Frozen Warmwater Shrimp From India: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 22386-22388 [2024-06843]
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22386
Federal Register / Vol. 89, No. 63 / Monday, April 1, 2024 / Notices
Suspended Investigations
No Sunset Review of suspended
investigations is scheduled for initiation
in May 2024. Commerce’s procedures
for the conduct of Sunset Review are set
forth in 19 CFR 351.218. The Notice of
Initiation of Five-Year (Sunset) Review
provides further information regarding
what is required of all parties to
participate in Sunset Review.
Pursuant to 19 CFR 351.103(c),
Commerce will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact Commerce in writing within 10
days of the publication of the Notice of
Initiation.
Please note that if Commerce receives
a Notice of Intent to Participate from a
member of the domestic industry within
15 days of the date of initiation, the
review will continue.
Thereafter, any interested party
wishing to participate in the Sunset
Review must provide substantive
comments in response to the notice of
initiation no later than 30 days after the
date of initiation. Note that Commerce
has amended certain of its requirements
pertaining to the service of documents
in 19 CFR 351.303(f).1
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: March 27, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2024–06834 Filed 3–29–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–921]
Frozen Warmwater Shrimp From India:
Preliminary Affirmative Countervailing
Duty Determination, and Alignment of
Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of frozen
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
1 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023)
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17:17 Mar 29, 2024
Jkt 262001
warmwater shrimp (shrimp) from India.
The period of investigation is April 1,
2022, through March 31, 2023.
Interested parties are invited to
comment on this preliminary
determination.
DATES: Applicable April 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Steven Seifert or Benjamin Nathan, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3350 or (202) 482–3834,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). On November 21, 2023,
Commerce published in the Federal
Register the notice of initiation of this
investigation.1 On December 7, 2023,
Commerce postponed the preliminary
determination of this investigation until
March 25, 2024.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The product covered by this
investigation is shrimp from India. For
a complete description of the scope of
this investigation, see Appendix I.
1 See Frozen Warmwater Shrimp from Ecuador,
India, Indonesia, and the Socialist Republic of
Vietnam: Initiation of Countervailing Duty
Investigation, 88 FR 81053 (November 21, 2023)
(Initiation Notice).
2 See Frozen Warmwater Shrimp from Ecuador,
India, Indonesia, and the Socialist Republic of
Vietnam: Postponement of Preliminary
Determinations of Antidumping Duty
Investigations, 88 FR 85216 (December 7, 2023).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the
Countervailing Duty Investigation of Frozen
Warmwater Shrimp from India,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 in the
Initiation Notice Commerce set aside a
period of time for parties to raise issues
regarding product coverage (i.e., scope).5
No interested party commented on the
scope of the investigation as it appeared
in the Initiation Notice.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.6
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final countervailing duty (CVD)
determination in this investigation with
the final determinations in the
companion antidumping duty (AD)
investigations of shrimp from Ecuador
and Indonesia, based on a request made
by the petitioner.7 Consequently, the
final CVD determination will be issued
on the same date as the final AD
determinations, which are currently
scheduled to be issued no later than
August 5, 2024, unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that, in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
In this investigation, Commerce
preliminarily calculated individual
estimated countervailable subsidy rates
for Devi Sea Foods Limited (Devi) and
Sandhya Aqua Exports Pvt. Ltd.
(Sandhya) that are not zero, de minimis,
or based entirely on facts otherwise
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 88 FR at 81054.
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7 See Petitioner’s Letter, ‘‘Request for Alignment,’’
dated February 22, 2024. The petitioner is the
American Shrimp Processors Association.
E:\FR\FM\01APN1.SGM
01APN1
Federal Register / Vol. 89, No. 63 / Monday, April 1, 2024 / Notices
available. Commerce calculated the allothers rate using a weighted average of
the individual estimated subsidy rates
calculated for the examined respondents
using each company’s publicly-ranged
values for the merchandise under
consideration.8
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist: 9
Company
Subsidy rate
(percent
ad valorem)
Devi Sea Foods Limited;
Devi Seafoods Inc; Devee
Horizon LLP ......................
