Certain Frozen Warmwater Shrimp From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 50391-50394 [2013-20170]
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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
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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.
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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’’ (Scope
Memorandum), which is 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. For a complete
description of the scope of the
investigation, see Appendix I to this
notice.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs submitted by
parties in this investigation are
addressed in the Decision
Memorandum, dated concurrently with
this notice. 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 and Scope Memoranda
are public documents and are on file
electronically via IA ACCESS. In
addition, complete versions of the
Decision and Scope Memoranda can be
accessed directly on the Internet at
https://www.trade.gov/ia/. The signed
and the electronic versions of these
memoranda 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 have applied an adverse
inference in accordance with sections
776(a) and (b) of the Tariff Act of 1930,
as amended (the Act) with regard to: (1)
Additional grants received by the
Guolian Companies not addressed by
the Department in the Preliminary
Determination; (2) three grants reported
at verification; (3) central government
grants in connection with the Zhanjiang
Guolian’s Penaeus Vannamei Boone
(aka White Shrimp) Processing Project;
and (4) export buyers credits from China
Export-Import Bank (China ExIm)
Program. A full discussion of our
decision to rely on 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 an individual rate for the
Goulian Companies. Section
705(c)(5)(A)(i) of the Act states that for
companies not individually
investigated, we will determine an ‘‘allothers’’ 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.
Because we have calculated a rate for
only the Goulian Companies, the rate for
the Goulian Companies is the all others
rate.
We determine the total estimated net
countervailable subsidy rates to be:
Net subsidy ad
valorem rate
(percent)
Producer/exporter
TKELLEY on DSK3SPTVN1PROD with NOTICES
Zhanjiang Guolian Aquatic Products, Co., Ltd. (Guolian), Zhanjiang Guolian Feed Co., Ltd. (Guolian Feed), Zhanjiang Guolian
Aquatic Fry Technology Co., Ltd. (Guolian Fry), Zhanjiang Guotong Aquatic Co., Ltd. (Guotong) (collectively, the Guolian
Companies) ......................................................................................................................................................................................
All Others .............................................................................................................................................................................................
As a result of our Preliminary
Determination, and pursuant to section
703(d) of the Act, we instructed U.S.
Customs and Border Protection (CBP) to
suspend liquidation of all entries of
certain frozen warmwater shrimp from
the PRC that were entered or withdrawn
from warehouse, for consumption on or
after June 4, 2013, the date of
publication of the Preliminary
Determination in the Federal Register.
Pursuant to section 705(c)(1)(B)(ii) of
the Act, we are directing CBP to
continue suspending liquidation on all
imports of subject merchandise from the
PRC that are entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. CBP shall require
a cash deposit equal to the subsidy rates
indicated in the chart above. These
suspension-of-liquidation instructions
will remain in effect until further notice.
If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination, we
will issue a countervailing duty (CVD)
order under section 706(a) of the Act. 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.
4 See Letter from Petitioner, ‘‘Countervailing Duty
Investigation on Certain Frozen Warmwater Shrimp
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.
from the People’s Republic of China (C–570–989)—
Request for Scope Clarification’’ (March 28, 2013).
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17:51 Aug 16, 2013
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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
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18.16
18.16
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
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Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Notices
APO is a violation that is subject to
sanction.
This determination is published
pursuant to sections 705(d) and 777(i) of
the Act.
TKELLEY on DSK3SPTVN1PROD with NOTICES
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).
‘‘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
5 ‘‘Tails’’ in this context means the tail fan, which
includes the telson and the uropods.
