Frozen Warmwater Shrimp From Indonesia: Final Negative Countervailing Duty Determination, 85512-85514 [2024-24954]
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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices
Exporter
Producer
Tan A Aluminum Company Limited.
Tin An Investment Production Trading Joint
Stock Company.
Tin An Investment Production Trading Joint
Stock Company.
Tin Kim Plastic
Joint Stock
Company.
Tin Kim Plastic
Joint Stock
Company.
Tung Kuang Industrial Joint
Stock Company.
Tung Shin Industrial Co.,
Ltd.
Vietnam Beta
Aluminum
Company
Limited.
Vietnam
Yongxing
Aluminium
Industry Co.,
Ltd.
liquidation instructions will remain in
effect until further notice.
In accordance with section 735(c)(4)
of the Act, because Commerce now
finds that critical circumstances exist
16.02 for East Asia and the non-individually
examined separate rate companies,
16.02 Commerce intends to instruct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of all entries of
subject merchandise from these
companies that were entered, or
withdrawn from warehouse for
16.02
consumption on or after February 7,
2024, which is 90 days before the
publication of the Preliminary
Determination 7 in the Federal Register.
Weightedaverage
dumping
margin
(percent)
Tan A Aluminum Company Limited.
Austdoor
Group Joint
Stock Company.
Viet Phap Aluminium Factory—Viet
Phap Shal
Aluminium
Joint Stock
Company.
Austdoor
Group Joint
Stock Company.
Viet Phap Aluminium Factory—Viet
Phap Shal
Aluminium
Joint Stock
Company.
Tung Kuang
Industrial
Joint Stock
Company.
Tung Shin Industrial Co.,
Ltd.
Vietnam Beta
Aluminum
Company
Limited.
Vietnam
Yongxing
Aluminium
Industry Co.,
Ltd.
16.02
16.02
16.02
16.02
16.02
16.02
lotter on DSK11XQN23PROD with NOTICES1
Disclosure
Commerce intends to disclose the
calculations performed in this amended
final determination to interested parties
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 the
Federal Register in accordance with 19
CFR 351.224(b).
Amended Cash Deposits and
Continuation of Suspension of
Liquidation
The collection of cash deposits and
suspension of liquidation will be
revised according to the rates
established in this amended final
determination, in accordance with
section 735(c)(1)(B) of the Act. These
rates will be effective on the date of
publication of this notice in the Federal
Register. These suspension of
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19:13 Oct 25, 2024
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U.S. International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
International Trade Commission (ITC) of
our amended final affirmative
determination of sales at LTFV. If the
ITC determines that material injury or
threat of material injury does not exist,
the proceeding will be terminated and
all cash deposits will be refunded or
canceled, and suspension of liquidation
will be lifted. If the ITC determines that
such injury does exist, Commerce will
issue an antidumping duty order
directing CBP to assess, upon further
instruction by Commerce, antidumping
duties on all imports of the subject
merchandise that are entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Amended Cash
Deposits and Continuation of
Suspension of Liquidation’’ section.
Notification to Interested Parties
This amended final determination
and notice are issued and published
pursuant to sections 735(d) and 777(i)(1)
of the Act, and 19 CFR 351.210(c).
Dated: October 22, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–25012 Filed 10–25–24; 8:45 am]
BILLING CODE 3510–DS–P
7 See Aluminum Extrusions from the Socialist
Republic of Vietnam: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and
Extension of Provisional Measures, 89 FR 38075
(May 7, 2024).
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–560–843]
Frozen Warmwater Shrimp From
Indonesia: Final Negative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are not being
provided to producers and exporters of
frozen warmwater shrimp (shrimp) from
Indonesia. The period of investigation is
January 1, 2022, through December 31,
2022.
DATES: Applicable October 28, 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:
AGENCY:
Background
On April 1, 2024, Commerce
published its Preliminary Determination
in the Federal Register and invited
interested parties to comment.1 In the
Preliminary Determination, and in
accordance with section 705(a)(1) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.210(b)(4), Commerce
aligned this final countervailing duty
(CVD) determination with the final
antidumping duty (AD) determinations
of frozen warmwater shrimp from
Ecuador and Indonesia.2 On July 22,
2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.3 The
deadline for the final determination is
now October 21, 2024.