Sandhya Aqua Exports Pvt.
Ltd.; Neeli Sea Foods Private Limited; Vijay Aqua
Processors Private Limited; Neeli Aqua Farms .....
All Others ..............................
4.72
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Disclosure
Commerce intends to disclose its
calculations performed to interested
parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of publication of this notice
in the Federal Register in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
ddrumheller on DSK120RN23PROD with NOTICES1
Public Comment
Case briefs or other written comments
3.89 may be submitted to the Assistant
4.36 Secretary for Enforcement and
Compliance no later than seven days
Suspension of Liquidation
after the date on which the last
verification report is issued in this
In accordance with section
investigation. Rebuttal briefs, limited to
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and issues raised in the case briefs, may be
filed not later than five days after the
Border Protection (CBP) to suspend
date for filing case briefs.10 Interested
liquidation of entries of subject
parties
who submit case briefs or
merchandise as described in the scope
rebuttal briefs in this proceeding must
of the investigation section entered, or
submit: (1) a table of contents listing
withdrawn from warehouse, for
each issue; and (2) a table of
consumption on or after the date of
publication of this notice in the Federal authorities.11
As provided under 19 CFR
Register. Further, pursuant to 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
8 With two respondents under examination,
interested parties to provide an
Commerce normally calculates: (A) a weightedaverage of the estimated subsidy rates calculated for executive summary of their brief that
the examined respondents; (B) a simple average of
should be limited to five pages total,
the estimated subsidy rates calculated for the
including footnotes. In this
examined respondents; and (C) a weighted-average
investigation, we instead request that
of the estimated subsidy rates calculated for the
examined respondents using each company’s
interested parties provide at the
publicly-ranged U.S. sale values for the
beginning of their briefs a public,
merchandise under consideration. Commerce then
executive summary for each issue raised
compares (B) and (C) to (A) and selects the rate
in their briefs.12 Further, we request that
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
interested parties limit their executive
Bearings and Parts Thereof from France, Germany,
summary of each issue to no more than
Italy, Japan, and the United Kingdom: Final Results
450 words, not including citations. We
of Antidumping Duty Administrative Reviews, Final
intend to use the executive summaries
Results of Changed-Circumstances Review, and
as the basis of the comment summaries
Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and
included in the issues and decision
Decision Memorandum at Comment 1. Commerce
memorandum that will accompany the
based the all-others rate on the publicly ranged
final determination in this investigation.
sales data of the mandatory respondents. For a
We request that interested parties
complete analysis of the data, see the All-Others
Rate Calculation Memorandum.
include footnotes for relevant citations
9 As discussed in the Preliminary Decision
in the executive summary of each issue.
Memorandum, Commerce has found the following
companies to be cross-owned with Sandhya: Neeli
Sea Foods Private Limited, Vijay Aqua Processors
Private Limited, and Neeli Aqua Farms. Commerce
further found the following companies to be crossowned with Devi: Devee Horizon LLP, and Devi
Seafoods Inc. See Memoranda, ‘‘Preliminary
Determination Calculations for Sandhya Aqua
Exports Private Limited,’’ dated concurrently with
this notice, and ‘‘Preliminary Determination
Calculations for Devi Sea Foods Limited,’’
respectively, at Cross Ownership.
VerDate Sep<11>2014
17:17 Mar 29, 2024
Jkt 262001
10 See 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
Service Final Rule).
11 See 19 CFR 351.309(c)(2) and (d)(2)
12 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
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22387
Note that Commerce has amended
certain of its requirements pertaining to
the service of documents in 19 CFR
351.303(f).13
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, 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 the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made,
Commerce intends to hold the hearing
at a time and date to be determined.14
Parties should confirm by telephone the
date, time, and location of the hearing
two days before the scheduled date.