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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 Subsidy Programs and
Issues in the Decision Memorandum
A. Programs Determined To Be
Countervailable
1. Preferential Lending to Shrimp Producers
by the Central Government and Province
of Guangdong
2. Central Government, Provincial, and
Municipal Grants Under the Famous
Brands Program
3. Value-Added (VAT) Exemptions on
Imports of Shrimp Fry
4. VAT Refunds for Foreign Invested
Enterprises (FIEs) on Purchases of
Chinese-Made Equipment
5. VAT and Import Tariff Exemptions for
FIEs and Certain Domestic Enterprises
Using Imported Equipment in
Encouraged Industries
6. Enterprise Income Tax Reduction for High
and New Technology Enterprises
7. Tax Incentives for Enterprises Engaged in
Aquaculture and Processing
8. Central Government Grants in Connection
With the Zhanjiang Guolian’s Penaeus
Vannamei Boone (aka White Shrimp)
Processing Project
9. Additional Grants Received by the Guolian
Companies Not Addressed by the
Department in the Preliminary
Determination
B. Program Determined Not To Confer a
Benefit During the POI
1. Grants Under the Guangdong Province
Coastal Region Fishermen’s Job
Transferring Bill Fishery Industry
Development Project Fund
C. Programs Determined To Be Not Used
1. Central Government Provision of Loan
Guarantees at the Zhanjiang City Seafood
Center
2. Export Sellers Credits from China ExportImport (Ex-Im) Bank
3. Guangdong Province Funds for Enterprise
Outward Expansion
4. State Key Renovation Project Fund
Program
5. Grants Under the Healthy Development of
the Aquaculture Industry Program
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50393
6. Grants by the Central Government and the
Zuzhou District Government in
Connection with Construction of Fishery
Industry Zones and Farms
7. Grants from the Huanhua City Government
for Fry Breeding
8. Central Government Grants under the 2010
Aquatic Products Quality and Safety
Supervision Program
9. Government Grants for Fishery Machinery
and Equipment Purchases
10. Grants from Banfu County Government
for Development of Breeding Stock
11. Two Free, Three Half Program
12. Export Oriented FIEs
13. Tax Refund for Profit Reinvestment in
Export-Oriented Enterprises
14. Tax Incentives for FIEs in Special
Economic Zones
15. VAT Refunds for Domestic Firms on
Purchases of Chinese-Made Equipment
16. Central Government Provision of Rent for
Less than Adequate Remuneration
(LTAR) and Waiver of Management Fees
at the Zhanjiang City Seafood Center
17. Central Government Provision of Cold
Storage Services at the Zhanjiang City
Seafood Center for LTAR
18. Export Credit Insurance from Sinosure
Comment 1: Application of the CVD Law to
the PRC
Comment 2: Simultaneous Application of
CVD and Non-Market Economy
Measures
Comment 3: Proper ‘‘Cut-Off’’ Date to Apply
in the Investigation
Comment 4: Whether the Department’s
Application of Section 771B of the Act
Improperly Attributes Subsidy Benefits
to Shrimp Suppliers
Comment 5: Whether the ‘‘Substantially
Dependent’’ Criterion under Section
771B(1) of the Act is Satisfied
Comment 6: Whether the ‘‘Limited Value’’
Criterion Under Section 771B(2) of the
Act is Satisfied
Comment 7: Whether the Department
Applied Section 771B of the Act in a
Manner that Was Flawed
Comment 8: Denominator Used in
Calculating the Net Subsidy Rate for
Programs in Which the Department
Attributed Benefits to Unaffiliated
Farmers under Section 771B of the Act
Comment 9: Manner in Which the
Department Conducted the 0.5 Percent
Test When Attributing Benefits to
Unaffiliated Farmers under Section 771B
of the Act
Comment 10: Whether the Guolian
Companies Benefited from Subsidies
Received in Connection with the
Zhanjiang City Seafood Center
Comment 11: Whether the Department
Should Initiate Investigations of
Petitioner’s Second Round of New
Subsidy Allegations
Comment 12: Calculation of Guolian’s Tax
Exemption Benefit Using Tax Payments
Made During the POI
Comment 13: Whether the Department Made
Ministerial Errors in the Preliminary
Determination That Should be Corrected
for the Final Determination
Comment 14: Whether the Department
Should Countervail the Three Grants
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Reported at Verification and Whether the
Department’s Refusal to Collect Benefit
Information Regarding the Grants is
Contrary to Past Practice
Comment 15: Treatment of Additional Grants
Received by the Guolian Companies Not
Addressed by the Department in the
Preliminary Determination
Comment 16: Whether to Apply AFA With
Regard to the Export Buyer’s Credits
from the China Ex-Im Bank Program
Comment 17: Whether the Export Seller’s
Credits from the China Ex-Im Bank
Program is Countervailable
Comment 18: Whether the GOC Provided
Preferential Lending to the Aquaculture
Industry
Comment 19: Whether the Benchmark Used
to Measure Benefits under the
Preferential Lending to the Aquaculture
Industry Program is Flawed
Comment 20: Whether Tax Benefits under
Article 28 of the Enterprise Income Tax
Law for High or New Technology
Enterprises is Not Countervailable
Because It is Not Specific
Comment 21: Whether the Grants under the
GOC White Shrimp Processing Project
are Specific
[FR Doc. 2013–20170 Filed 8–16–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Advisory Committee on Supply Chain
Competitiveness: Notice of Public
Meeting
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
This notice sets forth the
schedule and proposed topics of
discussion for a public meeting of the
Advisory Committee on Supply Chain
Competitiveness (Committee).
