Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Notices 81053 

13See Administrative Protective Order, Service, 

and Other Procedures in Antidumping and 

Countervailing Duty Proceedings; Final Rule, 88 FR 

67069 (September 29, 2023). 

1See Petitioner’s Letter, ‘‘Petitions for the 

Imposition of Antidumping and Countervailing 

Duties on Frozen Warmwater Shrimp from Ecuador, 

India, Indonesia, and the Socialist Republic of 

Vietnam,’’ dated October 25, 2023 (Petitions). 

2 Id. 

3See Commerce’s Letters, ‘‘Petition for the 

Imposition of Countervailing Duties on Imports of 

Frozen Warmwater Shrimp from Ecuador: 

Supplemental Questions,’’ dated October 27, 2023; 

‘‘Petition for the Imposition of Countervailing 

Duties on Imports of Frozen Warmwater Shrimp 

from the Socialist Republic of Vietnam: 

Supplemental Questions, dated October 27, 2023; 

‘‘Petition for the Imposition of Countervailing 

Duties on Imports of Frozen Warmwater Shrimp 

from Indonesia: Supplemental Questions,’’ dated 

October 27, 2023; ‘‘Petition for the Imposition of 

Countervailing Duties on Imports of Frozen 

Warmwater Shrimp from India: Supplemental 

Questions,’’ dated October 27, 2023; ‘‘Petitions for 

the Imposition of Antidumping and Countervailing 

Duties on Imports of Frozen Warmwater Shrimp 

from Ecuador, India, Indonesia, and the Socialist 

Republic of Vietnam: Supplemental Questions,’’ 

dated October 30, 2023 (General Issues 

Supplemental Questionnaire); ‘‘Petition for the 

Imposition of Countervailing Duties on Imports of 

Frozen Warmwater Shrimp from the Socialist 

Republic of Vietnam: Additional Supplemental 

Questions,’’ dated October 31, 2023; ‘‘Petition for 

the Imposition of Countervailing Duties on Imports 

of Frozen Warmwater Shrimp from the Socialist 

Republic of Vietnam: Additional Supplemental 

Questions,’’ dated November 8, 2023; 

Memorandum, ‘‘Phone Call with Counsel to the 

Petitioner,’’ dated November 6, 2023 (November 6 

Memorandum); and Memorandum, ‘‘Phone Call 

with Counsel to the Petitioner,’’ dated November 9, 

2023. 

4See Petitioner’s Letter, ‘‘Amendment to Petitions 

for the Imposition of Antidumping and 

Countervailing Duties on Frozen Warmwater 

Shrimp from Ecuador, India, Indonesia, and 

Vietnam,’’ dated October 26, 2023 (Scope 

Amendment). 

5See Petitioner’s Letters, ‘‘Countervailing Duty 

Investigation of Frozen Warmwater Shrimp from 

the Socialist Republic of Vietnam; Amendment to 

the Petition for the Imposition of Countervailing 

Duties on Frozen Warmwater Shrimp from 

Vietnam,’’ dated October 31, 2023; ‘‘Petition for the 

Imposition of Countervailing Duties on Frozen 

Warmwater Shrimp from Indonesia: Petition 

Supplemental Questions Response,’’ dated October 

31, 2023; ‘‘Petition for the Imposition of 

Countervailing Duties on Warmwater Shrimp from 

India: Petition Supplemental Questions Response,’’ 

dated October 31, 2023; ‘‘Petition for the Imposition 

of Antidumping and Countervailing Duties on 

Imports of Frozen Warmwater Shrimp from 

Ecuador, India, Indonesia, and Vietnam: Petition 

Supplemental Questions Response,’’ dated 

November 1, 2023 (First General Issues 

Supplement); ‘‘Petition for the Imposition of 

Countervailing Duties on Frozen Warmwater 

Shrimp from Ecuador: Petition Supplemental 

Questions Response,’’ dated November 1, 2023; 

‘‘Countervailing Duty Investigation of Frozen 

Warmwater Shrimp from the Socialist Republic of 

Vietnam: Second Amendment to the Petition for the 

Imposition of Countervailing Duties on Frozen 

Warmwater Shrimp from Vietnam,’’ dated 

November 2, 2023; ‘‘Petition for the Imposition of 

Antidumping and Countervailing Duties on Imports 

of Frozen Warmwater Shrimp from Ecuador, India, 

Indonesia, and Vietnam: Second Supplemental 

Questions Response,’’ dated November 8, 2023 

(Second General Issues Supplement); 

