Notice2026-04612
Frozen Warmwater Shrimp From Ecuador: Preliminary Results and Partial Rescission of Countervailing Duty Expedited Review
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 10, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an expedited review of the countervailing duty (CVD) order on frozen warmwater shrimp (shrimp) from Ecuador for the producers/exporters that requested a review. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 91 Issue 46 (Tuesday, March 10, 2026)</title>
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[Federal Register Volume 91, Number 46 (Tuesday, March 10, 2026)]
[Notices]
[Pages 11511-11512]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04612]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-331-806]
Frozen Warmwater Shrimp From Ecuador: Preliminary Results and
Partial Rescission of Countervailing Duty Expedited Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
expedited review of the countervailing duty (CVD) order on frozen
warmwater shrimp (shrimp) from Ecuador for the producers/exporters that
requested a review. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable March 10, 2026.
FOR FURTHER INFORMATION CONTACT: Zachary Shaykin or Stephanie Trejo,
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) 482-2638 or (202)
482-4390, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 26, 2024, Commerce published in the Federal Register
the CVD order on shrimp from Ecuador.\1\ On March 6, 2025, in
accordance with 19 CFR 351.214(l)(3)(i), Commerce initiated an
expedited review of the Order for six companies that requested a
review.\2\ Subsequently, two companies withdrew their requests for a
review.\3\ The period of review is January 1, 2022, through December
31, 2022.
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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 Frozen Warmwater Shrimp from Ecuador: Initiation of
Expedited Review of the Countervailing Duty Order, 90 FR 11398
(March 6, 2025) (Initiation Notice).
\3\ See Natluk S.A. (Natluk)'s Letter, ``Natluk S.A. Request for
Withdrawal from Expedited Review,'' dated April 15, 2025 (Natluk's
Letter of Withdrawal); see also Exportadora Total Seafood S.A.
(Total Seafood)'s Letter, ``Exportadora Total Seafood S.A. Request
for Withdrawal from Expedited Review,'' dated April 15, 2025 (Total
Seafood's Letter of Withdrawal).
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On August 20, 2025, Commerce extended the deadline for these
preliminary results by 118 days.\4\ Due to the lapse in appropriations
and Federal Government shutdown, on November 14, 2025, Commerce tolled
all deadlines in administrative proceedings by 47 days.\5\
Additionally, due to a backlog of documents that were electronically
filed via Enforcement and Compliance's Antidumping and Countervailing
Duty Centralized Electronic Service System (ACCESS) during the Federal
Government shutdown, on November 24, 2025, Commerce tolled all
deadlines in administrative proceedings by an additional 21 days.\6\
Finally, on February 27, 2026, we extended the preliminary results of
this expedited review by two days.\7\
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\4\ See Memorandum, ``Expedited Review of the Countervailing
Duty Order on Frozen Warmwater Shrimp from Ecuador: Extension of
Deadline for Preliminary Results,'' dated August 20, 2025.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated November 14, 2025.
\6\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Expedited Review of the Countervailing Duty Order of
Frozen Warmwater Shrimp from Ecuador,'' dated February 27, 2026.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\8\
A list of topics included in the Preliminary Decision Memorandum is
included in the appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically 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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\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Expedited Review of the Countervailing Duty Order on
Frozen Warmwater Shrimp from Ecuador,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The product covered by the Order is shrimp from Ecuador. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Partial Rescission of Expedited Review
Pursuant to 19 CFR 351.214(f)(1), Commerce will rescind an
expedited review for any company that withdraws its request for an
expedited review within 60 days after the date of publication of the
notice of initiation. The Initiation Notice for this expedited review
was published on March 6, 2025.\9\ Natluk and Total Seafood timely
filed withdrawals of review requests within the 60-day window from this
date (i.e., before May 5, 2025).\10\ Therefore, in accordance with 19
CFR 351.214(f)(1), we are rescinding the expedited review of the Order
with respect to Natluk and Total Seafood. The expedited review will
continue with respect to all other firms for which a review was
initiated.
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\9\ See Initiation Notice.
