Frozen Warmwater Shrimp From Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 46861-46864 [2024-11899]
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Federal Register / Vol. 89, No. 105 / Thursday, May 30, 2024 / Notices
Currently, the preliminary
determinations are due no later than
June 21, 2024.
ddrumheller on DSK120RN23PROD with NOTICES1
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 May 17, 2024, the petitioners 2
submitted a timely request that
Commerce postpone the preliminary
CVD determinations with respect to
Brazil, Kazakhstan, and Malaysia.3 The
petitioners stated that they request
postponement because, due to the
number and nature of the subsidy
programs, the normal 65-day deadline
for the preliminary determinations
would not provide sufficient time for
Commerce to adequately examine the
amount of subsidies that producers and
exporters of subject merchandise in
Brazil, Kazakhstan, and Malaysia may
have received.4
In accordance with 19 CFR
351.205(e), the petitioners stated the
reasons for requesting a postponement
of the preliminary determination, and
Commerce finds no compelling reason
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 date on which these
2 The
petitioners are CC Metals and Alloys, LLC
and Ferroglobe USA, Inc.
3 See Petitioners’ Letter, ‘‘Petitioner’s Request to
Postpone the Deadline for the Preliminary
Determination,’’ dated May 17, 2024. The
petitioners did not request a postponement of the
CVD investigation with respect to ferrosilicon from
Russia.
4 Id. at 2.
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investigations were initiated, i.e.,
August 26, 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: May 23, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–11908 Filed 5–29–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–842]
Frozen Warmwater Shrimp From
Indonesia: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that frozen warmwater
shrimp (shrimp) from Indonesia is
being, or likely to be, sold in the United
States at less than fair value (LTFV). The
period of investigation (POI) is October
1, 2022, through September 30, 2023.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable May 30, 2024.
FOR FURTHER INFORMATION CONTACT:
Rachel Jennings or Miranda Bourdeau,
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) 482–1110 or
(202) 482–2021, respectively.
SUPPLEMENTARY INFORMATION:
5 Postponing the preliminary determination to
130 days after initiation would place the deadline
on Sunday, August 25, 2024. Commerce’s practice
dictates that where a deadline falls on a weekend
or 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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Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on November 21, 2023.1 On March 7,
2024, Commerce postponed the
preliminary determination of this
investigation until May 22, 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
included 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.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice 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. Commerce is not
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the scope in Appendix I to
this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
1 See Frozen Warmwater Shrimp from Ecuador
and Indonesia: Initiation of Less-Than-Fair-Value
Investigations, 88 FR 81043 (November 21, 2023)
(Initiation Notice).
2 See Frozen Warmwater Shrimp from Ecuador
and Indonesia: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value
Investigations, 89 FR 16535 (March 7, 2024).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Frozen
Warmwater Shrimp from Indonesia’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
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731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Normal
value is calculated in accordance with
section 773 of the Act. In addition,
Commerce has relied on partial facts
available under section 776(a)(1) of the
Act for PT First Marine Seafoods and PT
Khom Foods (collectively, First Marine/
Khom Foods).6 For a full description of
the methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondents listed
All-Others Rate
above will be equal to the companySections 733(d)(1)(ii) and 735(c)(5)(A) specific estimated weighted-average
dumping margins determined in this
of the Act provide that in the
preliminary determination; (2) if the
preliminary determination Commerce
exporter is not a respondent identified
shall determine an estimated all-others
above, but the producer is, then the cash
rate for all exporters and producers not
deposit rate will be equal to the
individually examined. This rate shall
company-specific estimated weightedbe an amount equal to the weighted
average dumping margin established for
average of the estimated weightedthat producer of the subject
average dumping margins established
merchandise except as explained below;
for exporters and producers
individually investigated, excluding any and (3) the cash deposit rate for all other
producers and exporters will be equal to
zero and de minimis margins, and any
the all-others estimated weightedmargins determined entirely under
average dumping margin.
section 776 of the Act. In this
Because the estimated weightedinvestigation, Commerce preliminarily
average dumping margin for BMS is
calculated a zero rate for PT Bahari
zero or de minimis, entries of shipments
Makmur Sejati (BMS). Therefore, the
of subject merchandise from BMS will
only rate that is not zero, de minimis or
not be subject to suspension of
based entirely on facts otherwise
liquidation or cash deposit requirements
available is the rate calculated for First
Marine/Khom Foods. Consequently, the during the provisional measures period.