‘‘Countervailing Duty Investigation of Frozen 

Warmwater Shrimp from the Socialist Republic of 

Vietnam: Third Amendment to the Petition for the 

Imposition of Countervailing Duties on Frozen 

Warmwater Shrimp from Vietnam,’’ dated 

November 9, 2023; and ‘‘Petition for the Imposition 

of Antidumping and Countervailing Duties on 

Imports of Frozen Warmwater Shrimp from 

Ecuador, India, Indonesia, and Vietnam: Petition 

3rd Supplemental Question Response,’’ dated 

November 13, 2023 (Third General Issues 

Supplement). 

requirements pertaining to the service of 

documents in 19 CFR 351.303(f).13

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, must submit a 

written request to the Assistant 

Secretary for Enforcement and 

Compliance, U.S. Department of 

Commerce, within 30 days after the 

publication of this notice. Requests 

should contain the party’s name, 

address, telephone number, the number 

of participants, whether any participant 

is a foreign national, and a list of the 

issues to be discussed. If a request for 

a hearing is made, Commerce intends to 

hold the hearing at a time and date to 

be determined. Parties should confirm 

by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

Unless the deadline is extended, 

Commerce intends to issue the final 

determination of this inquiry, including 

the results of its analysis of the issues 

raised in any written briefs, no later 

than 300 days from the date of initiation 

of the inquiry, pursuant to 19 CFR 

351.226(e)(2). As such, the deadline to 

issue the final determination is 

currently March 27, 2024. 

Notification to Interested Parties 

Commerce is issuing and publishing 

this affirmative preliminary 

determination of circumvention in 

accordance with sections 781(c) of the 

Act, 19 CFR 351.226(j), and 19 CFR 

351.226(g)(1). 

Dated: November 14, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix—List of Topics Discussed in 

the Preliminary Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Orders 

IV. Merchandise Subject to the 

Circumvention Inquiry 

V. Statutory and Regulatory Framework 

VI. Circumvention Analysis 

VII. Preliminary Affirmative Determination of 

Circumvention 

VIII. Recommendation 

[FR Doc. 2023–25689 Filed 11–20–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–331–806; C–533–921; C–560–843; C– 

552–838] 

Frozen Warmwater Shrimp From 

Ecuador, India, Indonesia, and the 

Socialist Republic of Vietnam: 

Initiation of Countervailing Duty 

Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable November 14, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Zachary Shaykin (Ecuador), Steven 

Seifert (India), Kelsie Hohenberger 

(Indonesia), and Adam Simons 

(Vietnam), AD/CVD Operations, Offices 

II, IV, V, and IX, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–2630, (202) 482–3350, (202) 

482–2517, or (202) 482–6172, 

respectively. 

SUPPLEMENTARY INFORMATION: 

The Petitions 

On October 25, 2023, the U.S. 

Department of Commerce (Commerce) 

received countervailing duty (CVD) 

petitions concerning imports of frozen 

warmwater shrimp (shrimp) from 

Ecuador, India, Indonesia, and the 

Socialist Republic of Vietnam (Vietnam) 

filed in proper form on behalf of the 

American Shrimp Processors 

Association (ASPA or the petitioner).1

The CVD petitions were accompanied 

by antidumping duty (AD) petitions 

concerning imports of shrimp from 

Ecuador and Indonesia.2

On October 27, 2023, through 

November 9, 2023, Commerce requested 

supplemental information pertaining to 

certain aspects of the Petitions.3 On 

October 26, 2023, the petitioner filed an 

amendment to the proposed scope.4 On 

October 31, through November 13, 2023, 

the petitioner filed timely responses to 

these requests for additional 

information.5

In accordance with section 702(b)(1) 

of the Tariff Act of 1930, as amended 

(the Act), the petitioner alleges that the 

Government of Ecuador (GOE), 

Government of India (GOI), the 


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81054 Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Notices 

6See Petitions at Volume I (page 2). 

7See ‘‘Determination of Industry Support for the 

Petitions’’ section, infra. 

8See 19 CFR 351.204(b)(2). 

9See General Issues Supplemental Questionnaire. 

10See Scope Amendment at Exhibit 1; see also 

First General Issues Supplement at 3 and Exhibit 1. 

11See Antidumping Duties; Countervailing 

Duties, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

12See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

13See 19 CFR 351.303(b)(1). 

14See 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 https://access.trade.gov/ 

help.aspx and a handbook can be found at https:// 

access.trade.gov/help/Handbook_on_Electronic_

Filing_Procedures.pdf. 

15See Commerce’s Letters, ‘‘Countervailing Duty 

Petition on Frozen Warmwater Shrimp from India: 

Invitation for Consultations to discuss the 

Countervailing Duty Petition,’’ dated October 26, 

2023; ‘‘Countervailing Duty Petition on Frozen 

Warmwater Shrimp from Ecuador: Invitation for 

Consultations to discuss the Countervailing Duty 

Petition,’’ dated October 27, 2023; ‘‘Countervailing 

Duty Petition on Frozen Warmwater Shrimp from 

Indonesia: Invitation for Consultations to discuss 

the Countervailing Duty Petition,’’ dated October 

27, 2023; and ‘‘Countervailing Duty Petition on 

Frozen Warmwater Shrimp from the Socialist 

Republic of Vietnam: Invitation for Consultations to 

discuss the Countervailing Duty Petition,’’ dated 

October 27, 2023. 