U.S. International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, the ITC
will determine before the later of 120
days after the date of this preliminary
determination or 45 days after the final
determination whether imports of
shrimp from India are materially
injuring, or threaten material injury to,
the U.S. industry.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: March 25, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I—Scope of the Investigation
The scope of this investigation includes
certain frozen warmwater shrimp and prawns
whether wild-caught (ocean harvested) or
farm-raised (produced by aquaculture), headon 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.
‘‘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
13 See
14 See
E:\FR\FM\01APN1.SGM
APO and Service Final Rule.
19 CFR 351.310(d).
01APN1
ddrumheller on DSK120RN23PROD with NOTICES1
22388
Federal Register / Vol. 89, No. 63 / Monday, April 1, 2024 / Notices
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,
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 (HTSUS subheading
1605.20.10.20); (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 (HTSUS subheadings 0306.36.0020
and 0306.36.0040); (4) shrimp and prawns in
prepared meals (HTSUS subheading
1605.20.05.10); (5) dried shrimp and prawns;
(6) canned warmwater shrimp and prawns
(HTSUS subheading 1605.20.10.40); (7)
certain dusted shrimp; and (8) certain
battered shrimp. Dusted shrimp is a shrimpbased 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 nonshrimp
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 IQF
freezing immediately after application of the
dusting layer. Battered shrimp is a shrimpbased product that, when dusted in
accordance with the definition of dusting
above, is coated with a wet viscous layer
containing egg and/or milk, and par-fried.
The products covered by the scope are
currently classified under the following
HTSUS subheadings: 0306.17.0004,
0306.17.0005, 0306.17.0007, 0306.17.0008,
0306.17.0010, 0306.17.0011, 0306.17.0013,
0306.17.0014, 0306.17.0016, 0306.17.0017,
0306.17.0019, 0306.17.0020, 0306.17.0022,
0306.17.0023, 0306.17.0025, 0306.17.0026,
0306.17.0028, 0306.17.0029, 0306.17.0041,
0306.17.0042, 1605.21.1030, and
1605.29.1010. These HTSUS subheadings are
provided for convenience and for customs
purposes only and are not dispositive, but
rather the written description of the scope is
dispositive.
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17:17 Mar 29, 2024
Jkt 262001
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024–06843 Filed 3–29–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–830]
Carbon and Certain Alloy Steel Wire
Rod From Mexico: Final Results and
Partial Rescission of the Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
producers/exporters subject to this
review made sales of subject
merchandise at less than normal value
(NV) during the period of review (POR)
October 1, 2021, through September 30,
2022.
DATES: Applicable April 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Matthew Palmer, 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) 482–2352 and (202) 482–1678,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On November 7, 2023, Commerce
published the Preliminary Results for
this administrative review and invited
interested parties to comment.1 This
review covers two mandatory
respondents selected for individual
examination, ArcelorMittal Mexico S.A.
de C.V. (AMM) and Deacero S.A.P.I de
C.V. (Deacero).
From November 13 through 17, 2023,
we conducted a verification of sales of
certain alloy steel wire rod (wire rod)
1 See Carbon and Certain Alloy Steel Wire Rod
from Mexico: Preliminary Results of Antidumping
Duty Administrative Review; 2021–2022, 88 FR
76727 (November 7, 2023) (Preliminary Results),
and accompanying Preliminary Decision
Memorandum (PDM).
PO 00000
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Fmt 4703
Sfmt 4703
from Mexico for Deacero in Monterrey,
Mexico. On January 29, 2024, we
received a case brief from Nucor
Corporation and Commercial Metal
Company (collectively, Nucor/CMC),2
and, subsequently, on February 5, 2024,
we received a rebuttal brief from
Deacero.3 A complete summary of the
events that occurred since publication
of the Preliminary Results is found in
the Issues and Decision Memorandum.4
Commerce conducted this review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Partial Rescission
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review. On
March 6, 2023, Nucor/CMC withdrew
their requests for review by the 90-day
deadline for: AMM; Grupo Villacero S.A
de C.V. (Villacero); Talleres y Aceros
S.A. de C.V (Talleres y Aceros); and
Ternium Mexico S.A. de C.V.