\10\ See Natluk's Letter of Withdrawal; and Total Seafood's
Letter of Withdrawal.
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Methodology
Commerce is conducting this expedited review in accordance with 19
CFR 351.214(l)(3). For each subsidy program found countervailable, we
preliminarily find that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\11\ We calculated a CVD
rate for each producer/exporter of the subject merchandise that
requested an expedited review with the exception
[[Page 11512]]
of the producers/exporters for which we are rescinding this review. For
a full description of the methodology underlying the preliminary
results, see the Preliminary Decision Memorandum.
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\11\ See sections 771(5)(B) and (D) of the Tariff Act of 1930,
as amended (the Act), regarding financial contribution; section
771(5)(E) of the Act regarding benefit; and section 771(5A) of the
Act regarding specificity.
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Preliminary Results of Review
We preliminarily determine that the following estimated net
countervailable subsidy rates exist for the following producers/
exporters for which this expedited review is being conducted:
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\12\ We preliminarily determine that the following entities are
cross-owned with Empacadora del Pacifico S.A.: Grupacif S.A., Masi
S.A., Acuanorte S.A., and Acuicola Mobe Cia Ltda.
\13\ We preliminarily determine that the following entities are
cross-owned with Nirsa S.A. and Procesadora Posorja S.A.:
Corporacion Real S.A., Camarones y Langostinos del Mar S.A.,
Terraquil S.A., Luthorcorp S.A., Promusterra S.A., and Penaeus S.A.
\14\ We preliminarily determine that the following entity is
cross-owned with Productos Perecibles y Mariscos S.A.: Diva S.A.
\15\ See Designations of Developing and Least Developed
Countries Under the Countervailing Duty Law, 85 FR 7613, 7615
(February 10, 2020).
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Net countervailable subsidy
Producer and/or exporter rate (percent ad valorem)
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Empacadora del Pacifico S.A. and its cross- 13.73.
owned affiliates \12\.
Nirsa S.A. and Procesadora Posorja S.A. 2.18.
and certain of their cross-owned
affiliates \13\.
Productos Perecibles y Mariscos S.A. and 0.28 (de minimis).\15\
certain of its cross-owned affiliates
\14\.
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Disclosure
Commerce intends to disclose its calculations and analysis
performed for these preliminary results 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).
Public Comment
Commerce will notify interested parties as to the briefing schedule
in this expedited review at a later date to be determined. 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.\16\
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.\17\ All briefs must be filed electronically
using ACCESS. An electronically filed document must be received
successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the
established deadline.
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\16\ 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 Procedures).
\17\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\18\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final results in this expedited
review. We request that interested parties include footnotes for
relevant citations in the 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).\19\ Pursuant to 19 CFR
351.310(c), interested parties who wish to request a hearing must
submit a written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice. Requests
should contain: (1) the party's name, address, and telephone number;
(2) the number of participants, and whether any participant is a
foreign national; and (3) a list of issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, Commerce will inform
parties of the time and date for the hearing.\20\ Parties should
confirm by telephone the date, time, and location of the hearing two
days before the scheduled date.
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\18\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\19\ See APO and Service Procedures.
\20\ See 19 CFR 351.310(d).
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Cash Deposit Requirements
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. Upon issuing the final results, Commerce intends
to instruct U.S. Customs and Border Protection to collect cash deposits
of estimated countervailing duties for the companies subject to this
expedited review, at the rates shown above, on shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this expedited
review. These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Final Results of Expedited Review
Unless extended, Commerce intends to issue the final results of
this expedited review, which will include the results of our analysis
of the issues raised in the case briefs, within 120 days after the date
of publication of these preliminary results in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.214(i)(1).
Notification to Interested Parties
These preliminary results and notice are issued and published in
accordance with sections 751(a)(1), 777(i)(1), and 777A(e) of the Act,
and 19 CFR 351.214(l).
Dated: March 3, 2026.
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
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of Ecuador's Economy
V. Subsidies Valuation
VI. Benchmarks
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2026-04612 Filed 3-9-26; 8:45 am]
BILLING CODE 3510-DS-P
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