16See Memoranda, ‘‘Countervailing Duty Petition 

Regarding Frozen Warmwater Shrimp from the 

Socialist Republic of Vietnam: Consultations with 

the Government of Vietnam,’’ dated November 8, 

2023; ‘‘Consultations with the Government of 

Indonesia on the Countervailing Duty Petition 

Regarding Frozen Warmwater Shrimp from 

Indonesia,’’ dated November 9, 2023; and 

‘‘Consultations with Officials from the Government 

of India,’’ dated November 13, 2023. 

17See section 771(4)(E) of the Act. For a full 

discussion of this provision of the Act and 

Commerce’s analysis, see Countervailing Duty 

Government of Indonesia (GIND), and 

the Government of Vietnam (GOV) 

(collectively, Governments) are 

providing countervailable subsidies, 

within the meaning of sections 701 and 

771(5) of the Act, to producers of 

shrimp from Ecuador, India, Indonesia, 

and Vietnam, and that such imports are 

materially injuring, or threatening 

material injury to, the domestic industry 

producing shrimp in the United States. 

Consistent with section 702(b)(1) of the 

Act and 19 CFR 351.202(b), for those 

alleged programs on which we are 

initiating CVD investigations, the 

Petitions were accompanied by 

information reasonably available to the 

petitioner supporting its allegations. 

Commerce finds that the petitioner 

filed the Petitions on behalf of the 

domestic industry because the 

petitioner is an interested party as 

defined in section 771(9)(E) of the Act.6

Commerce also finds that the petitioner 

demonstrated sufficient industry 

support with respect to the initiation of 

the requested CVD investigations.7

Periods of Investigation 

Because the Petitions were filed on 

October 25, 2023, the periods of 

investigation (POI) for Ecuador, India, 

Indonesia, and Vietnam are January 1, 

2022, through December 31, 2022.8

Scope of the Investigations 

The merchandise covered by these 

investigations is shrimp from Ecuador, 

India, Indonesia, and Vietnam. For a full 

description of the scope of these 

investigations, see the Appendix to this 

notice. 

Comments on the Scope of the 

Investigations 

On October 30, 2023, Commerce 

requested information and clarification 

from the petitioner regarding the 

proposed scope to ensure that the scope 

language in the Petitions is an accurate 

reflection of the products for which the 

domestic industry is seeking relief.9 On 

October 26, 2023, and November 1, 

2023, the petitioner revised the scope.10

The description of merchandise covered 

by these investigations, as described in 

the appendix to this notice, reflects 

these revisions. 

As discussed in the Preamble to 

Commerce’s regulations, we are setting 

aside a period for interested parties to 

raise issues regarding product coverage 

(i.e., scope).11 Commerce will consider 

all comments received from interested 

parties and, if necessary, will consult 

with interested parties prior to the 

issuance of the preliminary 

determination. If scope comments 

include factual information, all such 

factual information should be limited to 

public information.12 To facilitate 

preparation of its questionnaires, 

Commerce requests that all interested 

parties submit such comments by 5:00 

p.m. Eastern Time (ET) on December 4, 

2023, which is 20 calendar days from 

the signature date of this notice.13 Any 

rebuttal comments, which may include 

factual information, must be filed by 

5:00 p.m. ET on December 14, 2023, 

which is 10 calendar days from the 

initial comment deadline. 

Commerce requests that any factual 

information that the parties consider 

relevant to the scope of the 

investigations be submitted during this 

time period. However, if a party 

subsequently finds that additional 

factual information pertaining to the 

scope of the investigations may be 

relevant, the party may contact 

Commerce and request permission to 

submit the additional information. All 

scope comments must also be filed 

simultaneously on the records of the 

concurrent AD and CVD investigations. 

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 exception applies.14 An 

electronically filed document must be 

received successfully in its entirety by 

the time and date it is due. 

Consultations 

Pursuant to sections 702(b)(4)(A)(i) 

and (ii) of the Act, Commerce notified 

the Governments of the receipt of the 

Petitions and provided an opportunity 

for consultations with respect to the 

Petitions.15 Commerce held 

consultations with the GOI on 

November 13, 2023, the GIND on 

November 9, 2023, and the GOV on 

November 8, 2023.16 The GOE did not 

request consultations. 