In such situations, Commerce applies
rate calculated for First Marine/Khom
the exclusion to the provisional
Foods is also assigned as the rate for all
measures to the producer/exporter
other producers and exporters.
combination that was examined in the
Preliminary Determination
investigation. Accordingly, Commerce is
directing CBP not to suspend
Commerce preliminarily determines
liquidation of entries of subject
that the following estimated weightedmerchandise produced and exported by
average dumping margins exist:
BMS. Entries of shipments of subject
merchandise from these companies in
Weightedany other producer/exporter
average
combination, or by third parties that
Exporter/producer
dumping
margin
sourced subject merchandise from the
7
(percent)
excluded producer/exporter
PT Bahari Makmur Sejati ...........
0.00 combination, are subject to the
provisional measures at the all-others
PT First Marine Seafoods; PT
Khom Foods ............................
6.30 rate.
Should the final estimated weightedAll Others ....................................
6.30
average dumping margin be zero or de
minimis for the producer/exporter
Suspension of Liquidation
combination identified above, entries of
In accordance with section 733(d)(2)
shipments of subject merchandise from
of the Act, Commerce will direct U.S.
this producer/exporter combination will
be excluded from the potential
6 Commerce preliminarily determines that PT
antidumping duty order. Such
First Marine Seafoods and PT Khom Foods are a
exclusions are not applicable to
single entity. See Preliminary Decision
merchandise exported to the United
Memorandum.
7 Commerce preliminarily determined that
States by these respondents in any other
countervailable subsidies are not being provided to
producer/exporter combinations or by
producers and exporters of shrimp from Indonesia.
third parties that sourced subject
See Frozen Warmwater Shrimp from Indonesia:
Preliminary Negative Countervailing Duty
Determination, and Alignment of Final
Determination With the Final Antidumping Duty
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Determination, 89 FR 22383 (April 1, 2024), and
accompanying Preliminary Decision Memorandum.
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merchandise from the excluded
producer/exporter.
Disclosure
Commerce intends to disclose to
interested parties its calculations
performed in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e),
Commerce will analyze and, if
appropriate, correct any timely
allegations of significant ministerial
errors by amending the preliminary
determination. However, consistent
with 19 CFR 351.224(d), Commerce will
not consider incomplete allegations that
do not address the significance standard
under 19 CFR 351.224(g) following the
preliminary determination. Instead,
Commerce will address such allegations
in the final determination together with
issues raised in the case briefs or other
written comments.
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.8 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.9 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.10
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
8 See 19 CFR 351.309(c)(1)(i); see also 19 CFR
351.303 (for general filing requirements).
9 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).
10 See 19 351.309(c)(2) and (d)(2).
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in their briefs.11 Further, we request that
interested parties limit their public
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the public
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 public
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).12
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. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On April 16, and 18, 2024, pursuant
to 19 CFR 351.210(e), BMS and First
11 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
12 See APO and Service Final Rule, 88 FR at
67070–73, 67076.
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Marine requested that Commerce
postpone the final determination and
that provisional measures be extended
to a period not to exceed six months,
respectively.13 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) the
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary 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
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: May 22, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations performing the non-exclusive
functions and duties of the 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
13 See BMS’s Letter, ‘‘Request to Extend Final
Determination,’’ dated April 16,2024; see also First
Marine’s Letter, ‘‘Request to Extend Final
Determination,’’ dated April 18, 2024.
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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
1605.21.10.20); (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
1605.21.05.00 and 1605.29.05.00); (5) dried
shrimp and prawns; (6) canned warmwater
shrimp and prawns (HTSUS subheading
1605.29.10.40); 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 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.
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Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Affiliation/Single Entity Treatment
V. Discussion of the Methodology
A. Comparisons to Normal Value
B. Product Comparisons
C. Date of Sale
D. Export Price
E. Normal Value
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024–11899 Filed 5–29–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–902]
Organic Soybean Meal From India:
Preliminary Results and Partial
Rescission of Countervailing Duty
Administrative Review; 2021–2022
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 certain
producers/exporters of organic soybean
meal from India. The period of review
(POR) is September 3, 2021, through
December 31, 2022. Interested parties
are invited to comment on these
preliminary results.
DATES: Applicable May 30, 2024.
FOR FURTHER INFORMATION CONTACT:
Peter Shaw or Tylar Lewis, AD/CVD
Operations, Office OVII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
AGENCY:
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0697 or (202) 482–6009,
respectively.
