Frozen Warmwater Shrimp From Ecuador: Final Negative Determination of Sales at Less Than Fair Value, 85508-85510 [2024-24958]

Download as PDF 85508 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices that such injury does exist, Commerce will issue a countervailing duty order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of the subject merchandise that are entered, or withdrawn, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Orders In the event that the ITC issues a final negative injury determination, 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 in accordance with sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c). 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. lotter on DSK11XQN23PROD with NOTICES1 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 VerDate Sep<11>2014 19:13 Oct 25, 2024 Jkt 265001 (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), redspotted shrimp (Penaeus brasiliensis), southern brown shrimp (Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern rough shrimp (Trachypenaeus curvirostris), southern white shrimp (Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus indicus). Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope. In addition, food preparations, which are not ‘‘prepared meals,’’ that contain more than 20 percent by weight of shrimp or prawn are also included in the scope. Excluded from the scope are: (1) breaded shrimp and prawns (HTSUS subheading 1605.20.10.20); (2) shrimp and prawns generally classified in the Pandalidae family and commonly referred to as coldwater shrimp, in any state of processing; (3) fresh shrimp and prawns whether shell-on or peeled (HTSUS subheadings 0306.36.0020 and 0306.36.0040); (4) shrimp and prawns in prepared meals (HTSUS subheading 1605.20.05.10); (5) dried shrimp and prawns; (6) canned warmwater shrimp and prawns (HTSUS subheading 1605.20.10.40); (7) certain dusted shrimp; and (8) certain battered shrimp. Dusted shrimp is a shrimpbased product: (1) that is produced from fresh (or thawed-from-frozen) and peeled shrimp; (2) to which a ‘‘dusting’’ layer of rice or wheat flour of at least 95 percent purity has been applied; (3) with the entire surface of the shrimp flesh thoroughly and evenly coated with the flour; (4) with the nonshrimp content of the end product constituting between four and 10 percent of the product’s total weight after being dusted, but prior to being frozen; and (5) that is subjected to IQF freezing immediately after application of the dusting layer. Battered shrimp is a shrimpbased product that, when dusted in accordance with the definition of dusting above, is coated with a wet viscous layer containing egg and/or milk, and par-fried. The products covered by the scope are currently classified under the following HTSUS subheadings: 0306.17.0004, 0306.17.0005, 0306.17.0007, 0306.17.0008, 0306.17.0010, 0306.17.0011, 0306.17.0013, 0306.17.0014, 0306.17.0016, 0306.17.0017, 0306.17.0019, 0306.17.0020, 0306.17.0022, 0306.17.0023, 0306.17.0025, 0306.17.0026, 0306.17.0028, 0306.17.0029, 0306.17.0041, 0306.17.0042, 1605.21.1030, and 1605.29.1010. These HTSUS subheadings are provided for convenience and for customs purposes only and are not dispositive, but rather the written description of the scope is dispositive. Comment 1: Commerce Should Countervail the Provision of Brackish Water Comment 2: Commerce Should Countervail the Provision of Fuel Comment 3: Commerce Should Revise the Benchmark Used To Value the Provision of Electricity Comment 4: Commerce Should Correct the Multiplier Used for Programs Benefitting Respondents’ Shrimp Suppliers Comment 5: Commerce Should Apply Adverse Facts Available (AFA) To Countervail Unverifiable and Omitted Income Tax Programs Comment 6: Commerce Should Revise the Denominator for the Investment Contract/Tax Incentives for Priority Sectors Under the 2010 Organic Production Code for Santa Priscila Comment 7: Commerce Should Make Certain Revisions to SONGA’s Subsidy Calculations Comment 8: Commerce Should Make Certain Revisions to Santa Priscila’s Subsidy Calculations Comment 9: Commerce Should Revise Its Countervailable Subsidy Calculation Regarding Provision of Land Concessions Comment 10: Commerce Should Find That Certain Tax Programs are not Countervailable Comment 11: Commerce Should Revise its Attribution of Benefits Received by Cross-Owned Input Suppliers to Santa Priscila Comment 12: Commerce Should Recalculate Its Countervailable Subsidy Calculation for SONGA Under the Refund of Currency Outflow Tax (ISD) On Inputs Program Comment 13: Section 771B Is Not Supported by the Record Comment 14: Commerce Should Adjust the Cash Deposit (CD) Rates Comment 15: Commerce’s Should Reverse Its Rejection of SONGA’s Minor Correction Comment 16: Commerce Should Correct its Application of AFA to SONGA and Naturisa, and Santa Priscila and Produmar Under the Motor Vehicle Tax Reduction Program IX. Recommendation Appendix II Frozen Warmwater Shrimp From Ecuador: Final Negative Determination of Sales at Less Than Fair Value List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Diversification of Ecuador’s Economy V. Subsidies Valuation VI. Use of Facts Otherwise Available and Application of Adverse Inferences VII. Analysis of Programs VIII. Discussion of the Issues PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 [FR Doc. 2024–24957 Filed 10–25–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–331–805] Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that imports of frozen warmwater shrimp (shrimp) from Ecuador are not being, or not likely to be, sold in the United AGENCY: E:\FR\FM\28OCN1.SGM 28OCN1 85509 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices States at less than fair value (LTFV) for the period of investigation (POI) October 1, 2022, through September 30, 2023. DATES: Applicable October 28, 2024. FOR FURTHER INFORMATION CONTACT: Kyle Clahane or Matthew Palmer, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5449 or (202) 482–1678, respectively. be found in the Issues and Decision Memorandum.4 The Issues and 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. SUPPLEMENTARY INFORMATION: Scope of the Investigation Background On May 30, 2024, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of shrimp from Ecuador.1 We invited interested parties to comment on the Preliminary Determination.2 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.3 The deadline for the final determination of this investigation is now October 21, 2024. A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may The product covered by this investigation is shrimp from Ecuador. 