Determination of Industry Support for 

the Petitions 

Section 702(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 702(c)(4)(A) 

of the Act provides that a petition meets 

this requirement if the domestic 

producers or workers who support the 

petition account for: (i) at least 25 

percent of the total production of the 

domestic like product; and (ii) more 

than 50 percent of the production of the 

domestic like product produced by that 

portion of the industry expressing 

support for, or opposition to, the 

petition. Moreover, section 702(c)(4)(D) 

of the Act provides that, if the petition 

does not establish support of domestic 

producers or workers accounting for 

more than 50 percent of the total 

production of the domestic like product, 

Commerce shall: (i) poll the industry or 

rely on other information in order to 

determine if there is support for the 

petition, as required by subparagraph 

(A); or (ii) determine industry support 

using a statistically valid sampling 

method to poll the ‘‘industry.’’ 

Section 771(4)(A) of the Act defines 

the ‘‘industry’’ as the producers as a 

whole of a domestic like product. In 

investigations involving processed 

agricultural products, the statute allows 

Commerce to also include growers or 

producers of the raw agricultural 

product within the definition of the 

domestic industry.17 Thus, to determine 


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Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Notices 81055 

Investigation Initiation Checklists: Frozen 

Warmwater Shrimp from Ecuador, India, Indonesia, 

and the Socialist Republic of Vietnam (CountrySpecific CVD Initiation Checklists), at Attachment 

II, Analysis of Industry Support for the 

Antidumping and Countervailing Duty Petitions 

Covering Frozen Warmwater Shrimp from Ecuador, 

India, Indonesia, and the Socialist Republic of 

Vietnam (Attachment II). These checklists are dated 

concurrently with this notice and are on file 

electronically via ACCESS. 

18See section 771(10) of the Act. 

19See USEC, Inc. v. United States, 132 F. Supp. 

2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. 

v. United States, 688 F. Supp. 639, 644 (CIT 1988), 

aff’d 865 F.2d 240 (Fed. Cir. 1989)). 

20See Petitions at Volume I (pages 2–5 and 

Exhibits 1–2 through I–4 (containing Certain Frozen 

or Canned Warmwater Shrimp and Prawns from 

Brazil, China, Ecuador, India, Thailand, and 

Vietnam, Inv. No. 731–TA–1063–1068 

(Preliminary), USITC Pub. 3672 (February 2004) at 

13–14; Certain Frozen or Canned Warmwater 

Shrimp and Prawns from Brazil, China, Ecuador, 

India, Thailand, and Vietnam, Inv. No. 731–TA– 

1063–1068, USITC Pub. 3478 (January 2005) at 6; 

Frozen Warmwater Shrimp From China, Ecuador, 

India, Indonesia, Malaysia, Thailand, and Vietnam, 

Inv. Nos. 701–TA–491–497 (Preliminary), USITC 

Pub. 4830 (February 2013) at 8–10; Frozen 

Warmwater Shrimp from China, Ecuador, India, 

Malaysia, and Vietnam, Inv. Nos. 701–TA–491–493, 

495, and 497 (Final), USITC Pub. 4429 (October 

2013) at 9; and Frozen Warmwater Shrimp from 

China, India, Thailand, and Vietnam, Inv. No. 731– 

TA–1064 and 1066–1068, USITC Pub. 5432 (June 

2023) (Shrimp 2023 Sunset) at 14–15, I–43, I–44, 

III–19, and III–30). 

21For a discussion of the domestic like product 

analysis as applied to these cases and information 

regarding industry support, see Country-Specific 

CVD Initiation Checklists at Attachment II. 

22See Petitions at Volume I (page 7–8 and 

Exhibits I–9 and I–10); see also First General Issues 

Supplement at Exhibits 4 and 10–13; and Second 

General Issues Supplement at 2–4 and Exhibits 1 

and 4. 

23See Petitions at Volume I (pages 7–8 and 

Exhibit I–11); see also First General Issues 

Supplement at 7–8 and Exhibits 10–12; and Second 

General Issues Supplement at 3–4 and Exhibits 1 

and 4. 

24See AHSTAC’s Letters, ‘‘Additional Support for 

the Petitions,’’ dated October 27, 2023; ‘‘Additional 

Support for the Petitions,’’ dated November 6, 2023; 

‘‘Further Additional Support for the Petitions,’’ 

dated November 6, 2023; ‘‘Additional Support for 

Petitions,’’ dated November 9, 2023; and 

‘‘Additional Support for Petitions,’’ dated 

November 14, 2023 (collectively, AHSTAC Letters). 

25See Petitions at Volume I (page 6 and Exhibit 

I–4 (containing Shrimp 2023 Sunset at IV–31 and 

IV–32) and I–8); see also First General Issues 

Supplement at 5–6 and Exhibits 5 and 9; and 

Second General Issues Supplement at Exhibit 1. 