DATES: The meeting will be held on
September 11, 2013, from 9:00 a.m. to
3:00 p.m., Eastern Standard Time (EST).
ADDRESSES: The meeting will be held at
the U.S. Department of Commerce, 1401
Constitution Avenue NW., Room 4830,
Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT:
Richard Boll, Office of Service
Industries, International Trade
Administration. (Phone: (202) 482–1135
or Email: richard.boll@trade.gov)
SUPPLEMENTARY INFORMATION:
Background: The Committee was
established under the discretionary
authority of the Secretary of Commerce
and in accordance with the Federal
Advisory Committee Act (5 U.S.C. App.
2). It provides advice to the Secretary of
Commerce on the necessary elements of
a comprehensive, holistic national
TKELLEY on DSK3SPTVN1PROD with NOTICES
SUMMARY:
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17:51 Aug 16, 2013
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freight infrastructure and a national
freight policy designed to support U.S.
export and growth competitiveness,
foster national economic
competitiveness, and improve U.S.
supply chain competitiveness in the
domestic and global economy. For more
information about the Committee visit:
https://ita.doc.gov/td/sif/DSCT/ACSCC.
Matters to Be Considered: Committee
members are expected to continue to
discuss the major competitivenessrelated topics raised at the previous
Committee meetings, including trade
and competitiveness; freight movement
and policy; information technology and
data requirements; regulatory issues;
and finance and infrastructure. The
Committee’s subcommittees will report
on the status of their work regarding
these topics. The agenda may change to
accommodate Committee business. The
Office of Service Industries will post the
final detailed agenda on its Web site,
https://ita.doc.gov/td/sif/DSCT/ACSCC,
at least one week prior to the meeting.
The meeting will be open to the
public and press on a first-come, firstserved basis. Space is limited. The
public meeting is physically accessible
to people with disabilities. Individuals
requiring accommodations, such as sign
language interpretation or other
ancillary aids, are asked to notify Mr.
Richard Boll, at (202) 482–1135 or
richard.boll@trade.gov five (5) business
days before the meeting.
Interested parties are invited to
submit written comments to the
Committee at any time before and after
the meeting. Parties wishing to submit
written comments for consideration by
the Committee in advance of this
meeting must send them to the Office of
Service Industries (OSI), 1401
Constitution Ave NW., Room 11014,
Washington, DC, 20230, or email to
supplychain@trade.gov.
For consideration during the meeting,
and to ensure transmission to the
Committee prior to the meeting,
comments must be received no later
than 5:00 p.m. EST on September 2,
2013. Comments received after
September 2, 2013, will be distributed
to the Committee, but may not be
considered at the meeting. The minutes
of the meeting will be posted on the
Committee Web site within 60 days of
the meeting.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–BA53
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery off the South Atlantic
States; Amendment 22; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Supplemental Notice of Intent
(NOI); correction; extension of public
comment period.
AGENCY:
This document contains a
correction to a supplemental NOI
published in the Federal Register on
August 2, 2013, regarding the
implementation of management
measures described in Amendment 22
to the Fishery Management Plan for the
Snapper-Grouper Fishery in the South
Atlantic Region (Amendment 22). The
document contained an incorrect docket
number in the ADDRESSES section. This
document corrects that mistake. NMFS
is extending until October 3, 2013, the
period for public comment regarding the
management measures described in
Amendment 22. NMFS is extending the
comment period to ensure there is
adequate time to submit complete
responses.
SUMMARY:
This correction is effective
August 19, 2013. Comments on the
supplemental NOI to Amendment 22,
published at 78 FR 46923, August 2,
2013, should be submitted on or before
October 3, 2013.
FOR FURTHER INFORMATION CONTACT:
Anne Marie Eich, telephone: 727–209–
5968, email: AnneMarie.Eich@noaa.gov.
SUPPLEMENTARY INFORMATION: In FR Doc.
