Frozen Warmwater Shrimp From Indonesia: Preliminary Negative Countervailing Duty Determination, and Alignment of Final Determination With the Final Antidumping Duty Determination, 22383-22385 [2024-06844]
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Federal Register / Vol. 89, No. 63 / Monday, April 1, 2024 / Notices
also may contain: (1) ‘‘upholstery,’’ the
material between the core and the top panel
of the ticking on a single-sided mattress, or
between the core and the top and bottom
panel of the ticking on a double-sided
mattress; and/or (2) ‘‘ticking,’’ the outermost
layer of fabric or other material (e.g., vinyl)
that encloses the core and any upholstery,
also known as a cover.
The scope of this investigation is restricted
to only ‘‘adult mattresses’’ and ‘‘youth
mattresses.’’ ‘‘Adult mattresses’’ are
frequently described as ‘‘twin,’’ ‘‘extra-long
twin,’’ ‘‘full,’’ ‘‘queen,’’ ‘‘king,’’ or ‘‘California
king’’ mattresses. ‘‘Youth mattresses’’ are
typically described as ‘‘crib,’’ ‘‘toddler,’’ or
‘‘youth’’ mattresses. All adult and youth
mattresses are included regardless of size and
size description or how they are described
(e.g., frameless futon mattress and tri-fold
mattress).
The scope encompasses all types of
‘‘innerspring mattresses,’’ ‘‘non-innerspring
mattresses,’’ and ‘‘hybrid mattresses.’’
‘‘Innerspring mattresses’’ contain
innersprings, a series of metal springs joined
together in sizes that correspond to the
dimensions of mattresses. Mattresses that
contain innersprings are referred to as
‘‘innerspring mattresses’’ or ‘‘hybrid
mattresses.’’ ‘‘Hybrid mattresses’’ contain two
or more support systems as the core, such as
layers of both memory foam and innerspring
units.
‘‘Non-innerspring mattresses’’ are those
that do not contain any innerspring units.
They are generally produced from foams
(e.g., polyurethane, memory (viscoelastic),
latex foam, gel infused viscoelastic (gel
foam), thermobonded polyester,
polyethylene) or other resilient filling.
Mattresses covered by the scope of this
investigation may be imported
independently, as part of furniture or
furniture mechanisms (e.g., convertible sofa
bed mattresses, sofa bed mattresses imported
with sofa bed mechanisms, corner group
mattresses, day-bed mattresses, roll-away bed
mattresses, high risers, trundle bed
mattresses, crib mattresses), or as part of a set
(in combination with a ‘‘mattress
foundation’’). ‘‘Mattress foundations’’ are any
base or support for a mattress. Mattress
foundations are commonly referred to as
‘‘foundations,’’ ‘‘boxsprings,’’ ‘‘platforms,’’
and/or ‘‘bases.’’ Bases can be static, foldable,
or adjustable. Only the mattress is covered by
the scope if imported as part of furniture,
with furniture mechanisms, or as part of a
set, in combination with a mattress
foundation.
Excluded from the scope of this
investigation are ‘‘futon’’ mattresses. A
‘‘futon’’ is a bi-fold frame made of wood,
metal, or plastic material, or any combination
thereof, that functions as both seating
furniture (such as a couch, love seat, or sofa)
and a bed. A ‘‘futon mattress’’ is a tufted
mattress, where the top covering is secured
to the bottom with thread that goes
completely through the mattress from the top
through to the bottom, and it does not
contain innersprings or foam. A futon
mattress is both the bed and seating surface
for the futon.
Also excluded from the scope are airbeds
(including inflatable mattresses) and
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waterbeds, which consist of air- or liquidfilled bladders as the core or main support
system of the mattress.
Also excluded is certain multifunctional
furniture that is convertible from seating to
sleeping, regardless of filler material or
components, where such filler material or
components are upholstered, integrated into
the design and construction of, and
inseparable from, the furniture framing, and
the outermost layer of the multifunctional
furniture converts into the sleeping surface.
Such furniture may, and without limitation,
be commonly referred to as ‘‘convertible
sofas,’’ ‘‘sofabeds,’’ ‘‘sofa chaise sleepers,’’
‘‘futons,’’ ‘‘ottoman sleepers,’’ or a like
description.