26See Petitions at Volume I (pages 6–8 and 

Exhibits I–4, I–7, and I–8); see also First General 

Issues Supplement at Exhibits 5–8; and Second 

General Issues Supplement at 2 and Exhibits 1–3. 

27See Petitions at Volume I (page 8); see also First 

General Issues Supplement at Exhibit 8; and Second 

General Issues Supplement at 2 and Exhibit 1. 

28See Petitions at Volume I (page 8); see also First 

General Issues Supplement at Exhibit 8; and Second 

General Issues Supplement at 2–4 and Exhibit 1. 

29See Petitions at Volume I (pages 6–8 and 

Exhibits I–4 (containing Shrimp 2023 Sunset at IV– 

31 and IV–32) and I–5 through I–11); see also First 

General Issues Supplement at 3–9 and Exhibits 2– 

13; Second General Issues Supplement at 2–4 and 

Exhibits 1–4; and AHSTAC Letters. For further 

discussion, see Attachment II of the CountrySpecific CVD Initiation Checklists. 

30See Attachment II of the Country-Specific CVD 

Initiation Checklists. 

whether a petition has the requisite 

industry support, the statute directs 

Commerce to look to producers and 

workers who produce the domestic like 

product. The U.S. International Trade 

Commission (ITC), which is responsible 

for determining whether ‘‘the domestic 

industry’’ has been injured, must also 

determine what constitutes a domestic 

like product in order to define the 

industry. While both Commerce and the 

ITC apply the same statutory definition 

regarding the domestic like product,18

they do so for different purposes and 

pursuant to a separate and distinct 

authority. In addition, Commerce’s 

determination is subject to limitations of 

time and information. Although this 

may result in different definitions of the 

like product, such differences do not 

render the decision of either agency 

contrary to law.19

Section 771(10) of the Act defines the 

domestic like product as ‘‘a product 

which is like, or in the absence of like, 

most similar in characteristics and uses 

with, the article subject to an 

investigation under this title.’’ Thus, the 

reference point from which the 

domestic like product analysis begins is 

‘‘the article subject to an investigation’’ 

(i.e., the class or kind of merchandise to 

be investigated, which normally will be 

the scope as defined in the petition). 

With regard to the domestic like 

product, the petitioner does not offer a 

definition of the domestic like product 

distinct from the scope of the 

investigations.20 Based on our analysis 

of the information submitted on the 

record, we have determined that 

shrimp, as described in the domestic 

like product definition set forth in the 

Petitions, constitutes a single domestic 

like product, and we have analyzed 

industry support in terms of that 

domestic like product.21

In determining whether the petitioner 

has standing under section 702(c)(4)(A) 

of the Act, we considered the industry 

support data contained in the Petitions 

with reference to the domestic like 

product as defined in the ‘‘Scope of the 

Investigations,’’ in the appendix to this 

notice. 

To establish industry support for fresh 

shrimp and frozen shrimp, the 

petitioner provided the 2022 production 

of ASPA members, as well as the 2022 

production of frozen shrimp for three 

additional processors that support the 

Petitions.22 In addition, the petitioner 

provided letters of support from over 

800 shrimp fishermen, expressing 

support for the Petitions and 

establishing each vessel’s 2022 

production (harvested quantity) of fresh 

shrimp.23 On October 27, 2023, and 

November 6, 9, and 14, 2023, we 

received submissions from the Ad Hoc 

Shrimp Trade Action Committee 

(AHSTAC) providing letters of support 

from six additional processors and 49 

additional shrimp fishermen.24

To establish total production of fresh 

shrimp, the petitioner relied on 2022 

U.S. commercial landings data for fresh 

shrimp reported for the Gulf and South 

Atlantic regions in 2022 reported by the 

National Oceanic and Atmospheric 

Administration’s (NOAA’s) National 

Marine Fisheries Service (NFMS) 

Fisheries One Stop Shop (FOSS) 

database and added an estimate for 

farmed shrimp based on information 

from the ITC’s publication for Shrimp 

2023 Sunset to arrive at total U.S. 

production of fresh shrimp.25 Because 

data on the production of frozen shrimp 

were not available from NOAA, to 

establish total production of frozen 

shrimp, the petitioner relied on the 

same NOAA NFMS FOSS data on U.S. 

commercial landings in the Gulf and 

South Atlantic regions, as well as the 

same farmed shrimp estimate from the 

ITC’s 2023 sunset review, and added 

total 2022 U.S. imports of fresh shrimp, 

as reported in official import statistics, 

to account for imported fresh shrimp 

that is further processed into frozen 

shrimp in the United States.26 To 

establish total production of fresh 

shrimp and frozen shrimp by the U.S. 

shrimp industry, the petitioner 

combined the total 2022 U.S. 

