Notice2024-30694
Frozen Warmwater Shrimp From Indonesia: Antidumping Duty Order; Frozen Warmwater Shrimp From Ecuador, India, and the Socialist Republic of Vietnam: Countervailing Duty Orders
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 26, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing an antidumping duty (AD) order on frozen warmwater shrimp (shrimp) from Indonesia and countervailing duty (CVD) orders on shrimp from Ecuador, India, and the Socialist Republic of Vietnam (Vietnam).
Full Text
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<title>Federal Register, Volume 89 Issue 247 (Thursday, December 26, 2024)</title>
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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Notices]
[Pages 104982-104985]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30694]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-842, C-331-806, C-533-921, C-552-838]
Frozen Warmwater Shrimp From Indonesia: Antidumping Duty Order;
Frozen Warmwater Shrimp From Ecuador, India, and the Socialist Republic
of Vietnam: Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing an antidumping duty (AD) order on
frozen warmwater shrimp (shrimp) from Indonesia and countervailing duty
(CVD) orders on shrimp from Ecuador, India, and the Socialist Republic
of Vietnam (Vietnam).
DATES: Applicable December 26, 2024.
FOR FURTHER INFORMATION CONTACT: Benjamin Nathan (CVD India) at (202)
482-3834; Reginald Anadio or Zachary Shaykin (CVD Ecuador) at (202)
482-3166 or (202) 482-5377, respectively; Rachel Jennings or Miranda
Bourdeau (AD Indonesia) at (202) 482-1110 or (202) 482-2021,
respectively; and Adam Simons (CVD Vietnam) at (202) 482-6172; AD/CVD
Operations, Offices II, IV, V, and IX, respectively, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d), 735(d), and 777(i) of the
Tariff Act of 1930, as amended (the Act), on October 28, 2024, Commerce
published its affirmative final determination of sales at less than
fair value (LTFV) of shrimp from Indonesia,\1\ and its affirmative
final determinations that countervailable subsidies are being provided
to producers and exporters of shrimp from Ecuador, India, and
Vietnam.\2\
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\1\ See Frozen Warmwater Shrimp from Indonesia: Final
Affirmative Determination of Sales at Less-Than-Fair Value, 89 FR
85498 (October 28, 2024) (Shrimp from Indonesia Final Results).
\2\ See Frozen Warmwater Shrimp from Ecuador: Final Affirmative
Countervailing Duty Determination, 89 FR 85506 (October 28, 2024);
see also Frozen Warmwater Shrimp from India: Final Affirmative
Countervailing Duty Determination, 89 FR 85502 (October 28, 2024);
and Frozen Warmwater Shrimp from the Socialist Republic of Vietnam:
Final Affirmative Countervailing Duty Determination, 89 FR 85500
(October 28, 2024).
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On December 12, 2024, pursuant to sections 705(d) and 735(d) of the
Act, the ITC notified Commerce of its final affirmative determinations
that an industry in the United States is materially injured by reason
of dumped imports of shrimp from Indonesia, and subsidized imports of
shrimp from Ecuador, India, and Vietnam, within the meaning of sections
705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.\3\ On December 17,
2024, the ITC published its final determinations in the Federal
Register.\4\
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\3\ See ITC's Letter, ``Notification of ITC Final
Determination,'' dated December 12, 2024 (ITC Notification Letter).
\4\ See Frozen Warmwater Shrimp from Ecuador, India, Indonesia,
and Vietnam, 89 FR 102163 (December 17, 2024).
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Scope of the Orders
The merchandise covered by these orders is frozen warmwater shrimp
from Ecuador, India, Indonesia, and Vietnam. For a complete description
of the scope of the orders, see the appendix to this notice.
AD Order
On December 12, 2024, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determinations that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of imports of shrimp from
Indonesia that are sold in the United States at LTFV.\5\ Therefore, in
accordance with sections 735(c)(2) and 736 of the Act, Commerce is
issuing this AD order. Because the ITC determined that imports of
shrimp from Indonesia are materially injuring a U.S. industry,
unliquidated entries of such merchandise from Indonesia, entered or
withdrawn from warehouse for consumption, are subject to the assessment
of antidumping duties.
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\5\ See ITC Notification Letter.
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duty deposits
equal to the amount by which the normal value of the merchandise
exceeds the export price (or constructed export price) of the
merchandise on all relevant entries of shrimp from Indonesia.
Antidumping duties will be assessed on unliquidated entries of shrimp
entered, or withdrawn from warehouse, for consumption on or after May
30, 2024, the date of publication of the LTFV Preliminary
Determination,\6\ but will not include entries occurring after the
expiration of the provisional measures period and before publication of
the ITC's final injury determination, as further described below.
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\6\ 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) (LTFV Preliminary
Determination).
