Notice2025-03614
Frozen Warmwater Shrimp From Ecuador: Initiation of Expedited Review of the Countervailing Duty Order
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
March 6, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is initiating an expedited review of the countervailing duty order on frozen warmwater shrimp (shrimp) from Ecuador.
Full Text
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<title>Federal Register, Volume 90 Issue 43 (Thursday, March 6, 2025)</title>
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[Federal Register Volume 90, Number 43 (Thursday, March 6, 2025)]
[Notices]
[Pages 11398-11400]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03614]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-331-806]
Frozen Warmwater Shrimp From Ecuador: Initiation of Expedited
Review of the Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is initiating an
expedited review of the countervailing duty order on frozen warmwater
shrimp (shrimp) from Ecuador.
DATES: Applicable March 6, 2025.
FOR FURTHER INFORMATION CONTACT: Reginald Anadio or Zachary Shaykin,
AD/CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3166 or (202)
482-2638, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 26, 2024, Commerce published the countervailing duty
order on shrimp from Ecuador.\1\ On January 24, 2025, Commerce received
requests for an expedited review of the Order from six companies:
Empacadora del Pacifico S.A. (Edpacif); Nirsa S.A. (Nirsa); Procesadora
Posorja S.A. (Proposorja); Productos Perecibles y Marisco S.A.
(Propemar); Exportadora Total Seafood S.A. (Total Seafood); and Natluk
S.A. (Natluk).\2\ These companies,
[[Page 11399]]
which were not selected for individual examination during the
investigation, made these requests pursuant to 19 CFR 351.214(l).
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\1\ See Frozen Warmwater Shrimp from Indonesia: Antidumping Duty
Order; Frozen Warmwater Shrimp from Ecuador, India, and the
Socialist Republic of Vietnam: Countervailing Duty Orders, 89 FR
104982 (December 26, 2024) (Order).
\2\ See Edpacif's Letter, ``Frozen Warmwater Shrimp from
Ecuador--Empacadora del Pacifico's Request for Expedited Review,''
dated January 24, 2025; see also Nirsa and Proposorja's Letter,
``Frozen Warmwater Shrimp from Ecuador--Nirsa's and Proposorja's
Requests for Expedited Review,'' dated January 24, 2025; Propemar's
Letter, ``Frozen Warmwater Shrimp from Ecuador--Propemar's Request
for Expedited Review,'' dated January 24, 2025; Total Seafood's
Letter, ``Frozen Warmwater Shrimp from Ecuador--Total Seafood's
Request for Expedited Review,'' dated January 24, 2025; and Natluk's
Letter, ``Frozen Warmwater Shrimp from Ecuador--Natluk's Request for
Expedited Review,'' dated January 24, 2025.
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Period of Review
As specified by 19 CFR 351.214(l)(3)(i), the period of review will
be the same as the original period of investigation, i.e., January 1,
2022, through December 31, 2022.
Scope of the Review
The merchandise covered by this expedited review is shrimp from
Ecuador. For a full description of the scope of this review, see the
appendix to this notice.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exemption
applies.\3\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\3\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Initiation of Expedited Review
In accordance with 19 CFR 351.214(l)(1)(i)-(iii), each company that
requested a review certified that it exported the subject merchandise
to the United States during the period of investigation; that it was
not affiliated with an exporter or producer that Commerce individually
examined in the investigation; and that it informed the Government of
Ecuador, as the government of the exporting country, that the
government will be required to provide a full response to Commerce's
countervailing duty questionnaire.
Therefore, in accordance with 19 CFR 351.214(k), we are initiating
an expedited review of the countervailing duty order on shrimp from
Ecuador. Pursuant to 19 CFR 351.214(i)(1) (l)(3), we intend to issue
the preliminary results of this expedited review not later than 180
days from the date of initiation of this review.\4\
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\4\ Under 19 CFR 351.214(k)(i)(2), this period may be extended
to 300 days.
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Pursuant to 19 CFR 351.214(l)(3)(ii), the final results of this
expedited review will not be the basis for the assessment of
countervailing duties. Instead, this expedited review is intended to
establish individual cash deposit rates for those companies that
requested an expedited review, or to exclude from the countervailing
duty order a company for which the final results of expedited review
are zero or de minimis, as provided in 19 CFR 351.214(l)(3)(iii).
Pursuant to 19 CFR 351.214(f), we will rescind the expedited review
for any company that withdraws its request for expedited review within
60 days after the date of publication of this notice of initiation.
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \5\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\6\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this review.
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\5\ See 19 CFR 351.301(b).
\6\ See 19 CFR 351.301(b)(2).
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Extension of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\7\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m., Eastern Time, on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\8\
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\7\ See 19 CFR 351.301; see also Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final Rule),
available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.html">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.html</a>.
\8\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an antidumping or
countervailing duty proceeding must certify the accuracy and
completeness of that information.\9\ Parties must use the certification
formats provided in 19 CFR 351.303(g).\10\ Commerce intends to reject
factual submissions if the submitting party does not comply with the
applicable certification requirements.
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\9\ See section 782(b) of the Act.
\10\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
administrative protective orders in accordance with 19 CFR 351.305.
Parties wishing to participate in these investigations should ensure
that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing
the required letters of appearance). Note that Commerce has modified
certain of its regulations pertaining to the service of documents in 19
CFR 351.303(f).\11\
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\11\ Effective October 30, 2023, these changes apply to all AD/
CVD proceedings that are ongoing on the effective date and all AD/
CVD proceedings initiated on or after the effective date. See
Administrative Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
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[[Page 11400]]
This notice is issued and published in accordance with 19 CFR
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351.214(l)(2)(i).
Dated: February 28, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix--Scope of the Order
The scope of this Order 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
vannamei), 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 1605.20.10.20); (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 1605.20.05.10); (5) dried shrimp and prawns; (6) canned
warmwater shrimp and prawns (HTSUS subheading 1605.20.10.40); (7)
certain dusted shrimp; and (8) certain battered shrimp. Dusted
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
nonshrimp content of the end product constituting between four and
10 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. Battered shrimp
is a shrimp-based product that, when dusted in accordance with the
definition of dusting above, is 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. 2025-03614 Filed 3-5-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 6, 2025.
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