production of fresh shrimp with the 

total 2022 U.S. production of processed 

shrimp.27 To establish industry support, 

the petitioner provided three separate 

calculations comparing the supporters’ 

production of frozen shrimp, fresh 

shrimp, and combined frozen and fresh 

shrimp to the respective totals for the 

entire U.S. industry.28 We relied on data 

provided by the petitioner and AHSTAC 

for purposes of measuring industry 

support.29

Our review of the data provided in the 

Petitions, the First General Issues 

Supplement, the Second General Issues 

Supplement, the AHSTAC Letters, the 

Third General Issues Supplement, and 

other information readily available to 

Commerce indicates that the petitioner 

has established industry support for the 

Petitions.30 First, the Petitions 

established support from domestic 

producers (or workers) accounting for 

more than 50 percent of the total 

production of the domestic like product 

and, as such, Commerce is not required 

to take further action in order to 


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81056 Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Notices 

31 Id.; see also section 702(c)(4)(D) of the Act. 

32See Attachment II of the Country-Specific CVD 

Initiation Checklists. 

33 Id. 

34 Id. 

35See Petitions at Volume I (page 15 and Exhibit 

I–14). 

36See Designations of Developing and LeastDeveloped Countries under the Countervailing Duty 

Law, 85 FR 7613, 7615 (February 10, 2020). 

37See Petitions at Volume I (page 15 and Exhibit 

I–14). 

38 Id. at Volume I (pages 14–30 and Exhibits I– 

4, I–8, I–9, I–14, I–17, and I–18); see also Second 

General Issues Supplement at 5 and Exhibit 5. 

39See Country-Specific CVD Initiation Checklists 

at Attachment III, Analysis of Allegations and 

Evidence of Material Injury and Causation for the 

Antidumping and Countervailing Duty Petitions 

Covering Frozen Warmwater Shrimp from Ecuador, 

India, Indonesia, and the Socialist Republic of 

Vietnam. 40See Petitions at Volume I at 12 (Exhibit I–16). 

evaluate industry support (e.g., 

polling).31 Second, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 702(c)(4)(A)(i) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for at least 25 percent of the 

total production of the domestic like 

product.32 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 702(c)(4)(A)(ii) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for more than 50 percent of the 

production of the domestic like product 

produced by that portion of the industry 

expressing support for, or opposition to, 

the Petitions.33 Accordingly, Commerce 

determines that the Petitions were filed 

on behalf of the domestic industry 

within the meaning of section 702(b)(1) 

of the Act.34

Injury Test 

Because Ecuador, India, Indonesia, 

and Vietnam are ‘‘Subsidies Agreement 

Countries’’ within the meaning of 

section 701(b) of the Act, section 

701(a)(2) of the Act applies to these 

investigations. Accordingly, the ITC 

must determine whether imports of the 

subject merchandise from Ecuador, 

India, Indonesia, and/or Vietnam 

materially injure, or threaten material 

injury to, a U.S. industry. 

Allegations and Evidence of Material 

Injury and Causation 

The petitioner alleges that imports of 

the subject merchandise are benefitting 

from countervailable subsidies and that 

such imports are causing, or threaten to 

cause, material injury to the U.S. 

industry producing the domestic like 

product. In addition, the petitioner 

alleges that subject imports from India, 

Indonesia, and Vietnam exceed the 

negligibility threshold provided for 

under section 771(24)(A) of the Act.35 In 

CVD petitions, section 771(24)(B) of the 

Act provides that imports of subject 

merchandise from developing and leastdeveloped countries must exceed the 

negligibility threshold of four percent. 

The petitioner also demonstrates that 

subject imports from Ecuador, which 

has been designated as a developing 

country under section 771(36)(A) of the 

Act,36 exceed the negligibility threshold 

of four percent.37

The petitioner contends that the 

industry’s injured condition is 

illustrated by the significant volume of 

subject imports; declining market share; 

underselling and price depression and/ 

or suppression; lost sales and revenues; 

inventory overhang; and negative 

impact on the production, shipments, 

and financial performance.38 We 

assessed the allegations and supporting 

evidence regarding material injury, 

threat of material injury, causation, as 

well as negligibility, and we have 

determined that these allegations are 

properly supported by adequate 

evidence and meet the statutory 

requirements for initiation.39

Initiation of CVD Investigations 

Based upon the examination of the 

Petitions and supplemental responses, 

we find that they meet the requirements 

of section 702 of the Act. Therefore, we 

are initiating CVD investigations to 

determine whether imports of shrimp 

from Ecuador, India, Indonesia, and 

Vietnam benefit from countervailable 

subsidies conferred by the GOE, GOI, 

GIND, and GOV. In accordance with 

section 703(b)(1) of the Act and 19 CFR 

351.205(b)(1), unless postponed, we will 

make our preliminary determinations no 

later than 65 days after the date of these 

initiations. 

