Notice2023-26883
Frozen Warmwater Shrimp From Ecuador, India, Indonesia, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Countervailing Duty Investigations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 88 Issue 234 (Thursday, December 7, 2023)</title>
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[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85216-85217]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26883]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-331-806, C-533-921, C-560-843, C-552-838]
Frozen Warmwater Shrimp From Ecuador, India, Indonesia, and the
Socialist Republic of Vietnam: Postponement of Preliminary
Determinations in the Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT: Zachary Shaykin (Ecuador), Steven
Seifert (India), Kelsie Hohenberger (Indonesia), and Adam Simons (the
Socialist Republic of Vietnam (Vietnam)), AD/CVD Operations, Offices
II, IV, V, and IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2638, (202) 482-3350,
(202) 482-2517, and (202) 482-6172, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2023, the U.S. Department of Commerce (Commerce)
initiated countervailing duty investigations of imports of frozen
warmwater shrimp from Ecuador, India, Indonesia, and Vietnam.\1\
Currently, the preliminary determinations are due no later than January
18, 2024.
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\1\ See Frozen Warmwater Shrimp from Ecuador, India, Indonesia,
and the Socialist Republic of Vietnam: Initiation of Countervailing
Duty Investigations, 88 FR 81053 (November 21, 2023).
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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 November 27, 2023, the petitioner \2\ submitted a timely request
to postpone the preliminary determinations in these investigations.\3\
The petitioner stated that postponement of the preliminary
determinations is necessary because the current schedule does not
provide adequate time for a
[[Page 85217]]
complete analysis given the complexity of the issues in these cases and
the number of subsidy programs under investigation in each.\4\
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\2\ The petitioner is the American Shrimp Processors
Association.
\3\ See Petitioner's Letter, ``Request to Extend the Preliminary
Determination,'' dated November 27, 2023.
\4\ Id.
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In accordance with 19 CFR 351.205(e), the petitioner has stated the
reasons for requesting a postponement of the preliminary
determinations, and Commerce finds there are no compelling reasons 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 day on which these
investigations were initiated, i.e., March 25, 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.
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\5\ Postponing the preliminary determination to 130 days after
initiation would place the deadline on Saturday, March 23, 2024.
Commerce's practice dictates that where a deadline falls on a
weekend or a 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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This notice is issued and published pursuant to section 703(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: December 1, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-26883 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 7, 2023.
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