure of
Revenue Forgone Due to the GOE’s InterTidal Land Concessions Program
Comment 9 Benchmark for Measuring the
Benefit Conferred by the GOE
Comment 10 Alleged GOE Forgiveness of
Land-Use Fees
Comment 11 Songa’s Minor Corrections
Comment 12 Promarisco’s Unreported Land
Concessions
D. Preferential Loans From the National
Finance Corporation (CFN) and the National
Development Bank (BNF)
Comment 13 Whether To Apply AFA To
Loan Discovered at Verification
E. Export Restraints on Raw, Unprocessed
Shrimp
Comment 14 Whether the GOE Imposed
Export Restraints on Raw and Unprocessed
Shrimp
[FR Doc. 2013–20169 Filed 8–16–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–989]
Certain Frozen Warmwater Shrimp
From the People’s Republic of China:
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 exporters of
certain frozen warmwater shrimp from
the People’s Republic of China (PRC).
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: John
Conniff or Eric Greynolds, Office 8,
Import Administration, U.S. Department
of Commerce, Room CC116, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: 202–
482–1109 or 202–482–6071,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
PO 00000
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50391
Background
The petitioner in this investigation is
the Coalition of Gulf Shrimp Industries
(Petitioner).1 This investigation covers
29 government programs. The
mandatory respondent in this
investigation is 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).
Period of Investigation
The period of investigation for which
we are measuring subsidies 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
Determination in the Certain Frozen
Warmwater Shrimp from the People’s
Republic of China’’ (Decision
Memorandum), which is hereby
adopted by this notice.3
Scope Comments
On March 28, 2013, Petitioner asked
the Department to clarify that the scope
of this investigation does not include
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 the
People’s Republic of China: Preliminary
Countervailing Duty Determination, 78 FR 33346
(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
https://iaaccess.trade.gov and in the Central Records
Unit, Room 7046 of the main Department of
Commerce building.
E:\FR\FM\19AUN1.SGM
19AUN1
]]>Agencies
[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Notices]
[Pages 50389-50391]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20169]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-331-803]
Certain Frozen Warmwater Shrimp From Ecuador: Final Affirmative
Countervailing Duty Determination
AGENCY: 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
Ecuador. 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: Joshua Morris and 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.
Background
The petitioner in this investigation is the Coalition of Gulf
Shrimp Industries (Petitioner).\1\ This investigation covers seven
government programs. The respondents in this investigation are the
Government of Ecuador (the GOE), and two companies--Promarisco S.A.
(Promarisco) and Sociedad Nacional de Galapagos C.A. (Songa).
---------------------------------------------------------------------------
\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
Determination in the Countervailing Duty Investigation of Certain
Frozen Warmwater Shrimp from Ecuador'' (Decision Memorandum), which is
hereby adopted by this notice.\3\
---------------------------------------------------------------------------
\2\ See Certain Frozen Warmwater Shrimp From Ecuador:
Preliminary Negative Countervailing Duty Determination, 78 FR 33347
(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 https://iaaccess.trade.gov and in
the Department's Central Records Unit (CRU), room 7046 of the main
Department of Commerce building.
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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
[[Page 50390]]
brine-frozen shrimp.\4\ 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,'' which is hereby adopted by this notice.
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\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).
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Scope of the Investigation
This investigation covers 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 Memorandum, is attached to this notice as Appendix II. The
Decision Memorandum is a public document and on file electronically via
IA ACCESS. In addition, a complete version of the Decision Memorandum
can be accessed directly on the Internet at https://www.trade.gov/ia/.
The signed and the electronic versions of this memorandum are identical
in content.
Use of Facts Otherwise Available, Including Adverse Inferences
For purposes of this final determination, we have relied on facts
available and in certain instances have applied an adverse inference
(AFA) in accordance with sections 776(a) and (b) of the Tariff Act of
1930, as amended (the Act), with regard to: (1) Provision of Commercial
Concessions for Less Than Adequate Remuneration; (2) GOE Forgiveness of
Land-Use Fees; (3) Preferential Loans from the National Finance
Corporation and the National Development Bank; and, (4) Export
Restraints on Raw and Unprocessed Shrimp. A full discussion of our
decision to rely on facts available and AFA is presented in the
Decision Memorandum under the section ``Use of Facts Otherwise
Available and Adverse Inferences.''