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Continuation of Suspension of Liquidation and Cash Deposits--AD
Except as noted in the ``Provisional Measures--AD'' section of this
notice, Commerce intends to instruct CBP to continue to suspend
liquidation on all relevant entries of shrimp from Indonesia, in
accordance with section 736 of the Act. Because the estimated weighted-
average dumping margin calculated for PT Bahari Makmur Sejati (BMS) in
the Final Determination was zero,\7\ entries of subject merchandise
produced and exported by BMS will not be subject to this order.
Accordingly, Commerce will direct CBP not to suspend liquidation of, or
to require
[[Page 104983]]
cash deposits of estimated antidumping duties on, entries of subject
merchandise produced and exported by BMS. Therefore, in accordance with
section 735(a)(4) of the Act and 19 CFR 351.204(e)(1), entries of
subject merchandise from this producer/exporter combination will be
excluded from the order. However, entries of subject merchandise from
BMS in any other producer/exporter combination, or by third parties
that sourced subject merchandise from the excluded producer/exporter
combination, will be subject to suspension of liquidation and cash
deposits of estimated antidumping duties at the all-others rate noted
below. These instructions suspending liquidations will remain in effect
until further notice.
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\7\ Shrimp from Indonesia Final Results, 89 FR at 85499.
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Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated in
the tables below. Accordingly, effective on the date of publication in
the Federal Register of the notice of the ITC's final affirmative
injury determination, CBP must require, at the same time as importers
would normally deposit estimated customs duties on subject merchandise,
a cash deposit equal to the rates listed in the table below.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
PT Bahari Makmur Sejati..................................... 0.00
PT First Marine Seafoods; PT Khom Foods..................... 3.90
All Others.................................................. 3.90
------------------------------------------------------------------------
Provisional Measures--AD
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that accounted for a significant proportion
of exports of shrimp from Indonesia, Commerce extended the four-month
period to no more than six months.\8\ In the underlying investigation,
Commerce published the LTFV Preliminary Determination on May 30, 2024.
Therefore, the six-month period beginning on the date of the
publication of the LTFV Preliminary Determination ended on November 25,
2024. Pursuant to section 737(b) of the Act, the collection of cash
deposits at the rates listed above will begin on the date of
publication of the ITC's final injury determination. Therefore, in
accordance with section 736(a)(1) of the Act and our practice, Commerce
will instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of shrimp from Indonesia entered, or withdrawn from warehouse, for
consumption on or after November 26, 2024, the first day provisional
measures were no longer in effect, until and through the day preceding
the date of publication of the ITC's final injury determination in the
Federal Register. Suspension of liquidation and the collection of cash
deposits will resume on the date of publication of the ITC's final
determination in the Federal Register.
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\8\ See LTFV Preliminary Determination.
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CVD Orders
As stated above, based on the above-referenced affirmative final
determination by the ITC that an industry in the United States is
materially injured within the meaning of section 705(b)(1)(A)(i) of the
Act by reason of subsidized imports of shrimp from Ecuador, India, and
Vietnam,\9\ in accordance with section 705(c)(2) of the Act, Commerce
is issuing these CVD orders. Moreover, because the ITC determined that
imports of shrimp from Ecuador, India, and Vietnam are materially
injuring a U.S. industry, unliquidated entries of subject merchandise
from Ecuador, India, and Vietnam entered, or withdrawn from warehouse,
for consumption, are subject to the assessment of countervailing
duties.
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\9\ See ITC Notification Letter.
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Therefore, in accordance with section 706(a) of the Act, Commerce
intends to direct CBP to assess, upon further instructions by Commerce,
countervailing duties on all relevant entries of shrimp from Ecuador,
India, and Vietnam, which are entered, or withdrawn from warehouse, for
consumption on or after April 1, 2024, the date of publication of the
CVD Preliminary Determinations,\10\ but will not include entries
occurring after the expiration of the provisional measures period and
before the publication of the ITC's final injury determination under
section 705(b) of the Act, as further described in the ``Provisional
Measures--CVD'' section of this notice.
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\10\ See Frozen Warmwater Shrimp from Ecuador: Preliminary
Affirmative Countervailing Duty Determination, and Alignment of
Final Determination With the Final Antidumping Duty Determination,
89 FR 22379 (April 1, 2024); see also Frozen Warmwater Shrimp from
India: Preliminary Affirmative Countervailing Duty Determination,
and Alignment of Final Determination With Final Antidumping Duty
Determination, 89 FR 22386 (April 1, 2024); and Frozen Warmwater
Shrimp from the Socialist Republic of Vietnam: Preliminary
Affirmative Countervailing Duty Determination, and Alignment of
Final Determination With Final Antidumping Duty Determination, 89 FR
22374 (April 1, 2024) (collectively, CVD Preliminary
Determinations). We note that the preliminary determination for
Ecuador was subsequently amended. See Frozen Warmwater Shrimp from
Ecuador: Amended Preliminary Determination of Countervailing Duty
Investigation, 89 FR 31722 (April 25, 2024).