(Ternium).5 Nucor/CMC’s request for
review of Villacero, Talleres y Aceros,
and Ternium reflected the sole review
request with respect to each firm;
accordingly, we are rescinding this
administrative review with respect to
Villacero, Talleres y Aceros, and
Ternium.
Scope of the Order 6
The merchandise subject to the Order
is wire rod, in coils, of approximately
round cross section, 5.00 mm or more,
but less than 19.00 mm, in solid crosssectional diameter. The subject
merchandise is classifiable in the
Harmonized Tariff Schedule of the
United States (HTSUS) primarily under
the subheadings: 7213.91.3000,
7213.91.3010, 7213.91.3011,
7213.91.3015, 7213.91.3020,
7213.91.3090, 7213.91.3091,
7213.91.3092, 7213.91.3093,
7213.91.4500, 7213.91.4510,
2 See Nucor/CMC’s Letter, ‘‘Case Brief,’’ dated
January 29, 2024.
3 See Deacero’s Letter, ‘‘Rebuttal Brief,’’ dated
February 5, 2024.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of Antidumping
Duty Administrative Review: Carbon and Certain
Alloy Steel Wire Rod from Mexico; 2021–2022,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
5 See Nucor/CMC’s Letter, ‘‘Partial Withdrawal of
Request for Administrative Review,’’ dated March
6, 2023.
6 See Notice of Antidumping Duty Orders: Carbon
and Certain Alloy Steel Wire Rod from Brazil,
Indonesia, Mexico, Moldova, Trinidad and Tobago,
and Ukraine, 67 FR 65945 (October 29, 2002)
(Order).
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01APN1
]]>Agencies
[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Notices]
[Pages 22386-22388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06843]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-921]
Frozen Warmwater Shrimp From India: Preliminary Affirmative
Countervailing Duty Determination, and Alignment of Final Determination
With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of frozen warmwater shrimp (shrimp) from India.
The period of investigation is April 1, 2022, through March 31, 2023.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable April 1, 2024.
FOR FURTHER INFORMATION CONTACT: Steven Seifert or Benjamin Nathan, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3350 or (202)
482-3834, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). On November 21,
2023, Commerce published in the Federal Register the notice of
initiation of this investigation.\1\ On December 7, 2023, Commerce
postponed the preliminary determination of this investigation until
March 25, 2024.\2\
---------------------------------------------------------------------------
\1\ See Frozen Warmwater Shrimp from Ecuador, India, Indonesia,
and the Socialist Republic of Vietnam: Initiation of Countervailing
Duty Investigation, 88 FR 81053 (November 21, 2023) (Initiation
Notice).
\2\ See Frozen Warmwater Shrimp from Ecuador, India, Indonesia,
and the Socialist Republic of Vietnam: Postponement of Preliminary
Determinations of Antidumping Duty Investigations, 88 FR 85216
(December 7, 2023).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the Countervailing Duty Investigation of Frozen
Warmwater Shrimp from India,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is shrimp from India. For
a complete description of the scope of this investigation, see Appendix
I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ in
the Initiation Notice Commerce set aside a period of time for parties
to raise issues regarding product coverage (i.e., scope).\5\ No
interested party commented on the scope of the investigation as it
appeared in the Initiation Notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 88 FR at 81054.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\6\
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final countervailing duty (CVD) determination in this
investigation with the final determinations in the companion
antidumping duty (AD) investigations of shrimp from Ecuador and
Indonesia, based on a request made by the petitioner.\7\ Consequently,
the final CVD determination will be issued on the same date as the
final AD determinations, which are currently scheduled to be issued no
later than August 5, 2024, unless postponed.
