Frozen Warmwater Shrimp From Ecuador, India, Indonesia, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 85216-85217 [2023-26883]

Download as PDF 85216 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices Disclosure and Public Comment We will disclose to parties to this proceeding the calculations performed in reaching the preliminary results within five days of the date of publication of these preliminary results.10 Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs no later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.11 Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.12 As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.13 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).14 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days after the date of publication of this notice. Requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case and ddrumheller on DSK120RN23PROD with NOTICES1 10 See 19 CFR 351.224(b). 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) (APO and Final Service Rule). 12 See 19 351.309(c)(2) and (d)(2). 13 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 14 See APO and Final Service Rule. 11 See VerDate Sep<11>2014 20:23 Dec 06, 2023 Jkt 262001 rebuttal briefs.15 Parties are reminded that all briefs and hearing requests must be filed electronically using ACCESS and received successfully in their entirety by 5:00 p.m. Eastern Time on the due date. Final Results of Review Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, Commerce intends to issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days after publication of these preliminary results. Notification to Interested Parties This administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213. (Indonesia), and Adam Simons (the Socialist Republic of Vietnam (Vietnam)), AD/CVD Operations, Offices II, IV, V, and IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2638, (202) 482–3350, (202) 482–2517, and (202) 482–6172, respectively. SUPPLEMENTARY INFORMATION: Background On November 14, 2023, the U.S. Department of Commerce (Commerce) initiated countervailing duty investigations of imports of frozen warmwater shrimp from Ecuador, India, Indonesia, and Vietnam.1 Currently, the preliminary determinations are due no later than January 18, 2024. Dated: November 30, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Postponement of Preliminary Determinations Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires Appendix Commerce to issue the preliminary determination in a countervailing duty List of Topics Discussed in the investigation within 65 days after the Preliminary Decision Memorandum date on which Commerce initiated the I. Summary investigation. However, section II. Background 703(c)(1) of the Act permits Commerce III. Scope of the Order to postpone the preliminary IV. Rescission of Administrative Review, in determination until no later than 130 Part days after the date on which Commerce V. Rate for Non-Examined Companies initiated the investigation if: (A) the VI. Diversification of China’s Economy petitioner makes a timely request for a VII. Use of Facts Otherwise Available and Adverse Inferences postponement; or (B) Commerce VIII. Subsidies Valuation concludes that the parties concerned are IX. Benchmarks cooperating, that the investigation is X. Analysis of Programs extraordinarily complicated, and that XI. Recommendation additional time is necessary to make a [FR Doc. 2023–26861 Filed 12–6–23; 8:45 am] preliminary determination. Under 19 BILLING CODE 3510–DS–P CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date DEPARTMENT OF COMMERCE of the preliminary determination and must state the reasons for the request. International Trade Administration Commerce will grant the request unless [C–331–806, C–533–921, C–560–843, C–552– it finds compelling reasons to deny the 838] request. On November 27, 2023, the Frozen Warmwater Shrimp From petitioner 2 submitted a timely request Ecuador, India, Indonesia, and the to postpone the preliminary Socialist Republic of Vietnam: determinations in these investigations.3 Postponement of Preliminary The petitioner stated that postponement Determinations in the Countervailing of the preliminary determinations is Duty Investigations necessary because the current schedule does not provide adequate time for a AGENCY: Enforcement and Compliance, International Trade Administration, 1 See Frozen Warmwater Shrimp from Ecuador, Department of Commerce. India, Indonesia, and the Socialist Republic of DATES: Applicable December 7, 2023. Vietnam: Initiation of Countervailing Duty Investigations, 88 FR 81053 (November 21, 2023). FOR FURTHER INFORMATION CONTACT: 2 The petitioner is the American Shrimp Zachary Shaykin (Ecuador), Steven Processors Association. Seifert (India), Kelsie Hohenberger 3 See Petitioner’s Letter, ‘‘Request to Extend the 15 See PO 00000 Preliminary Determination,’’ dated November 27, 2023. 19 CFR 351.310. Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\07DEN1.SGM 07DEN1 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices complete analysis given the complexity of the issues in these cases and the number of subsidy programs under investigation in each.4 In accordance with 19 CFR 351.205(e), the petitioner has stated the reasons for requesting a postponement of the preliminary determinations, and Commerce finds there are no compelling reasons to deny the request. Therefore, in accordance with section 703(c)(1)(A) of the Act, Commerce is postponing the deadline for the preliminary determinations to no later than 130 days after the day on which these investigations were initiated, i.e., March 25, 2024.5 Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations of these investigations will continue to be 75 days after the date of the preliminary determinations. This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: December 1, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–26883 Filed 12–6–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–126] Non-Refillable Steel Cylinders From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2020– 2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that certain producers and/or exporters made sales of non-refillable steel cylinders (non-refillable cylinders) from the People’s Republic of China (China) at less than normal value, and one company had no shipments of subject merchandise during the period of review (POR), October 30, 2020, through April 30, 2022. ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: 4 Id. 5 Postponing the preliminary determination to 130 days after initiation would place the deadline on Saturday, March 23, 2024. Commerce’s practice dictates that where a deadline falls on a weekend or a federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). VerDate Sep<11>2014 21:09 Dec 06, 2023 Jkt 262001 Applicable December 7, 2023. Alex Cipolla, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4956. SUPPLEMENTARY INFORMATION: DATES: FOR FURTHER INFORMATION CONTACT: Background On June 6, 2023, Commerce published the Preliminary Results.1 We invited interested parties to comment on the Preliminary Results.2 For events subsequent to the Preliminary Results, see the Issues and Decision Memorandum.3 On September 22, 2023, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce extended the deadline for these final results until December 1, 2023.4 Scope of the Order 5 The products covered by this Order are certain seamed (welded or brazed), non-refillable steel cylinders meeting the requirements of, or produced to meet the requirements of, U.S. Department of Transportation (USDOT) Specification 39, TransportCanada Specification 39M, or United Nations pressure receptacle standard ISO 11118. A full description of the scope of the Order is provided in the Issues and Decision Memorandum. Analysis of Comments Received All issues raised by interested parties in briefs are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is provided in the appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty 1 See Non-Refillable Steel Cylinders from the People’s Republic of China: Preliminary Results and Preliminary Determination of No Shipments of the Antidumping Duty Administrative Review; 2020– 2022, 88 FR 37024 (June 6, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Preliminary Results, 88 FR at 37025. 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review of Certain Non-Refillable Steel Cylinders from the People’s Republic of China; 2020–2022,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Memorandum, ‘‘Extension of Deadline for Final Results of Antidumping Duty Administrative Review,’’ dated September 22, 2023. 5 See Certain Non-Refillable Steel Cylinders from the People’s Republic of China: Amended Final Antidumping Duty Determination and Antidumping Duty and Countervailing Duty Orders, 86 FR 25839 (May 11, 2021) (Order). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 85217 Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Changes Since the Preliminary Results Based on our analysis of the comments received from interested parties regarding our Preliminary Results, we made certain changes to the margin calculation for mandatory respondent Wuyi Xilinde Machinery Manufacture Co., Ltd. (Wuyi Xilinde), and consequently, the rate assigned to the non-examined separate rate respondents.6 For detailed information, see the Issues and Decision Memorandum. Final Determination of No Shipments In the Preliminary Results, we preliminarily determined that Zhejiang Kin-Shine Technology Co., Ltd. (Zhejiang Kin-Shine) had no shipments of subject merchandise to the United States during the POR.7 No party filed comments with respect to this preliminary determination, and we received no information to contradict it. Therefore, we continue to find that Zhejiang Kin-Shine had no shipments of subject merchandise during the POR and will issue appropriate liquidation instructions that are consistent with our ‘‘automatic assessment’’ instructions for these final results.8 Separate Rate Respondents In our Preliminary Results, we determined that Wuyi Xilinde, and two other companies demonstrated their eligibility for separate rates.9 We received no information or arguments since the issuance of the Preliminary Results that provide a basis for reconsideration of these determinations. Therefore, for these final results, we continue to find that the two companies listed in the table in the ‘‘Final Results’’ section of this notice are each eligible for a separate rate, in addition to Wuyi Xilinde. 6 See Memoranda, ‘‘Final Results Analysis Memorandum for Wuyi Xilinde Machinery Manufacture Co., Ltd.,’’ dated concurrently with this notice; and ‘‘Surrogate Values for the Final Results,’’ dated concurrently with this notice. 7 See Preliminary Results, 88 FR at 37025. 8 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 9 See Preliminary Results, 88 FR at 37025. E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85216-85217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26883]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-331-806, C-533-921, C-560-843, C-552-838]