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Suspension of Liquidation and Cash Deposits--CVD
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of shrimp
from Ecuador, India, and Vietnam, effective on the date of publication
of the ITC's final affirmative injury determination in the Federal
Register, and to assess, upon further instruction by Commerce, pursuant
to section 706(a)(1) of the Act, countervailing duties on each entry of
subject merchandise in an amount based on the net countervailable
subsidy rates below. On or after the date of publication of the ITC's
final injury determination in the Federal Register, CBP must require,
at the same time as importers would normally deposit estimated customs
duties on this merchandise, a cash deposit equal to the rates listed in
the table below. These instructions suspending liquidation will remain
in effect until further notice. The all-others rate applies to all
producers or exporters not specifically listed below, as appropriate.
Estimated Countervailing Duty Subsidy Rates
The estimated countervailing duty subsidy rates are as follows:
[[Page 104984]]
------------------------------------------------------------------------
Subsidy rate (percent
Company ad valorem)
------------------------------------------------------------------------
Ecuador
------------------------------------------------------------------------
Industrial Pesquera Santa Priscila S.A \11\.... 3.57
Sociedad Nacional de Gal[aacute]pagos C.A \12\. 4.41
All Others..................................... 3.78
------------------------------------------------------------------------
India
------------------------------------------------------------------------
Devi Sea Foods Limited \13\.................... 5.87
Sandhya Aqua Exports Private Limited \14\...... 5.63
All Others..................................... 5.77
------------------------------------------------------------------------
Vietnam
------------------------------------------------------------------------
Soc Trang Seafood Joint Stock Company.......... 2.84
Thong Thuan Company Limited.................... 221.82
All Others..................................... 2.84
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Provisional Measures--CVD
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\11\ Commerce has found the following companies to be cross-
owned with Industrial Pesquera Santa Priscila S.A: Manesil S.A.,
Produmar S.A., Egidiosa S.A., and Tropical Packing Ecuador S.A.
\12\ Commerce has found the following companies to be cross-
owned with Sociedad Nacional de Gal[aacute]pagos C.A: Naturisa S.A.,
Holding Sola & Sola Solacciones S.A., and Empacadora Champmar S.A.
\13\ Commerce has found the following companies to be cross-
owned with Devi Sea Foods Limited: Devi Sea Foods Inc, Devee Horizon
LLP, Devee Power Corporation Limited, and Devee Superior Feeds
Limited.
\14\ Commerce has found the following company to be cross-owned
with Sandhya Aqua Exports Private Limited: Neeli Sea Foods Private
Limited, Vijay Aqua Processors Private Limited, and Neeli Aqua
Farms.
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Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the CVD
Preliminary Determinations on April 1, 2024.\15\ As such, the four-
month period beginning on the date of the publication of the CVD
Preliminary Determinations ended on July 29, 2024.
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\15\ See CVD Preliminary Determinations.
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Therefore, in accordance with section 703(d) of the Act, we
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of shrimp from Ecuador, India, and Vietnam or withdrawn from
warehouse, for consumption, on or after July 30, 2024, the date on
which the provisional measures expired, until and through the day
preceding the date of publication of the ITC's final injury
determination in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC's final determination in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\16\ On September 27, 2021, Commerce also published
the Procedural Guidance in the Federal Register.\17\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.
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\16\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\17\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \18\
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\18\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\19\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\19\ See Procedural Guidance, 86 FR at 53206.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for Petitioner and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be
[[Page 104985]]
placed on the annual inquiry service list in the years that follow.''
\20\ Accordingly, as stated above, the petitioner and the Governments
of Ecuador, India, Indonesia, and Vietnam should submit their initial
entries of appearance after publication of this notice in order to
appear in the first annual inquiry service lists for these orders.
Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Governments of
Ecuador, India, Indonesia, and Vietnam will not need to resubmit their
entries of appearance each year to continue to be included on the
annual inquiry service list. However, the petitioner and the
Governments of Ecuador, India, Indonesia, and Vietnam are responsible
for making amendments to their entries of appearance during the annual
update to the annual inquiry service list in accordance with the
procedures described above.
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\20\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the AD order with respect to shrimp from
Indonesia and the CVD orders with respect to shrimp from Ecuador,
India, and Vietnam, pursuant to sections 706(a) and 736(a) of the Act.
Interested parties can find a list of AD and CVD orders currently in
effect at <a href="https://www.trade.gov/datavisualization/adcvd-proceedings">https://www.trade.gov/datavisualization/adcvd-proceedings</a>.
These orders are issued and published in accordance with sections
706(a) and 736(a) of the Act and 19 CFR 351.211(b).
Dated: December 18, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The scope of these orders 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.
[FR Doc. 2024-30694 Filed 12-23-24; 8:45 am]
BILLING CODE 3510-DS-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.