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 Commerce was unable to conduct onsite verifications of the information relied on in making its final determination in this investigation. However, in August 2024, we took additional steps in lieu of on-site verifications to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act), by conducting virtual verifications of Industrial Pesquera Santa Priscila S.A. (Santa Priscila) and Sociedad Nacional de Galápagos C.A. (SONGA).5 Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice as Appendix II. Changes Since the Preliminary Determination We made certain changes regarding Santa Priscila and SONGA’s reported sales and cost data since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum. Final Determination Commerce determines that the following estimated weighted-average dumping margins exist: Weighted-average dumping margin (percent) Exporter/Producer Sociedad Nacional de Galápagos C.A./Marina del Rey ........................................................................................................... Industrial Pesquera Santa Priscila S.A./Tropical Packing Ecuador Tropack S.A ..................................................................... Consistent with section 735(c) of the Act, Commerce has not calculated an estimated weighted-average dumping margin for all other producers and exporters because it has not made an affirmative final determination of sales at LTFV. Disclosure lotter on DSK11XQN23PROD with NOTICES1 Commerce intends to disclose the calculations performed in connection with this final determination to interested parties within five days of any public announcement or, if there is no public announcement, within five 1 See Frozen Warmwater Shrimp from Ecuador: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 46857 (May 30, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 Id. 89 FR at 46859. 3 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. VerDate Sep<11>2014 19:13 Oct 25, 2024 Jkt 265001 days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). Suspension of Liquidation Because Commerce has made a negative final determination of sales at LTFV with regard to subject merchandise, Commerce will not direct U.S. Customs and Border Protection to suspend liquidation or to require a cash deposit of estimated antidumping duties for entries of shrimp from Ecuador. 4 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination of Sales at Less Than Fair Value in the Investigation of Certain Frozen Warmwater Shrimp from Ecuador,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 5 See Memoranda, ‘‘Verification of the Cost Response of Sociedad Nacional de Galapagos C.A. in the Less-Than-Fair-Value Investigation of Frozen Warmwater Shrimp from Ecuador,’’ dated September 20, 2024 (SONGA’s Cost Verification PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 0.00. 0.48 (de minimis). U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission of this final negative determination of sales at LTFV. As our final determination is negative, this proceeding is terminated in accordance with section 735(c)(2) of the Act. Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of Report); ‘‘Sales Verification of Sociedad Nacional de Galápagos C.A,’’ dated August 27, 2024 (SONGA’s Sales Verification Report) (collectively, SONGA’s Verification Reports); ‘‘Verification of the Cost Response of Industrial Pesquera Santa Priscila in the Antidumping Duty Investigation of Frozen warm Water Shrimp from Ecuador,’’ dated September 18, 2024 (Santa Priscila’s Cost Verification Report); and ‘‘Sales Verification of Industrial Santa Priscila,’’ dated September 19, 2024 (Santa Priscila’s Sales Verification Report) (collectively, Santa Priscila’s Verification Reports). E:\FR\FM\28OCN1.SGM 28OCN1 85510 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or 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 sanctionable violation. Notification to Interested Parties This final determination and notice are issued and published in accordance with sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c). 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. lotter on DSK11XQN23PROD with NOTICES1 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 VerDate Sep<11>2014 19:13 Oct 25, 2024 Jkt 265001 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 Since the Preliminary Determination IV. Discussion of the Issues Comment 1: Whether Commerce Should Revise SONGA’s Cost Adjustment for Its Purchases of Raw Shrimp From Affiliated Suppliers Comment 2: Whether Commerce Should Recalculate SONGA’s Reported Financial Expenses Comment 3: Whether Revisions are Warranted to SONGA’s Reported Indirect Selling Expenses Comment 4: Whether Commerce Should Continue To Offset G&A Expenses by the Amount of Scrap Sales Revenue Comment 5: Whether Commerce Should Revise SONGA’s Per-Unit Costs for the Additional Wrapping and Finger-Laying Processes Comment 6: Whether Commerce Should Compare U.S. Sales of Broken Shrimp to Constructed Value Comment 7: Treatment of Clerical Errors in SONGA’s Preliminary Margin Calculation PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 Comment 8: Inclusion of SONGA’s Revised Sales and Cost Databases Comment 9: Treatment of SONGA’s Reported U.S. Customs Duty and Brokerage and Handling Expenses Comment 10: Treatment of Export Subsidies for Santa Priscila and SONGA Comment 11: Whether Commerce Should Apply Adverse Facts Available (AFA) to Santa Priscila for its Misrepresentation of its Payment Dates and its Failure To Report All Expenses Comment 12: Whether Commerce Should Apply AFA to Santa Priscila’s Credit Expenses, Other Discounts and Bank Charges. Comment 13: Whether Commerce Should Apply the Market Price Adjustment to all Santa Priscila Raw Shrimp Purchases Comment 14: Whether Commerce Should Reject Santa Priscila’s Claimed Scrap Offset Comment 15: Treatment of Santa Priscila’s Return Expenses Comment 16: Whether Commerce Should Incorporate Santa Priscila’s Cost Verification Minor Corrections Comment 17: Treatment of Clerical Errors in Santa Priscila’s Preliminary Margin Calculation V. Recommendation [FR Doc. 2024–24958 Filed 10–25–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–837] Aluminum Extrusions From the Socialist Republic of Vietnam: Amended Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The U.S. Department of Commerce (Commerce) is amending its final affirmative determination in the less than fair value (LTFV) investigation of aluminum extrusions from the Socialist Republic of Vietnam (Vietnam) to correct ministerial errors. The period of investigation is April 1, 2023, through September 30, 2023. SUMMARY: DATES: Applicable October 28, 2024. FOR FURTHER INFORMATION CONTACT: Rebecca Janz, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2972. SUPPLEMENTARY INFORMATION: E:\FR\FM\28OCN1.SGM 28OCN1