SUPPLEMENTARY INFORMATION:
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Partial Rescission of Administrative
Review
Background
On July 12, 2023, Commerce
published in the Federal Register the
notice of initiation of an administrative
review of the Order with respect to 38
companies.1 On August 11, 2023,
Commerce selected Delight Lifelike
Products Private Ltd. and Vinod Kumar
Ranjeet Singh Bafna.2 Subsequently, on
October 24, 2023, we selected Shri
Sumati Industries Private Limited (Shri
Sumati) and Shanti Worldwide (Shanti),
the only two companies for which an
administrative review was requested
and not withdrawn, as the mandatory
respondents.3 Pursuant to section
751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), Commerce extended
the deadline for the preliminary results
until May 23, 2024.4
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of topics
discussed in the Preliminary Decision
Memorandum is included in Appendix
I. 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 Order
The products covered by this Order is
organic soybean meal from India. For a
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. A list of the 35
companies Commerce received timelyfiled withdrawal requests from is
provided below in Appendix II. Because
the withdrawal requests were timely
filed and no other parties requested a
review of these companies, in
accordance with 19 CFR 351.213(d)(1),
Commerce is rescinding this review of
the Order with respect to these 35
companies.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Act. For
each of the subsidy programs found to
be countervailable, we preliminarily
determine that there is a subsidy, i.e., a
government-provided financial
contribution 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
conclusions, including our reliance on
adverse facts available pursuant to
sections 776(a) and (b) of the Act, see
the Preliminary Decision Memorandum.
Preliminary Results of Review
As a result of this review, we
preliminarily determine that for 2021
and 2022, the following estimated
countervailable subsidy rates exist:
Subsidy rate 2021
(percent ad valorem)
Company
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Shri Sumati Industries Private Limited ....................................................................................
Shanti Worldwide .....................................................................................................................
7.99
261.80
Subsidy rate 2022
(percent ad valorem)
4.08
261.80
Disclosure
Commerce intends to disclose its
calculations and analysis performed in
connection with the preliminary results
to interested parties 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 accordance with 19 CFR
351.224(b).
Public Comment
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
to Commerce no later than 30 days after
the publication of these preliminary
results of review in the Federal
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
44262 (July 12, 2023); see also Organic Soybean
Meal from India: Countervailing Duty Order, 87 FR
29735 (May 16, 2022) (Order).
2 See Memorandum, ‘‘Respondent Selection,’’
dated August 11, 2023.
3 See Memorandum, ‘‘Respondent Selection,’’
dated October 24, 2023.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results,’’ dated January 9, 2024.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Countervailing Duty Order on
Organic Soybean Meal from India; 2021–2022,’’
dated concurrently with, and hereby adopted by,
this notice (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.
VerDate Sep<11>2014
20:03 May 29, 2024
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]]>Agencies
[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Notices]
[Pages 46861-46864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11899]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-842]
Frozen Warmwater Shrimp From Indonesia: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that frozen warmwater shrimp (shrimp) from Indonesia is
being, or likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation (POI) is October 1, 2022,
through September 30, 2023. Interested parties are invited to comment
on this preliminary determination.
DATES: Applicable May 30, 2024.
FOR FURTHER INFORMATION CONTACT: Rachel Jennings or Miranda Bourdeau,
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) 482-1110 or (202)
482-2021, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on November
21, 2023.\1\ On March 7, 2024, Commerce postponed the preliminary
determination of this investigation until May 22, 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 included 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.
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\1\ See Frozen Warmwater Shrimp from Ecuador and Indonesia:
Initiation of Less-Than-Fair-Value Investigations, 88 FR 81043
(November 21, 2023) (Initiation Notice).
\2\ See Frozen Warmwater Shrimp from Ecuador and Indonesia:
Postponement of Preliminary Determinations in the Less-Than-Fair-
Value Investigations, 89 FR 16535 (March 7, 2024).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value 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.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice 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. Commerce is not preliminarily modifying the scope
language as it appeared in the Initiation Notice. See the scope in
Appendix I to this notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
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Methodology
Commerce is conducting this investigation in accordance with
section
[[Page 46862]]
731 of the Act. Commerce has calculated export prices in accordance
with section 772(a) of the Act. Normal value is calculated in
accordance with section 773 of the Act. In addition, Commerce has
relied on partial facts available under section 776(a)(1) of the Act
for PT First Marine Seafoods and PT Khom Foods (collectively, First
Marine/Khom Foods).\6\ For a full description of the methodology
underlying the preliminary determination, see the Preliminary Decision
Memorandum.
