Notice2024-11899
Frozen Warmwater Shrimp From Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
Primary source
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Published
May 30, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 105 (Thursday, May 30, 2024)</title>
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[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Notices]
[Pages 46861-46864]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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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:
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Weighted-
average
dumping
Exporter/producer margin
(percent)
\7\
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PT Bahari Makmur Sejati..................................... 0.00
PT First Marine Seafoods; PT Khom Foods..................... 6.30
All Others.................................................. 6.30
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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.
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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
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