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\7\ See Petitioner's Letter, ``Request for Alignment,'' dated
February 22, 2024. The petitioner is the American Shrimp Processors
Association.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that, in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
In this investigation, Commerce preliminarily calculated individual
estimated countervailable subsidy rates for Devi Sea Foods Limited
(Devi) and Sandhya Aqua Exports Pvt. Ltd. (Sandhya) that are not zero,
de minimis, or based entirely on facts otherwise
[[Page 22387]]
available. Commerce calculated the all-others rate using a weighted
average of the individual estimated subsidy rates calculated for the
examined respondents using each company's publicly-ranged values for
the merchandise under consideration.\8\
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\8\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and Decision Memorandum
at Comment 1. Commerce based the all-others rate on the publicly
ranged sales data of the mandatory respondents. For a complete
analysis of the data, see the All-Others Rate Calculation
Memorandum.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist: \9\
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\9\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Sandhya: Neeli Sea Foods Private Limited, Vijay Aqua Processors
Private Limited, and Neeli Aqua Farms. Commerce further found the
following companies to be cross-owned with Devi: Devee Horizon LLP,
and Devi Seafoods Inc. See Memoranda, ``Preliminary Determination
Calculations for Sandhya Aqua Exports Private Limited,'' dated
concurrently with this notice, and ``Preliminary Determination
Calculations for Devi Sea Foods Limited,'' respectively, at Cross
Ownership.
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Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Devi Sea Foods Limited; Devi Seafoods Inc; Devee Horizon 4.72
LLP....................................................
Sandhya Aqua Exports Pvt. Ltd.; Neeli Sea Foods Private 3.89
Limited; Vijay Aqua Processors Private Limited; Neeli
Aqua Farms.............................................
All Others.............................................. 4.36
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Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations performed to
interested parties in this preliminary determination within five days
of its public announcement, or if there is no public announcement,
within five days of the date of publication of this notice in the
Federal Register in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. 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.\10\ 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.\11\
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\10\ See 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 Service Final Rule).
\11\ See 19 CFR 351.309(c)(2) and (d)(2)
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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 investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\12\
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 determination in this investigation. 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).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, 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
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. Oral presentations at the hearing will
be limited to issues raised in the briefs. If a request for a hearing
is made, Commerce intends to hold the hearing at a time and date to be
determined.\14\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\14\ See 19 CFR 351.310(d).
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U.S. International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its determination. If
the final determination is affirmative, the ITC will determine before
the later of 120 days after the date of this preliminary determination
or 45 days after the final determination whether imports of shrimp from
India are materially injuring, or threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: March 25, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The scope of this investigation includes 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. ``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
[[Page 22388]]
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,
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
(HTSUS subheading 1605.20.10.20); (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 (HTSUS subheadings 0306.36.0020
and 0306.36.0040); (4) shrimp and prawns in prepared meals (HTSUS
subheading 1605.20.05.10); (5) dried shrimp and prawns; (6) canned
warmwater shrimp and prawns (HTSUS subheading 1605.20.10.40); (7)
certain dusted shrimp; and (8) certain battered shrimp. Dusted
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
nonshrimp 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 IQF freezing
immediately after application of the dusting layer. Battered shrimp
is a shrimp-based product that, when dusted in accordance with the
definition of dusting above, is coated with a wet viscous layer
containing egg and/or milk, and par-fried.
The products covered by the scope are currently classified under
the following HTSUS subheadings: 0306.17.0004, 0306.17.0005,
0306.17.0007, 0306.17.0008, 0306.17.0010, 0306.17.0011,
0306.17.0013, 0306.17.0014, 0306.17.0016, 0306.17.0017,
0306.17.0019, 0306.17.0020, 0306.17.0022, 0306.17.0023,
0306.17.0025, 0306.17.0026, 0306.17.0028, 0306.17.0029,
0306.17.0041, 0306.17.0042, 1605.21.1030, and 1605.29.1010. 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 Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024-06843 Filed 3-29-24; 8:45 am]
BILLING CODE 3510-DS-P
