85508 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 

that such injury does exist, Commerce 

will issue a countervailing duty order 

directing CBP to assess, upon further 

instruction by Commerce, 

countervailing duties on all imports of 

the subject merchandise that are 

entered, or withdrawn, for consumption 

on or after the effective date of the 

suspension of liquidation, as discussed 

above in the ‘‘Continuation of 

Suspension of Liquidation’’ section. 

Administrative Protective Orders 

In the event that the ITC issues a final 

negative injury determination, this 

notice will serve as the only 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/ 

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 which is subject to 

sanction. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

705(d) and 777(i) of the Act, and 19 CFR 

351.210(c). 

Dated: October 21, 2024. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations, performing the non-exclusive 

functions and duties of the Assistant 

Secretary for Enforcement and Compliance. 

Appendix I 

Scope of the Investigation 

The scope of this investigation 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 

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 

1605.20.10.20); (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 shrimpbased 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 shrimpbased 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. 

Appendix II 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Investigation 

IV. Diversification of Ecuador’s Economy 

V. Subsidies Valuation 

VI. Use of Facts Otherwise Available and 

Application of Adverse Inferences 

VII. Analysis of Programs 

VIII. Discussion of the Issues 

Comment 1: Commerce Should Countervail 

the Provision of Brackish Water 

Comment 2: Commerce Should Countervail 

the Provision of Fuel 

Comment 3: Commerce Should Revise the 

Benchmark Used To Value the Provision 

of Electricity 

Comment 4: Commerce Should Correct the 

Multiplier Used for Programs Benefitting 

Respondents’ Shrimp Suppliers 

Comment 5: Commerce Should Apply 

Adverse Facts Available (AFA) To 

Countervail Unverifiable and Omitted 

Income Tax Programs 

Comment 6: Commerce Should Revise the 

Denominator for the Investment 

Contract/Tax Incentives for Priority 

Sectors Under the 2010 Organic 

Production Code for Santa Priscila 

Comment 7: Commerce Should Make 

Certain Revisions to SONGA’s Subsidy 

Calculations 

Comment 8: Commerce Should Make 

Certain Revisions to Santa Priscila’s 

Subsidy Calculations 

Comment 9: Commerce Should Revise Its 

Countervailable Subsidy Calculation 

Regarding Provision of Land Concessions 

Comment 10: Commerce Should Find That 

Certain Tax Programs are not 

Countervailable 

Comment 11: Commerce Should Revise its 

Attribution of Benefits Received by 

Cross-Owned Input Suppliers to Santa 

Priscila 

Comment 12: Commerce Should 

Recalculate Its Countervailable Subsidy 

Calculation for SONGA Under the 

Refund of Currency Outflow Tax (ISD) 

On Inputs Program 

Comment 13: Section 771B Is Not 

Supported by the Record 

Comment 14: Commerce Should Adjust the 

Cash Deposit (CD) Rates 

Comment 15: Commerce’s Should Reverse 

Its Rejection of SONGA’s Minor 

Correction 

Comment 16: Commerce Should Correct its 

Application of AFA to SONGA and 

Naturisa, and Santa Priscila and 

Produmar Under the Motor Vehicle Tax 

Reduction Program 

IX. Recommendation 

[FR Doc. 2024–24957 Filed 10–25–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–331–805] 

Frozen Warmwater Shrimp From 

Ecuador: Final Negative Determination 

of Sales at Less Than Fair Value 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

imports of frozen warmwater shrimp 

(shrimp) from Ecuador are not being, or 

not likely to be, sold in the United 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 85509 

1See Frozen Warmwater Shrimp from Ecuador: 

Preliminary Affirmative Determination of Sales at 

Less Than Fair Value, Postponement of Final 

Determination, and Extension of Provisional 

Measures, 89 FR 46857 (May 30, 2024) (Preliminary 

Determination), and accompanying Preliminary 

Decision Memorandum. 

2 Id. 89 FR at 46859. 

3See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

4See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Determination of Sales at Less Than Fair Value in 

the Investigation of Certain Frozen Warmwater 

Shrimp from Ecuador,’’ dated concurrently with, 

and hereby adopted by, this notice (Issues and 

Decision Memorandum). 