A summary of the events that
occurred since Commerce published the
Preliminary Determination may be
found in the Issues and Decision
Memorandum.4 The Issues and Decision
1 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)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 Id., 89 FR 22384.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Negative Determination
in the Countervailing Duty Investigation of Frozen
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85513
Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices
Memorandum is a public document and
is made available to the public 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 Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The merchandise covered by this
investigation is shrimp from Indonesia.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
We received no comments from
interested parties on the scope of the
investigation as it appeared in the
Preliminary Determination. Therefore,
we made no changes to the scope of the
investigation.
Verification
Methodology
As provided in section 782(i) of the
Act, in May 2024, we conducted
verifications of information submitted
by the Government of Indonesia (GOI),
PT. Bahari Makmur Sejati (BMS), PT.
First Marine Seafoods (First Marine),5
and BMS and First Marine’s unaffiliated
farmer-suppliers for use in our final
determination. We used standard
verification procedures, including an
examination of relevant accounting
records and original source documents
provided by the GOI, BMS, First Marine,
and the farmer-suppliers.6
Commerce conducted this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found to be countervailable,
Commerce 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.7 For a full
description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation, and the issues raised in
the case and rebuttal briefs that were
submitted by interested parties in this
investigation are discussed in the Issues
and Decision Memorandum. For a list of
the issues raised by interested parties
and addressed in the Issues and
Decision Memorandum, see Appendix
II.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received from interested
parties and our verification findings, we
made certain changes to the subsidy rate
calculations for BMS. For a discussion
of these changes, see the Issues and
Decision Memorandum.
Final Determination
Commerce determines that the
following estimated countervailable
subsidy rates exist:
Subsidy rate
(percent
ad valorem)
Company
PT. Bahari Makmur Sejati 8 .........................................................................................................................................................
PT. First Marine Seafoods/PT Khom Foods 9 .............................................................................................................................
Disclosure
We intend to disclose to interested
parties the calculations and analysis
performed in this final 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).
Suspension of Liquidation
lotter on DSK11XQN23PROD with NOTICES1
In the Preliminary Determination, the
total net countervailable subsidy rates
for the individually examined
respondents were de minimis and,
therefore, we did not suspend
liquidation of entries of frozen
warmwater shrimp from Indonesia.10
Because Commerce determines that no
countervailable subsidies are being
Warmwater Shrimp from Indonesia,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
5 Commerce determined that First Marine is
cross-owned with PT Khom Foods. Hereinafter,
both companies are collectively referred to as First
Marine, unless stated otherwise.
6 See Memoranda, ‘‘Verification of the
Government of Indonesia Questionnaire
Responses,’’ dated August 19, 2024; ‘‘Verification of
the Questionnaire Responses of PT First Marine
Seafoods,’’ dated August 9, 2024; ‘‘Verification of
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19:13 Oct 25, 2024
Jkt 265001
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.
International Trade Commission (ITC)
Notification
In accordance with section 705(d) of
the Act, Commerce will notify the ITC
of our final determination that
countervailable subsidies are not being
provided to producers and exporters of
shrimp from Indonesia. Because the
final determination is negative, this
proceeding is terminated in accordance
with section 705(c)(2) of the Act.
Administrative Protective Order (APO)
This notice will serve as the only
reminder to parties subject to an APO of
the Questionnaire Responses of PT. First Marine
Seafoods’ Unaffiliated Farmer-Supplier’s
Questionnaire Responses,’’ dated August 9, 2024;
‘‘Verification of the Questionnaire Responses of PT
Bahari Makmur Sejati,’’ dated August 23, 2024; and
‘‘Verification of the Questionnaire Responses of
BMS’s Unaffiliated Farmer-Suppliers,’’ dated
August 23, 2024.
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; see also section
771(5)(E) of the Act regarding benefit; and section
771(5A) of the Act regarding specificity.
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Sfmt 4703
0.20 (de minimis).
0.71 (de minimis).
their responsibility concerning the
destruction of proprietary information
disclosed under APO, in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act, and 19 CFR
351.210(c).
8 As discussed in the PDM, Commerce
determined that PT Bahari Makmur Sejati is crossowned with input suppliers PT International
Packaging Manufacturing and PT Total Pack
Indonesia.
9 As discussed in the PDM, Commerce
determined that PT First Marine Seafoods is crossowned with PT Khom Foods, a producer/distributor
of subject merchandise.