Also excluded from the scope of this
investigation are any products covered by the
existing antidumping duty orders on
uncovered innerspring units from the
People’s Republic of China, South Africa,
and the Socialist Republic of Vietnam. See
Uncovered Innerspring Units from the
People’s Republic of China, South Africa,
and Socialist Republic of Vietnam:
Continuation of Antidumping Duty Orders,
84 FR 55285 (October 16, 2019).
Also excluded from the scope of this
investigation are bassinet pads with a
nominal length of less than 39 inches, a
nominal width of less than 25 inches, and a
nominal depth of less than 2 inches.
Additionally, also excluded from the scope
of this investigation are ‘‘mattress toppers.’’
A ‘‘mattress topper’’ is a removable bedding
accessory that supplements a mattress by
providing an additional layer that is placed
on top of a mattress. Excluded mattress
toppers have a height of four inches or less.
The products subject to this investigation
are currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS)
subheadings: 9404.21.0010, 9404.21.0013,
9404.21.0095, 9404.29.1005, 9404.29.1013,
9404.29.1095, 9404.29.9085, 9404.29.9087,
and 9404.29.9095. Products subject to this
investigation may also enter under HTSUS
subheadings: 9401.41.0000, 9401.49.0000,
and 9401.99.9081. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the merchandise subject to this
investigation is dispositive.
[FR Doc. 2024–06794 Filed 3–29–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
22383
determines that countervailable
subsidies are not being provided to
producers and exporters of frozen
warmwater shrimp (shrimp) from
Indonesia. The period of investigation
(POI) is January 1, 2022, through
December 31, 2022. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable April 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Kelsie Hohenberger, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2517.
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 until March 25, 2024.2
For a complete description of 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 Indonesia.
For a complete description of the scope
of this investigation, see Appendix I.
[C–560–843]
Frozen Warmwater Shrimp From
Indonesia: Preliminary Negative
Countervailing Duty Determination,
and Alignment of Final Determination
With the Final Antidumping Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
AGENCY:
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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).
2 See Frozen Warmwater Shrimp from Ecuador,
India, Indonesia, and the Socialist Republic of
Vietnam: Postponement of Preliminary
Determinations in the Countervailing Duty
Investigations, 88 FR 85216 (December 7, 2023).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Negative Determination of the
Countervailing Duty Investigation of Frozen
Warmwater Shrimp from Indonesia,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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22384
Federal Register / Vol. 89, No. 63 / Monday, April 1, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
Scope Comments
Subsidy rate
Company
(percent
In accordance with the Preamble to
ad valorem)
Commerce’s regulations,4 in the
Initiation Notice, Commerce set aside a
PT Bahari Makmur Sejati 8 .......
* 0.39
period of time for parties to raise issues
PT First Marine Seafoods 9 ......
* 0.71
regarding product coverage (i.e., scope).5
de minimis.
No interested party commented on the
Consistent with section 703(d) of the
scope of the investigation as it appeared
Act, Commerce has not calculated an
in the Initiate Notice.
estimated weighted-average subsidy rate
Methodology
for all other producers and exporters
Commerce is conducting this
because it has not made an affirmative
investigation in accordance with section preliminary determination.
701 of the Act. For each subsidy
Suspension of Liquidation
program found to be countervailable,
Because Commerce preliminarily
Commerce preliminarily determines
determines that countervailable
that there is a subsidy, i.e., a financial
subsidies are not being provided to the
contribution by an ‘‘authority’’ that
production or exportation of subject
gives rise to a benefit to the recipient,
merchandise, Commerce will not direct
and that the subsidy is specific.6 For a
U.S. Customs and Border Protection to
full description of the methodology
suspend liquidation of any such entries.
underlying our preliminary
determination, see the Preliminary
Disclosure
Decision Memorandum.