Agencies

[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Notices]
[Pages 85508-85510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24958]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-331-805]


Frozen Warmwater Shrimp From Ecuador: Final Negative 
Determination of Sales at Less Than Fair Value

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
imports of frozen warmwater shrimp (shrimp) from Ecuador are not being, 
or not likely to be, sold in the United

[[Page 85509]]

States at less than fair value (LTFV) for the period of investigation 
(POI) October 1, 2022, through September 30, 2023.

DATES: Applicable October 28, 2024.

FOR FURTHER INFORMATION CONTACT: Kyle Clahane or Matthew Palmer, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5449 or (202) 482-1678, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 30, 2024, Commerce published in the Federal Register its 
preliminary affirmative determination in the LTFV investigation of 
shrimp from Ecuador.\1\ We invited interested parties to comment on the 
Preliminary Determination.\2\ On July 22, 2024, Commerce tolled certain 
deadlines in this administrative proceeding by seven days.\3\ The 
deadline for the final determination of this investigation is now 
October 21, 2024.
---------------------------------------------------------------------------

    \1\ See Frozen Warmwater Shrimp from Ecuador: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 89 FR 46857 (May 30, 2024) (Preliminary Determination), 
and accompanying Preliminary Decision Memorandum.
    \2\ Id. 89 FR at 46859.
    \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, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum.\4\ The Issues and 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 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 Affirmative Determination of Sales at Less Than Fair Value in 
the Investigation of Certain Frozen Warmwater Shrimp from Ecuador,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is shrimp from Ecuador. 
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

    Commerce was unable to conduct on-site verifications of the 
information relied on in making its final determination in this 
investigation. However, in August 2024, we took additional steps in 
lieu of on-site verifications to verify the information relied upon in 
making this final determination, in accordance with section 782(i) of 
the Tariff Act of 1930, as amended (the Act), by conducting virtual 
verifications of Industrial Pesquera Santa Priscila S.A. (Santa 
Priscila) and Sociedad Nacional de Gal[aacute]pagos C.A. (SONGA).\5\
---------------------------------------------------------------------------