Ecuador 

Based on our review of the Petitions, 

we find that there is sufficient 

information to initiate a CVD 

investigation on 15 of the 22 programs 

alleged by the petitioner. For a full 

discussion of the basis for our decision 

to initiate on each program, see the 

Ecuador CVD Initiation Checklist. A 

public version of the initiation checklist 

for this investigation is available on 

ACCESS. 

India 

Based on our review of the Petitions, 

we find that there is sufficient 

information to initiate a CVD 

investigation on all 19 of the programs 

alleged by the petitioner. For a full 

discussion of the basis for our decision 

to initiate on each program, see the 

India CVD Initiation Checklist. A public 

version of the initiation checklist for 

this investigation is available on 

ACCESS. 

Indonesia 

Based on our review of the Petitions, 

we find that there is sufficient 

information to initiate a CVD 

investigation on 15 of the 16 programs 

alleged by the petitioner. For a full 

discussion of the basis for our decision 

to initiate on each program, see the 

Indonesia CVD Initiation Checklist. A 

public version of the initiation checklist 

for this investigation is available on 

ACCESS. 

Vietnam 

Based on our review of the Petitions, 

we find that there is sufficient 

information to initiate a CVD 

investigation on all 40 of the programs 

alleged by the petitioner. For a full 

discussion of the basis for our decision 

to initiate on each program, see the 

Vietnam CVD Initiation Checklist. A 

public version of the initiation checklist 

for this investigation is available on 

ACCESS. 

Respondent Selection 

The petitioner identified 227 

companies in Ecuador, 675 companies 

in India, 276 companies in Indonesia, 

and 1046 companies in Vietnam as 

producers and/or exporters of shrimp.40

Commerce intends to follow its standard 

practice in CVD investigations and 

calculate company-specific subsidy 

rates in these investigations. In the 

event that Commerce determines that 

the number of companies is large and it 

cannot individually examine each 

company based upon Commerce’s 

resources, where appropriate, 

Commerce intends to select mandatory 

respondents based on U.S. Customs and 

Border Protection (CBP) data for U.S. 

imports of shrimp from Ecuador, India, 

Indonesia, and Vietnam during the POI 

under the appropriate Harmonized 

Tariff Schedule of the United States 

subheadings listed in the ‘‘Scope of the 

Investigations’’ in the Appendix. 

On November 13, 2023, Commerce 

released CBP data on U.S. imports of 

shrimp from Ecuador, India, Indonesia, 

and Vietnam, under administrative 

protective order (APO) to all parties 

with access to information protected by 

APO and indicated that interested 

parties wishing to comment on the CBP 

data and/or respondent selection must 

do so within three business days after 


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Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Notices 81057 

41See Memoranda, ‘‘Frozen Warmwater Shrimp 

from Ecuador Countervailing Duty Petition: Release 

of U.S. Customs and Border Protection Entry Data,’’ 

dated November 13, 2023; ‘‘Frozen Warmwater 

Shrimp from India Countervailing Duty Petition: 

Release of U.S. Customs and Border Protection 

Entry Data,’’ dated November 13, 2023; ‘‘Frozen 

Warmwater Shrimp from Indonesia Countervailing 

Duty Petition: Release of U.S. Customs and Border 

Protection Entry Data,’’ dated November 13, 2023; 

and ‘‘Frozen Warmwater Shrimp from the Socialist 

Republic of Vietnam Countervailing Duty Petition: 

Release of U.S. Customs and Border Protection 

Entry Data,’’ dated November 13, 2023. 

42See section 703(a)(1) of the Act. 

43 Id. 

44See 19 CFR 351.301(b). 

45See 19 CFR 351.301(b)(2). 

46See 19 CFR 351.302. 

47See 19 CFR 351.301; see also Extension of Time 

Limits; Final Rule, 78 FR 57790 (September 20, 

2013) (Time Limits Final Rule), available at https:// 

www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013- 

22853.htm. 

48See section 782(b) of the Act. 

49See 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 

https://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 

50Effective 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). 

the publication date of the notice of 

initiation of these investigations.41

Commerce will not accept rebuttal 

comments regarding the CBP data or 

respondent selection. 

Distribution of Copies of the Petitions 

In accordance with section 

702(b)(4)(A) of the Act and 19 CFR 

351.202(f), a copy of the public version 

of the Petitions has been provided to the 

GOE, GOI, GIND, and GOV via ACCESS. 

To the extent practicable, we will 

attempt to provide a copy of the public 

version of the Petitions to each exporter 

named in the Petitions, as provided 

under 19 CFR 351.203(c)(2). 

ITC Notification 

Commerce will notify the ITC of its 

initiation, as required by section 702(d) 

of the Act. 