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\6\ Commerce preliminarily determines that PT First Marine
Seafoods and PT Khom Foods are a single entity. See Preliminary
Decision Memorandum.
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All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act. In this investigation, Commerce preliminarily
calculated a zero rate for PT Bahari Makmur Sejati (BMS). Therefore,
the only rate that is not zero, de minimis or based entirely on facts
otherwise available is the rate calculated for First Marine/Khom Foods.
Consequently, the rate calculated for First Marine/Khom Foods is also
assigned as the rate for all other producers and exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
dumping
Exporter/producer margin
(percent)
\7\
------------------------------------------------------------------------
PT Bahari Makmur Sejati..................................... 0.00
PT First Marine Seafoods; PT Khom Foods..................... 6.30
All Others.................................................. 6.30
------------------------------------------------------------------------
Suspension of Liquidation
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\7\ Commerce preliminarily determined that countervailable
subsidies are not being provided to producers and exporters of
shrimp from Indonesia. See Frozen Warmwater Shrimp from Indonesia:
Preliminary Negative Countervailing Duty Determination, and
Alignment of Final Determination With the Final Antidumping Duty
Determination, 89 FR 22383 (April 1, 2024), and accompanying
Preliminary Decision Memorandum.
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In accordance with section 733(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 Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise except as explained below; and (3) the cash
deposit rate for all other producers and exporters will be equal to the
all-others estimated weighted-average dumping margin.
Because the estimated weighted-average dumping margin for BMS is
zero or de minimis, entries of shipments of subject merchandise from
BMS will not be subject to suspension of liquidation or cash deposit
requirements during the provisional measures period. In such
situations, Commerce applies the exclusion to the provisional measures
to the producer/exporter combination that was examined in the
investigation. Accordingly, Commerce is directing CBP not to suspend
liquidation of entries of subject merchandise produced and exported by
BMS. Entries of shipments of subject merchandise from these companies
in any other producer/exporter combination, or by third parties that
sourced subject merchandise from the excluded producer/exporter
combination, are subject to the provisional measures at the all-others
rate.
Should the final estimated weighted-average dumping margin be zero
or de minimis for the producer/exporter combination identified above,
entries of shipments of subject merchandise from this producer/exporter
combination will be excluded from the potential antidumping duty order.
Such exclusions are not applicable to merchandise exported to the
United States by these respondents in any other producer/exporter
combinations or by third parties that sourced subject merchandise from
the excluded producer/exporter.
Disclosure
Commerce intends to disclose to interested parties its calculations
performed in this preliminary determination within five days of any
public announcement or, if there is no public announcement, within five
days of the date of publication of this notice in accordance with 19
CFR 351.224(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
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.\8\ 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.\9\ 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.\10\
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\8\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\9\ 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).
\10\ See 19 351.309(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
[[Page 46863]]
in their briefs.\11\ Further, we request that interested parties limit
their public executive summary of each issue to no more than 450 words,
not including citations. We intend to use the public 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 public 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).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and Service Final Rule, 88 FR at 67070-73, 67076.
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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. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On April 16, and 18, 2024, pursuant to 19 CFR 351.210(e), BMS and
First Marine requested that Commerce postpone the final determination
and that provisional measures be extended to a period not to exceed six
months, respectively.\13\ In accordance with section 735(a)(2)(A) of
the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary
determination is affirmative; (2) the requesting exporters account for
a significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, Commerce is postponing the
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly,
Commerce will make its final determination no later than 135 days after
the date of publication of this preliminary determination.
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\13\ See BMS's Letter, ``Request to Extend Final
Determination,'' dated April 16,2024; see also First Marine's
Letter, ``Request to Extend Final Determination,'' dated April 18,
2024.
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
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 these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: May 22, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations performing the
non-exclusive functions and duties of the 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 1605.21.10.20); (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 1605.21.05.00 and 1605.29.05.00); (5) dried shrimp and
prawns; (6) canned warmwater shrimp and prawns (HTSUS subheading
1605.29.10.40); 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 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.
[[Page 46864]]
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Affiliation/Single Entity Treatment
V. Discussion of the Methodology
A. Comparisons to Normal Value
B. Product Comparisons
C. Date of Sale
D. Export Price
E. Normal Value
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-11899 Filed 5-29-24; 8:45 am]
BILLING CODE 3510-DS-P
