Notice2024-24953
Frozen Warmwater Shrimp From Indonesia: Final Affirmative Determination of Sales at Less-Than-Fair Value
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
October 28, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that imports of frozen warmwater shrimp (shrimp) from Indonesia are being, or are likely to be, sold in the United States at less-than-fair value (LTFV) for the period of investigation (POI) October 1, 2022, through September 30, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 208 (Monday, October 28, 2024)</title>
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[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Notices]
[Pages 85498-85500]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24953]
[[Page 85498]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-842]
Frozen Warmwater Shrimp From Indonesia: Final Affirmative
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 Indonesia are being,
or are likely to be, sold in the United 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: 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
On May 30, 2024, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
shrimp from Indonesia.\1\ We invited interested parties to comment on
the Preliminary Determination. On July 22, 2024, Commerce tolled
certain deadlines in this administrative proceeding by seven days.\2\
The deadline for the final determination is now October 21, 2024.\3\
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\1\ See Frozen Warmwater Shrimp from Indonesia: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 89 FR 46861 (May 30, 2024) (Preliminary Determination),
and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ Id.
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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
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues
and 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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\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of Sales at Less-Than-Fair-Value of
Frozen Warmwater Shrimp from Indonesia,'' dated concurrently with,
and hereby adopted by, this notice (Issues and 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
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 Tariff Act of 1930, as amended
(the Act), Commerce verified the sales and cost information submitted
by PT Bahari Makmur Sejati (BMS),\5\ and PT First Marine Seafoods and
PT Khom Foods (collectively, First Marine/Khom Foods) \6\ for use in
our final determination. We used standard verification procedures,
including an examination of relevant sales and accounting records, and
original source documents provided by BMS and First Marine/Khom Foods.
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\5\ See Memoranda, ``Verification of the Questionnaire Responses
of PT Bahari Makmur Sejati in the Less-Than-Fair-Value Investigation
of Frozen Warmwater Shrimp from Indonesia,'' dated July 22, 2024;
and ``Verification of the Cost Response of PT Bahari Makmur Sejati
in the Antidumping Duty Investigation of Frozen Warmwater Shrimp
from Indonesia,'' dated August 6, 2024.
\6\ See Memoranda, ``Verification of the Questionnaire Responses
of PT First Marine Seafoods and PT Khom Foods in the Less-Than-Fair-
Value Investigation of Frozen Warmwater Shrimp from Indonesia,''
dated August 2, 2024, and ``Verification of the Cost Response of PT
First Marine Seafoods in the Less Than Fair Value Investigation of
Frozen Warm Water Shrimp from Indonesia,'' dated September 6, 2024.
In the Preliminary Determination, Commerce determined that PT First
Marine Seafoods and PT Khom Foods are a single entity and no party
commented on this finding. Accordingly, we continue to treat these
companies as a single entity for this final determination. See
Preliminary Determination PDM at 5.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by interested
parties in this investigation are addressed in the Issues and Decision
Memorandum. A list of the issues raised is attached to this notice as
Appendix II.
Changes Since the Preliminary Determination
We have made certain changes since the Preliminary Determination.
See the Issues and Decision Memorandum for a discussion of these
changes.
Use of Adverse Facts Available
In making this final determination, Commerce relied, in part, on
facts otherwise available with an adverse inference (AFA), pursuant to
sections 776(a) and (b) of the Act, in determining BMS's domestic
brokerage and handling expenses. For further discussion of our
application of AFA, see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that 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.
For the final determination of this investigation, Commerce
calculated an estimated weighted-average dumping margin of 0.00 percent
for BMS, and an estimated weighted-average dumping margin of 3.90
percent for First Marine/Khom Foods. 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.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
[[Page 85499]]
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Weighted-average
Exporter/producer dumping margin
(percent) \7\
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PT Bahari Makmur Sejati............................. 0.00
PT First Marine Seafoods/PT Khom Foods.............. 3.90
All Others.......................................... 3.90
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Disclosure
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\7\ Commerce determined that countervailable subsidies are not
being provided to producers and exporters of shrimp from Indonesia.
See Memorandum, ``Decision Memorandum for the Final Negative
Determination of the Countervailing Duty Investigation of Frozen
Warmwater Shrimp from Indonesia,'' dated concurrently with this
notice.
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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).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of subject merchandise, as described
in Appendix I of this notice, which were entered, or withdrawn from
warehouse, for consumption on or after May 30, 2024, the date of
publication of the Preliminary Determination in the Federal Register
except for those entries of subject merchandise produced and exported
by BMS.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, we will instruct CBP
to require a cash deposit for estimated weighted-average antidumping
duties as follows: (1) the cash deposit rate for the companies listed
in the table above that exported the subject merchandise will be equal
to the company-specific estimated weighted-average dumping margins
determined in this final determination; (2) if the exporter is not a
company identified in the table 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; and (3) the cash deposit rate for all other
producers and exporters will be equal to the estimated weighted-average
dumping margin for all other producers and exporters. These suspension
of liquidation instructions will remain in effect until further notice.
Because the estimated weighted-average dumping margin for BMS is
zero, entries of shipments of subject merchandise that are produced and
exported by BMS will not be subject to suspension of liquidation or
cash deposit requirements. In such situations, Commerce also applies
the exclusion from the provisional measures to the producer/exporter
combination that was examined in the investigation. Accordingly,
Commerce will not be directing CBP to suspend liquidation of entries of
subject merchandise produced and exported by BMS. However, entries of
subject merchandise from this company in any other producer/exporter
combination (i.e., where BMS is either the producer or the exporter,
but not both), or by third parties that sourced subject merchandise
from the excluded producer/exporter combination, will be subject to
suspension of liquidation at the all-others rate.
Further, because the estimated weighted-average dumping margin is
zero for subject merchandise produced and exported by BMS, entries of
such merchandise will be excluded from the potential antidumping duty
order. Such an exclusion will not be applicable to merchandise exported
to the United States by this respondent in any other producer/exporter
combinations or by third parties that sourced subject merchandise from
the excluded producer/exporter combination.
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 final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports of shrimp from
Indonesia no later than 45 days after this final determination. 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 ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of 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.
[[Page 85500]]
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.
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 BMS's Cost Reporting Warrants the Application
of Total AFA
Comment 2: Whether Commerce Should Rely on BMS's Reported
Selling Prices and Expenses for Products Containing Sauce
Comment 3: Whether Commerce Should Apply Partial AFA to BMS's
Reported Domestic Brokerage and Handling Expenses (DBROKU)
Comment 4: Whether Commerce Should Use BMS's Quarterly Cost Data
Comment 5: Whether Commerce Should Revise BMS's ``Transactions
Disregarded'' Calculation
Comment 6: Whether Commerce Should Reject the Petitioner's Pre-
Verification Comments
Comment 7: Whether Commerce Should Reject First Marine/Khom
Foods' Raw Material Cost Reporting
Comment 8: Whether Commerce Should Make a Correction to First
Marine/Khom Foods' Final Margin Program
Comment 9: Whether Commerce Should Continue to Rely on the
Financial Statements of PT Central Poteina Prima Tbk (CP Prima) to
Calculate Constructed Value (CV) Profit and Selling Expenses
V. Recommendation
[FR Doc. 2024-24953 Filed 10-25-24; 8:45 am]
BILLING CODE 3510-DS-P
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