Preliminary Determination by the ITC 

The ITC will preliminarily determine, 

within 45 days after the date on which 

the Petitions was filed, whether there is 

a reasonable indication that imports of 

shrimp from Ecuador, India, Indonesia, 

and/or Vietnam are materially injuring, 

or threatening material injury to, a U.S. 

industry.42 A negative ITC 

determination for any country will 

result in the investigation being 

terminated with respect to that 

country.43 Otherwise, these CVD 

investigations will proceed according to 

statutory and regulatory time limits. 

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 44 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.45 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 these 

investigations. 

Extensions 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.46 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. ET on the due date. 

Under certain circumstances, we 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, 

Commerce 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. 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.47

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.48

Parties must use the certification 

formats provided in 19 CFR 

351.303(g).49 Commerce intends to 

reject factual submissions if the 

submitting party does not comply with 

the applicable certification 

requirements. 

Notification to Interested Parties 

Interested parties must submit 

applications for disclosure under 

administrative protective order 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 its regulations 

to make permanent certain changes to 

its service procedures that were adopted 

on a temporary basis due to COVID–19, 

as well as to make additional 

clarifications and corrections to its AD/ 

CVD regulations.50

This notice is issued and published 

pursuant to sections 702 and 777(i) of 

the Act, and 19 CFR 351.203(c). 

Dated: November 14, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix—Scope of the Investigations 

The scope of these investigations includes 

certain frozen warmwater shrimp and prawns 

whether wild-caught (ocean harvested) or 

farm-raised (produced by aquaculture), headon 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 


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81058 Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Notices 

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. 2023–25735 Filed 11–20–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD506] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to a Geophysical 

Survey in the Ross Sea, Antarctica 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of renewal 

incidental harassment authorization. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA), as 

amended, notification is hereby given 

that NMFS has issued a renewal 

incidental harassment authorization 

(IHA) to the United States National 

Science Foundation (NSF) to 

incidentally harass marine mammals 

incidental to a geophysical survey in the 

Ross Sea, Antarctica. 

DATES: This renewal IHA is valid from 

December 15, 2023 through December 

14, 2024. 

ADDRESSES: Electronic copies of the 

original application, Renewal request, 

and supporting documents (including 

NMFS Federal Register notices of the 

original proposed and final 

authorizations, and the previous IHA), 

as well as a list of the references cited 

in this document, may be obtained 

online at: https://www.fisheries.

noaa.gov/action/incidental-takeauthorization-national-sciencefoundation-office-polar-programsgeophysical. In case of problems 

accessing these documents, please call 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Jenna Harlacher, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

The Marine Mammal Protection Act 

(MMPA) prohibits the ‘‘take’’ of marine 

mammals, with certain exceptions. 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce (as delegated 

to NMFS) to allow, upon request, the 

incidental, but not intentional, taking of 

small numbers of marine mammals by 

U.S. citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region if 

certain findings are made and either 

regulations are promulgated or, if the 

taking is limited to harassment, an 

incidental harassment authorization is 

issued. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of such species or stocks for 

taking for certain subsistence uses 

(referred to here as ‘‘mitigation 

measures’’). NMFS must also prescribe 

requirements pertaining to monitoring 

and reporting of such takings. The 

definition of key terms such as ‘‘take,’’ 

‘‘harassment,’’ and ‘‘negligible impact’’ 

can be found in the MMPA and NMFS’s 

implementing regulations (see 16 U.S.C. 

1362; 50 CFR 216.103). 

NMFS’ regulations implementing the 

MMPA at 50 CFR 216.107(e) indicate 

that IHAs may be renewed for 

additional periods of time not to exceed 

1 year for each reauthorization. In the 

notice of proposed IHA for the initial 

IHA, NMFS described the circumstances 

under which we would consider issuing 

a renewal for this activity, and 

requested public comment on a 

potential renewal under those 

circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime 1-year renewal IHA following 

notice to the public providing an 

additional 15 days for public comments 

when (1) up to another year of identical, 

or nearly identical, activities as 

described in the Detailed Description of 

Specified Activities section of the initial 

IHA issuance notice is planned or (2) 

the activities as described in the 

Description of the Specified Activities 

and Anticipated Impacts section of the 

initial IHA issuance notice would not be 

completed by the time the initial IHA 

expires and a renewal would allow for 

completion of the activities beyond that 

described in the DATES section of the 

notice of issuance of the initial IHA, 

provided all of the following conditions 

are met: 

1. A request for renewal is received no 

later than 60 days prior to the needed 

renewal IHA effective date (recognizing 

that the renewal IHA expiration date 

cannot extend beyond 1 year from 

expiration of the initial IHA). 

2. The request for renewal must 

include the following: 


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