Notice2026-18697
Frozen Warmwater Shrimp From Ecuador: Amended Final Results 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
September 14, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the expedited review of the countervailing duty (CVD) order on frozen warmwater shrimp from Ecuador to correct ministerial errors. The period of review (POR) is January 1, 2022, through December 31, 2022.
Full Text
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<title>Federal Register, Volume 91 Issue 176 (Monday, September 14, 2026)</title>
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[Federal Register Volume 91, Number 176 (Monday, September 14, 2026)]
[Notices]
[Pages 58086-58087]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18697]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-331-806]
Frozen Warmwater Shrimp From Ecuador: Amended Final Results of
Countervailing Duty Expedited Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending the
final results of the expedited review of the countervailing duty (CVD)
order on frozen warmwater shrimp from Ecuador to correct ministerial
errors. The period of review (POR) is January 1, 2022, through December
31, 2022.
DATES: Applicable September 14, 2026.
FOR FURTHER INFORMATION CONTACT: Jonathan Hall-Eastman 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-
6467, or (202) 482-4390, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 6, 2026, Commerce published the Final Results of the
expedited review of the CVD order on frozen warmwater shrimp from
Ecuador in the Federal Register.\1\ On August 12, 2026, Commerce
notified interested parties of the deadline for the submission of
ministerial error comments concerning the Final Results.\2\ On August
17, 2026, Commerce received timely filed allegations of ministerial
errors from the Ad Hoc Shrimp Trade Action Committee (AHSTAC).\3\ On
August 24, 2026, Commerce received timely filed rebuttal comments from
Empacadora del Pacifico S.A. (Edpacif).\4\ No other interested party
commented on AHSTAC's allegations.
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\1\ See Frozen Warmwater Shrimp from Ecuador: Final Results of
Countervailing Duty Expedited Review, 91 FR 50765 (August 6, 2026)
(Final Results), and accompanying Issues and Decision Memorandum
(IDM); see also 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 Memorandum, ``Deadline for Ministerial Error Comments
Concerning the Final Results,'' dated August 12, 2026.
\3\ See AHSTAC's Letter, ``Ministerial Error Comments,'' dated
August 17, 2026 (Ministerial Error Comments).
\4\ See Edpacif's Letter, ``Rebuttal to Ministerial Error
Allegation filed by the Ad Hoc Shrimp Trade Action Committee,''
dated August 24, 2026 (Edpacif's Rebuttal Comments).
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Legal Framework
A ``ministerial error'' is defined as an error ``in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other
similar type of unintentional error which {Commerce{time} considers
ministerial.'' \5\ Any issue raised by an interested party as a
ministerial error which is, in fact, the result of a methodological
decision by Commerce will not be considered a ministerial error because
it would not meet the definition of the term in the controlling
regulation.\6\
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\5\ See 19 CFR 351.224(f); see also section 751(h) of the Tariff
Act of 1930, as amended (the Act) (setting forth the same
definition, which Commerce's regulation mirrors).
\6\ See, e.g., Alloy Piping Products v. United States, 201
F.Supp.2d 1267, 1285 (CIT 2002); see also 19 CFR 351.224(f).
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Commerce's regulations stipulate that the agency will disclose its
calculations to parties to the proceeding and that those parties may
submit comments concerning any ministerial error in such
calculations.\7\ Commerce will analyze any comments received and, if
appropriate, correct any ministerial error by amending the final
results of review.\8\
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\7\ See 19 CFR 351.224(b) and (c).
\8\ See 19 CFR 351.224(e).
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Ministerial Errors
AHSTAC alleges that Commerce made two ministerial errors in the
calculations underlying the Final Results. Commerce reviewed the record
and agrees that both of the errors alleged by AHSTAC constitute
ministerial errors within the meaning of section 751(h) of the Act and
19 CFR 351.224(f).\9\ Specifically, for Edpacif, Commerce made an
inadvertent error by referencing an incorrect figure in the final
calculation worksheet.\10\ For Nirsa/Proposorja, Commerce made an
inadvertent error by not implementing a revision in the final
calculation worksheet.\11\
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\9\ See Memorandum, ``Analysis of Ministerial Error
Allegation,'' dated concurrently with this Federal Register notice
(Ministerial Error Memorandum).
\10\ Id.
\11\ Id.
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Pursuant to 19 CFR 351.224(e), Commerce is amending the Final
Results to reflect the correction of the ministerial errors, as
described in the Ministerial Error Memorandum. Based on the
corrections, Edpacif final subsidy rate changed from 15.17 percent to
15.18 percent, and Nirsa/Proposorja final subsidy rate changed from
2.21 percent to 2.23 percent. The amended net subsidy rates are listed
in the ``Amended Final Results'' section below.
For a complete discussion of the ministerial error allegation, as
well as Commerce's analysis, see the accompanying Ministerial Error
Memorandum.\12\ The Ministerial Error Memorandum 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>.
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\12\ Id.
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Amended Final Results of Review
As a result of correcting the ministerial errors described above,
Commerce determines that the following net countervailable subsidy
rates exist for the following producers/exporters for which this
expedited review is being conducted for the period January 1, 2022,
through December 31, 2022:
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Subsidy rate
Company (percent ad
valorem)
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Empacadora del Pacifico S.A............................. 15.18
Nirsa S.A./Procesadora Posorja S.A...................... 2.23
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these amended final results of review to interested
parties within five
[[Page 58087]]
days after public announcement of the amended final results 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).
Cash Deposit Requirements
Pursuant to 19 CFR 351.214(l)(3)(ii), the final results of this
expedited review are not the basis for the assessment of countervailing
duties. Upon the issuance of these amended final results, Commerce will
instruct U.S. Customs and Border Protection (CBP) 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 these amended final
results of expedited review. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the destruction 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 violation subject to sanction.
Notification to Interested Parties
These amended final results are issued and published in accordance
with sections 777(i)(1), 777A(e), and 782 of the Act, and 19 CFR
351.214(l) and 351.224(e).
Dated: September 8, 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.
[FR Doc. 2026-18697 Filed 9-11-26; 8:45 am]
BILLING CODE 3510-DS-P
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