5See Memoranda, ‘‘Verification of the Cost 

Response of Sociedad Nacional de Galapagos C.A. 

in the Less-Than-Fair-Value Investigation of Frozen 

Warmwater Shrimp from Ecuador,’’ dated 

September 20, 2024 (SONGA’s Cost Verification 

Report); ‘‘Sales Verification of Sociedad Nacional 

de Gala ́pagos C.A,’’ dated August 27, 2024 

(SONGA’s Sales Verification Report) (collectively, 

SONGA’s Verification Reports); ‘‘Verification of the 

Cost Response of Industrial Pesquera Santa Priscila 

in the Antidumping Duty Investigation of Frozen 

warm Water Shrimp from Ecuador,’’ dated 

September 18, 2024 (Santa Priscila’s Cost 

Verification Report); and ‘‘Sales Verification of 

Industrial Santa Priscila,’’ dated September 19, 

2024 (Santa Priscila’s Sales Verification Report) 

(collectively, Santa Priscila’s Verification Reports). 

States at less than fair value (LTFV) for 

the period of investigation (POI) October 

1, 2022, through September 30, 2023. 

DATES: Applicable October 28, 2024. 

FOR FURTHER INFORMATION CONTACT: Kyle 

Clahane or Matthew Palmer, AD/CVD 

Operations, Office III, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–5449 or (202) 482–1678, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 30, 2024, Commerce 

published in the Federal Register its 

preliminary affirmative determination 

in the LTFV investigation of shrimp 

from Ecuador.1 We invited interested 

parties to comment on the Preliminary 

Determination.2 On July 22, 2024, 

Commerce tolled certain deadlines in 

this administrative proceeding by seven 

days.3 The deadline for the final 

determination of this investigation is 

now October 21, 2024. 

A summary of the events that 

occurred since Commerce published the 

Preliminary Determination, as well as a 

full discussion of the issues raised by 

parties for this final determination, may 

be found in the Issues and Decision 

Memorandum.4 The Issues and Decision 

Memorandum is a public document and 

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 https://access.trade.gov. In addition, a 

complete version of the Issues and 

Decision Memorandum can be accessed 

directly at https://access.trade.gov/ 

public/FRNoticesListLayout.aspx. 

Scope of the Investigation 

The product covered by this 

investigation is shrimp from Ecuador. 

For a complete description of the scope 

of this investigation, see Appendix I. 

Scope Comments 

We received no comments from 

interested parties on the scope of the 

investigation as it appeared in the 

Preliminary Determination. Therefore, 

we made no changes to the scope of the 

investigation. 

Verification 

Commerce was unable to conduct onsite verifications of the information 

relied on in making its final 

determination in this investigation. 

However, in August 2024, we took 

additional steps in lieu of on-site 

verifications to verify the information 

relied upon in making this final 

determination, in accordance with 

section 782(i) of the Tariff Act of 1930, 

as amended (the Act), by conducting 

virtual verifications of Industrial 

Pesquera Santa Priscila S.A. (Santa 

Priscila) and Sociedad Nacional de 

Gala ́pagos C.A. (SONGA).5

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs submitted by interested 

parties in this investigation are 

addressed in the Issues and Decision 

Memorandum. A list of the issues 

addressed in the Issues and Decision 

Memorandum is attached to this notice 

as Appendix II. 

Changes Since the Preliminary 

Determination 

We made certain changes regarding 

Santa Priscila and SONGA’s reported 

sales and cost data since the Preliminary 

Determination. For a discussion of these 

changes, see the Issues and Decision 

Memorandum. 

Final Determination 

Commerce determines that the 

following estimated weighted-average 

dumping margins exist: 

Exporter/Producer 

Weighted-average 

dumping margin 

(percent) 

Sociedad Nacional de Gala ́pagos C.A./Marina del Rey ........................................................................................................... 0.00. 

Industrial Pesquera Santa Priscila S.A./Tropical Packing Ecuador Tropack S.A ..................................................................... 0.48 (de minimis). 

Consistent with section 735(c) of the 

Act, Commerce has not calculated an 

estimated weighted-average dumping 

margin for all other producers and 

exporters because it has not made an 

affirmative final determination of sales 

at LTFV. 

Disclosure 

Commerce intends to disclose the 

calculations performed in connection 

with this final determination 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). 