    \5\ See Memoranda, ``Verification of the Cost Response of 
Sociedad Nacional de Galapagos C.A. in the Less-Than-Fair-Value 
Investigation of Frozen Warmwater Shrimp from Ecuador,'' dated 
September 20, 2024 (SONGA's Cost Verification Report); ``Sales 
Verification of Sociedad Nacional de Gal[aacute]pagos C.A,'' dated 
August 27, 2024 (SONGA's Sales Verification Report) (collectively, 
SONGA's Verification Reports); ``Verification of the Cost Response 
of Industrial Pesquera Santa Priscila in the Antidumping Duty 
Investigation of Frozen warm Water Shrimp from Ecuador,'' dated 
September 18, 2024 (Santa Priscila's Cost Verification Report); and 
``Sales Verification of Industrial Santa Priscila,'' dated September 
19, 2024 (Santa Priscila's Sales Verification Report) (collectively, 
Santa Priscila's Verification Reports).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
interested parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice as Appendix II.

Changes Since the Preliminary Determination

    We made certain changes regarding Santa Priscila and SONGA's 
reported sales and cost data since the Preliminary Determination. For a 
discussion of these changes, see the Issues and Decision Memorandum.

Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist:

------------------------------------------------------------------------
                                               Weighted-average dumping
             Exporter/Producer                     margin (percent)
------------------------------------------------------------------------
Sociedad Nacional de Gal[aacute]pagos C.A./  0.00.
 Marina del Rey.
Industrial Pesquera Santa Priscila S.A./     0.48 (de minimis).
 Tropical Packing Ecuador Tropack S.A.
------------------------------------------------------------------------

    Consistent with section 735(c) of the Act, Commerce has not 
calculated an estimated weighted-average dumping margin for all other 
producers and exporters because it has not made an affirmative final 
determination of sales at LTFV.

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with this 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).

Suspension of Liquidation

    Because Commerce has made a negative final determination of sales 
at LTFV with regard to subject merchandise, Commerce will not direct 
U.S. Customs and Border Protection to suspend liquidation or to require 
a cash deposit of estimated antidumping duties for entries of shrimp 
from Ecuador.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission of this final negative 
determination of sales at LTFV. As our final determination is negative, 
this proceeding is terminated in accordance with section 735(c)(2) of 
the Act.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of

[[Page 85510]]

their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return or 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 sanctionable violation.

Notification to Interested Parties

    This final determination and notice are issued and published in 
accordance with sections 735(d) and 777(i) of the Act and 19 CFR 
351.210(c).

    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 Since the Preliminary Determination
IV. Discussion of the Issues
    Comment 1: Whether Commerce Should Revise SONGA's Cost 
Adjustment for Its Purchases of Raw Shrimp From Affiliated Suppliers
    Comment 2: Whether Commerce Should Recalculate SONGA's Reported 
Financial Expenses
    Comment 3: Whether Revisions are Warranted to SONGA's Reported 
Indirect Selling Expenses
    Comment 4: Whether Commerce Should Continue To Offset G&A 
Expenses by the Amount of Scrap Sales Revenue
    Comment 5: Whether Commerce Should Revise SONGA's Per-Unit Costs 
for the Additional Wrapping and Finger-Laying Processes
    Comment 6: Whether Commerce Should Compare U.S. Sales of Broken 
Shrimp to Constructed Value
    Comment 7: Treatment of Clerical Errors in SONGA's Preliminary 
Margin Calculation
    Comment 8: Inclusion of SONGA's Revised Sales and Cost Databases
    Comment 9: Treatment of SONGA's Reported U.S. Customs Duty and 
Brokerage and Handling Expenses
    Comment 10: Treatment of Export Subsidies for Santa Priscila and 
SONGA
    Comment 11: Whether Commerce Should Apply Adverse Facts 
Available (AFA) to Santa Priscila for its Misrepresentation of its 
Payment Dates and its Failure To Report All Expenses
    Comment 12: Whether Commerce Should Apply AFA to Santa 
Priscila's Credit Expenses, Other Discounts and Bank Charges.
    Comment 13: Whether Commerce Should Apply the Market Price 
Adjustment to all Santa Priscila Raw Shrimp Purchases
    Comment 14: Whether Commerce Should Reject Santa Priscila's 
Claimed Scrap Offset
    Comment 15: Treatment of Santa Priscila's Return Expenses
    Comment 16: Whether Commerce Should Incorporate Santa Priscila's 
Cost Verification Minor Corrections
    Comment 17: Treatment of Clerical Errors in Santa Priscila's 
Preliminary Margin Calculation
V. Recommendation

[FR Doc. 2024-24958 Filed 10-25-24; 8:45 am]
BILLING CODE 3510-DS-P
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