Suspension of Liquidation
In accordance with section 705(c)(1)(B)(i) of the Act, we have
calculated a rate for each company respondent. Section 705(c)(5)(A)(i)
of the Act states that for companies not individually investigated, we
will determine an ``all others'' rate equal to the weighted average
countervailable subsidy rates established for exporters and producers
individually investigated, excluding any zero and de minimis
countervailable subsidy rates, and any rates determined entirely under
section 776 of the Act.
For companies not individually investigated, we have calculated an
average rate as described in the Final Calculation Memoranda. See
Memoranda to the File, ``Final Determination Calculation Memorandum for
Promarisco S.A.'' and ``Final Determination Calculation Memorandum for
Sociedad Nacional de Galapagos C.A.'' (Final Calculation Memoranda),
which are hereby adopted by this notice.
We determine the total estimated net countervailable subsidy rates
to be:
------------------------------------------------------------------------
Company Subsidy rate
------------------------------------------------------------------------
Promarisco.............................................. 13.51
Songa................................................... 10.13
All Others.............................................. 11.68
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In accordance with section 705(c)(1)(C) of the Act, we are
directing United States Customs and Border Protection (CBP) to suspend
liquidation of all imports of the subject merchandise from Ecuador that
are entered, or withdrawn from warehouse, for consumption on or after
the date of publication of this notice in the Federal Register, and to
require a cash deposit for such entries of merchandise in the amounts
indicated above. The suspension of liquidation will remain in effect
until further notice.
We will issue a countervailing duty order if the United States
International Trade Commission (ITC) issues a final affirmative injury
determination and we will instruct CBP to require a cash deposit of
estimated countervailing duties for such entries of merchandise in the
amounts indicated above. If the ITC determines that material injury, or
threat of material injury, does not exist, this proceeding will be
terminated and all estimated duties deposited or securities posted as a
result of the suspension of liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order (APO), without the written
consent of the Assistant Secretary for Import Administration.
Return or Destruction of Proprietary Information
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/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.
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\5\ ``Tails'' in this context means the tail fan, which includes
the telson and the uropods.
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The frozen warmwater shrimp and prawn products included in the
scope, regardless of definitions in the Harmonized Tariff Schedule
of the United States (``HTSUS''), are products which are processed
from warmwater shrimp and prawns through freezing and which are sold
in any count size.
The products described above may be processed from any species
of warmwater shrimp and prawns. Warmwater shrimp and prawns are
generally classified in, but are not limited to, the Penaeidae
family. Some examples of the farmed and wild-caught
[[Page 50391]]
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--List of Comments and Issues in the Decision Memorandum
A. 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 Deferral of New Subsidy Allegations to Administrative
Reviews
Comment 4 The Determination Not To Investigate Value-Added Tax (VAT)
Exemptions
B. Company Specific Issues
Comment 5 Promarisco's Cross-Ownership, Sales Value, and Purchases
of Fresh Shrimp
Comment 6 Clerical Error in Calculation of Songa's Preliminary
Subsidy Rate
C. Preferential, Exempted, and Forgiveness of Land-Use Fees for
Shrimp Farmers
Comment 7 Whether the GOE's Inter-Tidal Land Concessions Program Is
Specific
Comment 8 The Appropriate Measure of Revenue Forgone Due to the
GOE's Inter-Tidal Land Concessions Program
Comment 9 Benchmark for Measuring the Benefit Conferred by the GOE
Comment 10 Alleged GOE Forgiveness of Land-Use Fees
Comment 11 Songa's Minor Corrections
Comment 12 Promarisco's Unreported Land Concessions
D. Preferential Loans From the National Finance Corporation (CFN)
and the National Development Bank (BNF)
Comment 13 Whether To Apply AFA To Loan Discovered at Verification
E. Export Restraints on Raw, Unprocessed Shrimp
Comment 14 Whether the GOE Imposed Export Restraints on Raw and
Unprocessed Shrimp
[FR Doc. 2013-20169 Filed 8-16-13; 8:45 am]
BILLING CODE 3510-DS-P