Frozen Warmwater Shrimp From Ecuador, India, Indonesia, and the 
Socialist Republic of Vietnam: Postponement of Preliminary 
Determinations in the Countervailing Duty Investigations

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable December 7, 2023.

FOR FURTHER INFORMATION CONTACT: Zachary Shaykin (Ecuador), Steven 
Seifert (India), Kelsie Hohenberger (Indonesia), and Adam Simons (the 
Socialist Republic of Vietnam (Vietnam)), AD/CVD Operations, Offices 
II, IV, V, and IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2638, (202) 482-3350, 
(202) 482-2517, and (202) 482-6172, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On November 14, 2023, the U.S. Department of Commerce (Commerce) 
initiated countervailing duty investigations of imports of frozen 
warmwater shrimp from Ecuador, India, Indonesia, and Vietnam.\1\ 
Currently, the preliminary determinations are due no later than January 
18, 2024.
---------------------------------------------------------------------------

    \1\ See Frozen Warmwater Shrimp from Ecuador, India, Indonesia, 
and the Socialist Republic of Vietnam: Initiation of Countervailing 
Duty Investigations, 88 FR 81053 (November 21, 2023).
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Postponement of Preliminary Determinations

    Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), 
requires Commerce to issue the preliminary determination in a 
countervailing duty investigation within 65 days after the date on 
which Commerce initiated the investigation. However, section 703(c)(1) 
of the Act permits Commerce to postpone the preliminary determination 
until no later than 130 days after the date on which Commerce initiated 
the investigation if: (A) the petitioner makes a timely request for a 
postponement; or (B) Commerce concludes that the parties concerned are 
cooperating, that the investigation is extraordinarily complicated, and 
that additional time is necessary to make a preliminary determination. 
Under 19 CFR 351.205(e), the petitioner must submit a request for 
postponement 25 days or more before the scheduled date of the 
preliminary determination and must state the reasons for the request. 
Commerce will grant the request unless it finds compelling reasons to 
deny the request.
    On November 27, 2023, the petitioner \2\ submitted a timely request 
to postpone the preliminary determinations in these investigations.\3\ 
The petitioner stated that postponement of the preliminary 
determinations is necessary because the current schedule does not 
provide adequate time for a

[[Page 85217]]

complete analysis given the complexity of the issues in these cases and 
the number of subsidy programs under investigation in each.\4\
---------------------------------------------------------------------------

    \2\ The petitioner is the American Shrimp Processors 
Association.
    \3\ See Petitioner's Letter, ``Request to Extend the Preliminary 
Determination,'' dated November 27, 2023.
    \4\ Id.
---------------------------------------------------------------------------

    In accordance with 19 CFR 351.205(e), the petitioner has stated the 
reasons for requesting a postponement of the preliminary 
determinations, and Commerce finds there are no compelling reasons to 
deny the request. Therefore, in accordance with section 703(c)(1)(A) of 
the Act, Commerce is postponing the deadline for the preliminary 
determinations to no later than 130 days after the day on which these 
investigations were initiated, i.e., March 25, 2024.\5\ Pursuant to 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for 
the final determinations of these investigations will continue to be 75 
days after the date of the preliminary determinations.
---------------------------------------------------------------------------

    \5\ Postponing the preliminary determination to 130 days after 
initiation would place the deadline on Saturday, March 23, 2024. 
Commerce's practice dictates that where a deadline falls on a 
weekend or a federal holiday, the appropriate deadline is the next 
business day. See Notice of Clarification: Application of ``Next 
Business Day'' Rule for Administrative Determination Deadlines 
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 
2005).
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    This notice is issued and published pursuant to section 703(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: December 1, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-26883 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P

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