Notice2024-13967
Frozen Warmwater Shrimp From Ecuador, India, Indonesia, and Vietnam; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
Primary source
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Published
June 26, 2024
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-699-702 and 731-TA-1659-1660 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of frozen warmwater shrimp from Ecuador, India, Indonesia, and Vietnam, provided for in subheadings 0306.17.00, 1605.21.10, and 1605.29.10 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be subsidized and sold at less-than-fair-value.
Full Text
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<title>Federal Register, Volume 89 Issue 123 (Wednesday, June 26, 2024)</title>
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[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Notices]
[Pages 53444-53446]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13967]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-699-702 and 731-TA-1659-1660 (Final)]
Frozen Warmwater Shrimp From Ecuador, India, Indonesia, and
Vietnam; Scheduling of the Final Phase of Countervailing Duty and
Antidumping Duty Investigations
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-699-702 and 731-TA-1659-1660 (Final) pursuant to the Tariff Act
of 1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of frozen warmwater shrimp from Ecuador,
India, Indonesia, and Vietnam, provided for in subheadings 0306.17.00,
1605.21.10, and 1605.29.10 of the Harmonized Tariff Schedule of the
United States, preliminarily determined by the Department of Commerce
(``Commerce'') to be subsidized and sold at less-than-fair-value.
DATES: May 30, 2024.
FOR FURTHER INFORMATION CONTACT: Calvin Chang ((202) 205-3062), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as 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
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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.
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in Ecuador, India, and Vietnam of frozen warmwater shrimp,
and that such products from Ecuador and Indonesia are being sold in the
United States at less than fair value within the meaning of Sec. 733
of the Act (19 U.S.C. 1673b). The investigations were requested in
petitions filed on October 25, 2023, by the American Shrimp Processors
Association, Port Arthur, Texas.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Although Commerce has preliminarily determined that imports of
frozen warmwater shrimp from Indonesia are not being subsidized, for
purposes of efficiency, the Commission hereby waives rule 207.21(b) \1\
so that the final phase of the investigation may proceed concurrently
in the event that Commerce makes a final affirmative determination with
respect to such imports.
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\1\ Sec. 207.21(b) of the Commission's rules provides that,
where Commerce has issued a negative preliminary determination, the
Commission will publish a Final Phase Notice of Scheduling upon
receipt of an affirmative final determination from Commerce.
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Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on October
2, 2024, and a public version will be issued thereafter, pursuant to
Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on
Wednesday, October 16, 2024. Requests to appear at the hearing should
be filed in writing with the Secretary to the Commission on or before
Thursday, October 10, 2024. Any requests to appear as a witness via
videoconference must be included with your request to appear. Requests
to appear via videoconference must include a statement explaining why
the witness cannot appear in person; the Chairman, or other person
designated to conduct the investigation, may in their discretion for
good cause shown, grant such a request. Requests to appear as remote
witness due to illness or a positive COVID-19 test result may be
submitted by 3 p.m. the business day prior to the hearing. Further
information about participation in the hearing will be posted on the
Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on Friday,
October 11, 2024. Parties shall file and serve written testimony and
presentation slides in connection with their presentation at the
hearing by no later than 4:00 p.m. on Thursday, October 10, 2024. Oral
testimony and written materials to be submitted at the public hearing
are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the
Commission's rules. Parties must submit any request to present a
portion of their hearing testimony in camera no later than 7 business
days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is October 9, 2024. Parties shall also file
written testimony in connection with their presentation at the hearing,
and posthearing briefs, which must conform with the provisions of Sec.
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is October 23, 2024. In addition, any person who has not entered
an appearance as a party to the investigations may submit a written
statement of information
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pertinent to the subject of the investigations, including statements of
support or opposition to the petition, on or before October 23, 2024.
On November 4, 2024, the Commission will make available to parties all
information on which they have not had an opportunity to comment.
Parties may submit final comments on this information on or before
November 7, 2024, but such final comments must not contain new factual
information and must otherwise comply with Sec. 207.30 of the
Commission's rules. All written submissions must conform with the
provisions of Sec. 201.8 of the Commission's rules; any submissions
that contain BPI must also conform with the requirements of Sec. Sec.
201.6, 207.3, and 207.7 of the Commission's rules. The Commission's
Handbook on Filing Procedures, available on the Commission's website at
<a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>,
elaborates upon the Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: June 20, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-13967 Filed 6-25-24; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on June 26, 2024.
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