Commerce intends to disclose its
Alignment
calculations and analysis performed to
interested parties in this preliminary
As noted in the Preliminary Decision
determination within five days of its
Memorandum, in accordance with
public announcement, or if there is no
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the public announcement, within five days
of the date of publication of this notice
final countervailing duty (CVD)
determination in this investigation with in the Federal Register, in accordance
with 19 CFR 351.224(b).
the final determination in the
concurrent antidumping duty (AD)
Verification
investigations of shrimp from Ecuador
As provided in section 782(i)(1) of the
and Indonesia, based on a request made
Act, Commerce intends to verify the
by the petitioner.7 Consequently, the
information relied upon in making its
final CVD determination will be issued
final determination.
on the same date as the final AD
determinations, which are currently
Public Comment
scheduled to be issued no later than
Case briefs or other written comments
August 5, 2024, unless postponed.
may be submitted to the Assistant
Preliminary Determination
Secretary for Enforcement and
Compliance no later than seven days
For this preliminary determination,
after the date on which the last
Commerce calculated de minimis
verification report is issued in this
estimated countervailable subsidies for
investigation. Rebuttal briefs, limited to
each individually examined producer/
issues raised in the case briefs, may be
exporter of the subject merchandise.
filed not later than five days after the
Consistent with section 703(b)(4)(A) of
date for filing case briefs.10 Interested
the Act, Commerce is disregarding the
parties
who submit case briefs or
de minimis rates, and we preliminarily
determine that countervailable subsidies rebuttal briefs in this proceeding must
submit: (1) a table of contents listing
are not being provided to producers/
each issue; and (2) a table of
exporters of the subject merchandise in
authorities.11
Indonesia.
Commerce preliminarily determines
8 As discussed in the Preliminary Decision
that the following estimated
Memorandum, Commerce preliminarily determined
countervailable subsidy rates exist:
that PT Bahari Makmur Sejati is cross-owned with
4 See
Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
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.
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PT International Packaging Manufacturing and PT
Total Pack Indonesia.
9 As discussed in the Preliminary Decision
Memorandum, Commerce preliminarily determined
that PT First Marine Seafoods is cross-owned with
PT Khom Foods.
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).
PO 00000
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As provided in 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
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 75 days after the final
determination whether imports of
shrimp from Indonesia are materially
injuring, or threaten material injury to,
the U.S. industry.
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.
14 See 19 CFR 351.310(d).
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Federal Register / Vol. 89, No. 63 / Monday, April 1, 2024 / Notices
Notification to Interested Parties
This determination is issued and
published in accordance with 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
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
1605.21.1020); (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 subheadings
1605.21.0500 and 1605.29.0500); (5) dried
shrimp and prawns; (6) canned warmwater
shrimp and prawns (HTSUS subheading
1605.29.1040); and (7) certain battered
shrimp. 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 ten 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 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
22385
II. Background
III. Scope Comments
IV Scope of the Investigation
V. Injury Test
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024–06844 Filed 3–29–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Advance Notification of
Sunset Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Background
Every five years, pursuant to the Tariff
Act of 1930, as amended (the Act), the
U.S. Department of Commerce
(Commerce) and the International Trade
Commission automatically initiate and
conduct reviews to determine whether
revocation of a countervailing or
antidumping duty order or termination
of an investigation suspended under
section 704 or 734 of the Act would be
likely to lead to continuation or
recurrence of dumping or a
countervailable subsidy (as the case may
be) and of material injury.
Upcoming Sunset Reviews for May
2024
Pursuant to section 751(c) of the Act,
the following Sunset Reviews are
scheduled for initiation in May 2024
and will appear in that month’s Notice
of Initiation of Five-Year Sunset Reviews
(Sunset Review).
ddrumheller on DSK120RN23PROD with NOTICES1
Department contact
Antidumping Duty Proceedings
Circular Welded Carbon-Quality Steel Pipe from China, A–570–910 (1st Review) .................................
Glycine from India, A–533–883 (1st Review) ............................................................................................
Glycine from Japan, A–588–878 (1st Review) ..........................................................................................
Glycine from Thailand, A–549–837 (1st Review) ......................................................................................
Laminated Woven Sacks from Vietnam, A–552–823 (1st Review) ..........................................................
Silicomanganese from India, A–533–823 (4th Review) ............................................................................
Silicomanganese from Kazakhstan, A–834–807 (4th Review) .................................................................
Silicomanganese from Venezuela, A–307–820 (4th Review) ...................................................................
Thomas Martin, (202) 482–3936.
Mary Kolberg, (202) 482–1785.