2013–18676, appearing on page 46924,
in the Federal Register of August 2,
2013, in the first column, correct the
first bullet under ADDRESSES section
to read as follows:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA–NMFS–2010–
0264, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
DATES:
Dated: August 13, 2013.
David Long,
Director, Office of Service Industries.
Dated: August 14, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–20043 Filed 8–16–13; 8:45 am]
[FR Doc. 2013–20183 Filed 8–16–13; 8:45 am]
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]]>Agencies
[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Notices]
[Pages 50391-50394]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20170]
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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
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 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:
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).
---------------------------------------------------------------------------
\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 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\
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\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.
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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 50392]]
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'' (Scope Memorandum), which is hereby adopted by
this notice.
---------------------------------------------------------------------------
\4\ See Letter from Petitioner, ``Countervailing Duty
Investigation on Certain Frozen Warmwater Shrimp from the People's
Republic of China (C-570-989)--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. For a
complete description of the scope of the investigation, see Appendix I
to this notice.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs submitted by parties in this investigation
are addressed in the Decision Memorandum, dated concurrently with this
notice. 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 and Scope Memoranda are public documents and are on
file electronically via IA ACCESS. In addition, complete versions of
the Decision and Scope Memoranda can be accessed directly on the
Internet at https://www.trade.gov/ia/. The signed and the electronic
versions of these memoranda 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 have applied an adverse inference in accordance with
sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act)
with regard to: (1) Additional grants received by the Guolian Companies
not addressed by the Department in the Preliminary Determination; (2)
three grants reported at verification; (3) central government grants in
connection with the Zhanjiang Guolian's Penaeus Vannamei Boone (aka
White Shrimp) Processing Project; and (4) export buyers credits from
China Export-Import Bank (China ExIm) Program. A full discussion of our
decision to rely on 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 an individual rate for the Goulian Companies. 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. Because we have calculated a
rate for only the Goulian Companies, the rate for the Goulian Companies
is the all others rate.
We determine the total estimated net countervailable subsidy rates
to be:
------------------------------------------------------------------------
Net subsidy ad
Producer/exporter valorem rate
(percent)
------------------------------------------------------------------------
Zhanjiang Guolian Aquatic Products, Co., Ltd. (Guolian), 18.16
Zhanjiang Guolian Feed Co., Ltd. (Guolian Feed),
Zhanjiang Guolian Aquatic Fry Technology Co., Ltd.
(Guolian Fry), Zhanjiang Guotong Aquatic Co., Ltd.
(Guotong) (collectively, the Guolian Companies)........
All Others.............................................. 18.16
------------------------------------------------------------------------
As a result of our Preliminary Determination, and pursuant to
section 703(d) of the Act, we instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation of all entries of certain
frozen warmwater shrimp from the PRC that were entered or withdrawn
from warehouse, for consumption on or after June 4, 2013, the date of
publication of the Preliminary Determination in the Federal Register.
Pursuant to section 705(c)(1)(B)(ii) of the Act, we are directing CBP
to continue suspending liquidation on all imports of subject
merchandise from the PRC that are entered, or withdrawn from warehouse,
for consumption on or after the date of publication of this notice in
the Federal Register. CBP shall require a cash deposit equal to the
subsidy rates indicated in the chart above. These suspension-of-
liquidation instructions will remain in effect until further notice.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
(CVD) order under section 706(a) of the Act. 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
[[Page 50393]]
APO is a violation that is subject to sanction.
This determination is 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.