10 See Preliminary Determination, 89 FR 22384.
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85514
Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices
Dated: October 21, 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
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 Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes from the Preliminary
Determination
IV. Subsidies Valuation
V. Analysis of Programs
VI. Discussion of the Issues
Comment 1: Whether Commerce Should
Apply Adverse Facts Available (AFA) To
Countervail the Provision of Water or
Port Facilities to First Marine
Comment 2: Whether Commerce Should
Apply AFA To Countervail Export
Financing From the Export-Import Bank
of Indonesia (Eximbank)
Comment 3: Whether Commerce Should
Apply Total AFA to the GR 55/2022 and
Article 31E Income Tax Reduction
Programs
Comment 4: Whether Commerce Should
Correct the Benefit Calculations Under
the Government Regulation 55/2022 and
Article 31E Income Tax Reduction
Programs
Comment 5: Whether Commerce Should
Make Corrections to the Sales
Denominators Used To Calculate the Ad
Valorem Subsidy Rates
VII. Recommendation
[FR Doc. 2024–24954 Filed 10–25–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE383]
Marine Mammals and Endangered
Species
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
Notice; issuance of permits,
permit amendments, and permit
modifications.
ACTION:
Notice is hereby given that
permits, permit amendments, and
permit modifications have been issued
to the following entities under the
Marine Mammal Protection Act
(MMPA) and the Endangered Species
Act (ESA), as applicable.
SUMMARY:
The permits and related
documents are available for review
upon written request via email to
NMFS.Pr1Comments@noaa.gov.
ADDRESSES:
Sara
Young (Permit No. 27597), Erin Markin,
Ph.D., (Permit No. 28148), Amy
Hapeman (Permit No. 21163–01), and
Malcolm Mohead (Permit 20347–02); at
(301) 427–8401.
FOR FURTHER INFORMATION CONTACT:
Notices
were published in the Federal Register
on the dates listed below that requests
for a permit, permit amendment, or
permit modification had been submitted
by the below-named applicants. To
locate the Federal Register notice that
announced our receipt of the
application and a complete description
of the activities, go to https://
www.federalregister.gov and search on
the permit number provided in table 1
below.
SUPPLEMENTARY INFORMATION:
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TABLE 1—ISSUED PERMITS, PERMIT AMENDMENTS, AND PERMIT MODIFICATIONS
Permit No.
RTID
Applicant
Previous Federal Register Notice
Issuance date
20347–02 .........
0648–XE179 .....
89 FR 64879, August 8, 2024 ............
October 1, 2024.
21163–01 .........
0648–XR004 ....
University of Maine, 5741 Libby Hall, Room
202A, Orono, ME 04469 (Responsible Party:
Gayle Zydlewski, Ph.D.).
Marine Ecology and Telemetry Research, 2468
Camp McKenzie Trail NW, Seabeck WA
98380 (Responsible Party: Greg Schorr).
84 FR 54121, October 9, 2019 ..........
September 23,
2024.
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19:13 Oct 25, 2024
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]]>Agencies
[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Notices]
[Pages 85512-85514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24954]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-560-843]
Frozen Warmwater Shrimp From Indonesia: Final Negative
Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are not being provided to producers and
exporters of frozen warmwater shrimp (shrimp) from Indonesia. The
period of investigation is January 1, 2022, through December 31, 2022.
DATES: Applicable October 28, 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
On April 1, 2024, Commerce published its Preliminary Determination
in the Federal Register and invited interested parties to comment.\1\
In the Preliminary Determination, and in accordance with section
705(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.210(b)(4), Commerce aligned this final countervailing duty (CVD)
determination with the final antidumping duty (AD) determinations of
frozen warmwater shrimp from Ecuador and Indonesia.\2\ On July 22,
2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\3\ The deadline for the final determination
is now October 21, 2024.
---------------------------------------------------------------------------
\1\ 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) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ Id., 89 FR 22384.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
A summary of the events that occurred since Commerce published the
Preliminary Determination may be found in the Issues and Decision
Memorandum.\4\ The Issues and Decision
[[Page 85513]]
Memorandum is a public document and is made available to the public 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 Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Negative Determination in the Countervailing Duty
Investigation of Frozen Warmwater Shrimp from Indonesia,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise covered by this investigation is shrimp from
Indonesia. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
We received no comments from interested parties on the scope of the
investigation as it appeared in the Preliminary Determination.
Therefore, we made no changes to the scope of the investigation.