Mary Kolberg, (202) 482–1785.
Mary Kolberg, (202) 482–1785.
Thomas Martin, (202) 482–3936.
Jacqueline Arrowsmith, (202) 482–5255.
Jacqueline Arrowsmith, (202) 482–5255.
Jacqueline Arrowsmith, (202) 482–5255.
Countervailing Duty Proceedings
Circular Welded Carbon-Quality Steel Pipe from China, C–570–911 (1st Review) .................................
Glycine from China, C–570–081 (1st Review) ..........................................................................................
Glycine from India, C–533–884 (1st Review) ............................................................................................
Laminated Woven Sacks from Vietnam, C–552–824 (1st Review) ..........................................................
Mary Kolberg, (202) 482–1785.
Jacqueline Arrowsmith, (202) 482–5255.
Jacqueline Arrowsmith, (202) 482–5255.
Thomas Martin, (202) 482–3936.
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]]>Agencies
[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Notices]
[Pages 22383-22385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06844]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-560-843]
Frozen Warmwater Shrimp From Indonesia: Preliminary Negative
Countervailing Duty Determination, and Alignment of Final Determination
With the 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 not being provided to
producers and exporters of frozen warmwater shrimp (shrimp) from
Indonesia. The period of investigation (POI) is January 1, 2022,
through December 31, 2022. Interested parties are invited to comment on
this preliminary determination.
DATES: Applicable April 1, 2024.
FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2517.
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 until March 25, 2024.\2\
---------------------------------------------------------------------------
\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).
\2\ See Frozen Warmwater Shrimp from Ecuador, India, Indonesia,
and the Socialist Republic of Vietnam: Postponement of Preliminary
Determinations in the Countervailing Duty Investigations, 88 FR
85216 (December 7, 2023).
---------------------------------------------------------------------------
For a complete description of 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
Negative Determination of the Countervailing Duty Investigation of
Frozen Warmwater Shrimp from Indonesia,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Investigation
The product covered by this investigation is shrimp from Indonesia.
For a complete description of the scope of this investigation, see
Appendix I.
[[Page 22384]]
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 Initiate Notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 88 FR at 81054.
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Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each subsidy program found to be
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\ For a full description of the methodology underlying our
preliminary determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\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 determination in the concurrent
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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Preliminary Determination
For this preliminary determination, Commerce calculated de minimis
estimated countervailable subsidies for each individually examined
producer/exporter of the subject merchandise. Consistent with section
703(b)(4)(A) of the Act, Commerce is disregarding the de minimis rates,
and we preliminarily determine that countervailable subsidies are not
being provided to producers/exporters of the subject merchandise in
Indonesia.
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
rate
Company (percent ad
valorem)
------------------------------------------------------------------------
PT Bahari Makmur Sejati \8\................................ * 0.39
PT First Marine Seafoods \9\............................... * 0.71
------------------------------------------------------------------------
de minimis.
Consistent with section 703(d) of the Act, Commerce has not
calculated an estimated weighted-average subsidy rate for all other
producers and exporters because it has not made an affirmative
preliminary determination.
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\8\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily determined that PT Bahari Makmur Sejati is
cross-owned with PT International Packaging Manufacturing and PT
Total Pack Indonesia.
\9\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily determined that PT First Marine Seafoods is
cross-owned with PT Khom Foods.
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Suspension of Liquidation
Because Commerce preliminarily determines that countervailable
subsidies are not being provided to the production or exportation of
subject merchandise, Commerce will not direct U.S. Customs and Border
Protection to suspend liquidation of any such entries.
Disclosure
Commerce intends to disclose its calculations and analysis
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 in 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 75 days
after the final determination whether imports of shrimp from Indonesia
are materially injuring, or threaten material injury to, the U.S.
industry.
[[Page 22385]]
Notification to Interested Parties
This determination is issued and published in accordance with
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
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 1605.21.1020); (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
subheadings 1605.21.0500 and 1605.29.0500); (5) dried shrimp and
prawns; (6) canned warmwater shrimp and prawns (HTSUS subheading
1605.29.1040); and (7) certain battered shrimp. 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 ten 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 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. 2024-06844 Filed 3-29-24; 8:45 am]
BILLING CODE 3510-DS-P