Suspension of Liquidation 

Because Commerce has made a 

negative final determination of sales at 

LTFV with regard to subject 

merchandise, Commerce will not direct 

U.S. Customs and Border Protection to 

suspend liquidation or to require a cash 

deposit of estimated antidumping duties 

for entries of shrimp from Ecuador. 

U.S. International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we will notify the U.S. 

International Trade Commission of this 

final negative determination of sales at 

LTFV. As our final determination is 

negative, this proceeding is terminated 

in accordance with section 735(c)(2) of 

the Act. 

Administrative Protective Order 

This notice serves as the only 

reminder to parties subject to an 

administrative protective order (APO) of 


lotter on DSK11XQN23PROD with NOTICES1
85510 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 

their responsibility concerning the 

disposition 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 sanctionable violation. 

Notification to Interested Parties 

This final determination and notice 

are issued and published in accordance 

with sections 735(d) and 777(i) of the 

Act and 19 CFR 351.210(c). 

Dated: October 21, 2024. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations, performing the non-exclusive 

functions and duties of the Assistant 

Secretary for Enforcement and Compliance. 

Appendix I 

Scope of the Investigation 

The scope of this investigation 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 

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. 

Appendix II 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Changes Since the Preliminary 

Determination 

IV. Discussion of the Issues 

Comment 1: Whether Commerce Should 

Revise SONGA’s Cost Adjustment for Its 

Purchases of Raw Shrimp From 

Affiliated Suppliers 

Comment 2: Whether Commerce Should 

Recalculate SONGA’s Reported Financial 

Expenses 

Comment 3: Whether Revisions are 

Warranted to SONGA’s Reported Indirect 

Selling Expenses 

Comment 4: Whether Commerce Should 

Continue To Offset G&A Expenses by the 

Amount of Scrap Sales Revenue 

Comment 5: Whether Commerce Should 

Revise SONGA’s Per-Unit Costs for the 

Additional Wrapping and Finger-Laying 

Processes 

Comment 6: Whether Commerce Should 

Compare U.S. Sales of Broken Shrimp to 

Constructed Value 

Comment 7: Treatment of Clerical Errors in 

SONGA’s Preliminary Margin 

Calculation 

Comment 8: Inclusion of SONGA’s Revised 

Sales and Cost Databases 

Comment 9: Treatment of SONGA’s 

Reported U.S. Customs Duty and 

Brokerage and Handling Expenses 

Comment 10: Treatment of Export 

Subsidies for Santa Priscila and SONGA 

Comment 11: Whether Commerce Should 

Apply Adverse Facts Available (AFA) to 

Santa Priscila for its Misrepresentation of 

its Payment Dates and its Failure To 

Report All Expenses 

Comment 12: Whether Commerce Should 

Apply AFA to Santa Priscila’s Credit 

Expenses, Other Discounts and Bank 

Charges. 

Comment 13: Whether Commerce Should 

Apply the Market Price Adjustment to all 

Santa Priscila Raw Shrimp Purchases 

Comment 14: Whether Commerce Should 

Reject Santa Priscila’s Claimed Scrap 

Offset 

Comment 15: Treatment of Santa Priscila’s 

Return Expenses 

Comment 16: Whether Commerce Should 

Incorporate Santa Priscila’s Cost 

Verification Minor Corrections 

Comment 17: Treatment of Clerical Errors 

in Santa Priscila’s Preliminary Margin 

Calculation 

V. Recommendation 

[FR Doc. 2024–24958 Filed 10–25–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–837] 

Aluminum Extrusions From the 

Socialist Republic of Vietnam: 

Amended Final Affirmative 

Determination of Sales at Less Than 

Fair Value and Final Affirmative 

Determination of Critical 

Circumstances 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) is amending its 

final affirmative determination in the 

less than fair value (LTFV) investigation 

of aluminum extrusions from the 

Socialist Republic of Vietnam (Vietnam) 

to correct ministerial errors. The period 

of investigation is April 1, 2023, through 

September 30, 2023. 

DATES: Applicable October 28, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Janz, AD/CVD Operations, 

Office II, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–2972. 

SUPPLEMENTARY INFORMATION: 


lotter on DSK11XQN23PROD with NOTICES1