---------------------------------------------------------------------------
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--List of Subsidy Programs and Issues in the Decision
Memorandum
A. Programs Determined To Be Countervailable
1. Preferential Lending to Shrimp Producers by the Central
Government and Province of Guangdong
2. Central Government, Provincial, and Municipal Grants Under the
Famous Brands Program
3. Value-Added (VAT) Exemptions on Imports of Shrimp Fry
4. VAT Refunds for Foreign Invested Enterprises (FIEs) on Purchases
of Chinese-Made Equipment
5. VAT and Import Tariff Exemptions for FIEs and Certain Domestic
Enterprises Using Imported Equipment in Encouraged Industries
6. Enterprise Income Tax Reduction for High and New Technology
Enterprises
7. Tax Incentives for Enterprises Engaged in Aquaculture and
Processing
8. Central Government Grants in Connection With the Zhanjiang
Guolian's Penaeus Vannamei Boone (aka White Shrimp) Processing
Project
9. Additional Grants Received by the Guolian Companies Not Addressed
by the Department in the Preliminary Determination
B. Program Determined Not To Confer a Benefit During the POI
1. Grants Under the Guangdong Province Coastal Region Fishermen's
Job Transferring Bill Fishery Industry Development Project Fund
C. Programs Determined To Be Not Used
1. Central Government Provision of Loan Guarantees at the Zhanjiang
City Seafood Center
2. Export Sellers Credits from China Export-Import (Ex-Im) Bank
3. Guangdong Province Funds for Enterprise Outward Expansion
4. State Key Renovation Project Fund Program
5. Grants Under the Healthy Development of the Aquaculture Industry
Program
6. Grants by the Central Government and the Zuzhou District
Government in Connection with Construction of Fishery Industry Zones
and Farms
7. Grants from the Huanhua City Government for Fry Breeding
8. Central Government Grants under the 2010 Aquatic Products Quality
and Safety Supervision Program
9. Government Grants for Fishery Machinery and Equipment Purchases
10. Grants from Banfu County Government for Development of Breeding
Stock
11. Two Free, Three Half Program
12. Export Oriented FIEs
13. Tax Refund for Profit Reinvestment in Export-Oriented
Enterprises
14. Tax Incentives for FIEs in Special Economic Zones
15. VAT Refunds for Domestic Firms on Purchases of Chinese-Made
Equipment
16. Central Government Provision of Rent for Less than Adequate
Remuneration (LTAR) and Waiver of Management Fees at the Zhanjiang
City Seafood Center
17. Central Government Provision of Cold Storage Services at the
Zhanjiang City Seafood Center for LTAR
18. Export Credit Insurance from Sinosure
Comment 1: Application of the CVD Law to the PRC
Comment 2: Simultaneous Application of CVD and Non-Market Economy
Measures
Comment 3: Proper ``Cut-Off'' Date to Apply in the Investigation
Comment 4: Whether the Department's Application of Section 771B of
the Act Improperly Attributes Subsidy Benefits to Shrimp Suppliers
Comment 5: Whether the ``Substantially Dependent'' Criterion under
Section 771B(1) of the Act is Satisfied
Comment 6: Whether the ``Limited Value'' Criterion Under Section
771B(2) of the Act is Satisfied
Comment 7: Whether the Department Applied Section 771B of the Act in
a Manner that Was Flawed
Comment 8: Denominator Used in Calculating the Net Subsidy Rate for
Programs in Which the Department Attributed Benefits to Unaffiliated
Farmers under Section 771B of the Act
Comment 9: Manner in Which the Department Conducted the 0.5 Percent
Test When Attributing Benefits to Unaffiliated Farmers under Section
771B of the Act
Comment 10: Whether the Guolian Companies Benefited from Subsidies
Received in Connection with the Zhanjiang City Seafood Center
Comment 11: Whether the Department Should Initiate Investigations of
Petitioner's Second Round of New Subsidy Allegations
Comment 12: Calculation of Guolian's Tax Exemption Benefit Using Tax
Payments Made During the POI
Comment 13: Whether the Department Made Ministerial Errors in the
Preliminary Determination That Should be Corrected for the Final
Determination
Comment 14: Whether the Department Should Countervail the Three
Grants
[[Page 50394]]
Reported at Verification and Whether the Department's Refusal to
Collect Benefit Information Regarding the Grants is Contrary to Past
Practice
Comment 15: Treatment of Additional Grants Received by the Guolian
Companies Not Addressed by the Department in the Preliminary
Determination
Comment 16: Whether to Apply AFA With Regard to the Export Buyer's
Credits from the China Ex-Im Bank Program
Comment 17: Whether the Export Seller's Credits from the China Ex-Im
Bank Program is Countervailable
Comment 18: Whether the GOC Provided Preferential Lending to the
Aquaculture Industry
Comment 19: Whether the Benchmark Used to Measure Benefits under the
Preferential Lending to the Aquaculture Industry Program is Flawed
Comment 20: Whether Tax Benefits under Article 28 of the Enterprise
Income Tax Law for High or New Technology Enterprises is Not
Countervailable Because It is Not Specific
Comment 21: Whether the Grants under the GOC White Shrimp Processing
Project are Specific
[FR Doc. 2013-20170 Filed 8-16-13; 8:45 am]
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