Verification
As provided in section 782(i) of the Act, in May 2024, we conducted
verifications of information submitted by the Government of Indonesia
(GOI), PT. Bahari Makmur Sejati (BMS), PT. First Marine Seafoods (First
Marine),\5\ and BMS and First Marine's unaffiliated farmer-suppliers
for use in our final determination. We used standard verification
procedures, including an examination of relevant accounting records and
original source documents provided by the GOI, BMS, First Marine, and
the farmer-suppliers.\6\
---------------------------------------------------------------------------
\5\ Commerce determined that First Marine is cross-owned with PT
Khom Foods. Hereinafter, both companies are collectively referred to
as First Marine, unless stated otherwise.
\6\ See Memoranda, ``Verification of the Government of Indonesia
Questionnaire Responses,'' dated August 19, 2024; ``Verification of
the Questionnaire Responses of PT First Marine Seafoods,'' dated
August 9, 2024; ``Verification of the Questionnaire Responses of PT.
First Marine Seafoods' Unaffiliated Farmer-Supplier's Questionnaire
Responses,'' dated August 9, 2024; ``Verification of the
Questionnaire Responses of PT Bahari Makmur Sejati,'' dated August
23, 2024; and ``Verification of the Questionnaire Responses of BMS's
Unaffiliated Farmer-Suppliers,'' dated August 23, 2024.
---------------------------------------------------------------------------
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs that were submitted by interested parties
in this investigation are discussed in the Issues and Decision
Memorandum. For a list of the issues raised by interested parties and
addressed in the Issues and Decision Memorandum, see Appendix II.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce 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.\7\ For a full
description of the methodology underlying our final determination, see
the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received from interested
parties and our verification findings, we made certain changes to the
subsidy rate calculations for BMS. For a discussion of these changes,
see the Issues and Decision Memorandum.
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate (percent ad
Company valorem)
------------------------------------------------------------------------
PT. Bahari Makmur Sejati \8\............... 0.20 (de minimis).
PT. First Marine Seafoods/PT Khom Foods \9\ 0.71 (de minimis).
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\8\ As discussed in the PDM, Commerce determined that PT Bahari
Makmur Sejati is cross-owned with input suppliers PT International
Packaging Manufacturing and PT Total Pack Indonesia.
\9\ As discussed in the PDM, Commerce determined that PT First
Marine Seafoods is cross-owned with PT Khom Foods, a producer/
distributor of subject merchandise.
---------------------------------------------------------------------------
We intend to disclose to interested parties the calculations and
analysis performed in this final 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).
Suspension of Liquidation
In the Preliminary Determination, the total net countervailable
subsidy rates for the individually examined respondents were de minimis
and, therefore, we did not suspend liquidation of entries of frozen
warmwater shrimp from Indonesia.\10\ Because Commerce determines that
no countervailable subsidies are 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.
---------------------------------------------------------------------------
\10\ See Preliminary Determination, 89 FR 22384.
---------------------------------------------------------------------------
International Trade Commission (ITC) Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of our final determination that countervailable subsidies are
not being provided to producers and exporters of shrimp from Indonesia.
Because the final determination is negative, this proceeding is
terminated in accordance with section 705(c)(2) of the Act.
Administrative Protective Order (APO)
This notice will serve as the only reminder to parties subject to
an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO, in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act, and 19 CFR 351.210(c).
[[Page 85514]]
Dated: October 21, 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 1605.21.1020); (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 Issues and Decision Memorandum
I. Summary
II. Background
III. Changes from the Preliminary Determination
IV. Subsidies Valuation
V. Analysis of Programs
VI. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) To Countervail the Provision of Water or Port Facilities to
First Marine
Comment 2: Whether Commerce Should Apply AFA To Countervail
Export Financing From the Export-Import Bank of Indonesia (Eximbank)
Comment 3: Whether Commerce Should Apply Total AFA to the GR 55/
2022 and Article 31E Income Tax Reduction Programs
Comment 4: Whether Commerce Should Correct the Benefit
Calculations Under the Government Regulation 55/2022 and Article 31E
Income Tax Reduction Programs
Comment 5: Whether Commerce Should Make Corrections to the Sales
Denominators Used To Calculate the Ad Valorem Subsidy Rates
VII. Recommendation
[FR Doc. 2024-24954 Filed 10-25-24; 8:45 am]
BILLING CODE 3510-DS-P
