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
Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 85511 

1See Aluminum Extrusions from the Socialist 

Republic of Vietnam: Final Affirmative 

Determination of Sales at Less Than Fair Value and 

Final Affirmative Determination of Critical 

Circumstances, in Part, 89 FR 80530 (October 3, 

2024) (Final Determination), and accompanying 

Issues and Decision Memorandum (IDM). 

2See Petitioners’ Letter, ‘‘Ministerial Error 

Allegation,’’ dated October 3, 2024. The petitioners 

are U.S. Aluminum Extruders Coalition and the 

United Steel, Paper and Forestry, Rubber, 

Manufacturing, Energy, Allied Industrial and 

Service Workers International Union. 

3See Final Determination, 89 FR at 80533. 

4See Memorandum, ‘‘Analysis of Ministerial 

Error Allegation,’’ dated concurrently with this 

Federal Register notice (Ministerial Error 

Memorandum). 

5 Id. 6See Final Determination, 89 FR at 80531. 

Background 

On October 3, 2024, Commerce 

published in the Federal Register its 

final affirmative determination of sales 

at LTFV and final affirmative 

determination of critical circumstances, 

in part, in the investigation of 

aluminum extrusions from Vietnam.1

Also on October 3, 2024, the petitioners 

submitted a timely allegation that 

Commerce made ministerial errors in 

the Final Determination.2 No other 

interested party filed an allegation of a 

ministerial error or submitted a rebuttal 

to the petitioners’ ministerial error 

allegation. We agree that we made 

ministerial errors in the Final 

Determination, and we are amending 

the weighted-average dumping margin 

for East Asia Aluminum Company 

Limited (East Asia) and the nonindividually examined separate rate 

companies. Additionally, due to our 

revision of the weighted-average 

dumping margins, we are amending our 

final determination of critical 

circumstances with respect to these 

companies. 

Scope of the Investigation 

The product covered by this 

investigation is aluminum extrusions 

from Vietnam. For a complete 

description of the scope of this 

investigation, see Final Determination.3

Amendment to the Final Determination 

Commerce reviewed the record, and 

we agree that the errors alleged by the 

petitioners constitute ministerial errors 

within the meaning of section 735(e) of 

the Tariff Act of 1930, as amended (the 

Act) and 19 CFR 351.224(f).4

Specifically, we find that we made 

inadvertent errors in valuing East Asia’s 

ocean freight and marine insurance 

expenses. Pursuant to 19 CFR 

351.224(e), Commerce is amending the 

Final Determination to reflect the 

correction of the ministerial errors, as 

described in the Ministerial Error 

Memorandum.5 Based on the 

corrections, East Asia’s final dumping 

margin changed from 14.15 percent to 

16.02 percent. As a result, we are also 

revising the rate assigned to the nonindividually examined separate rate 

companies from 14.15 percent to 16.02 

percent. The amended estimated 

weighted-average dumping margins are 

listed in the ‘‘Amended Final 

Determination’’ section below. 

Amendment to the Final Determination 

of Critical Circumstances, in Part 

In the Final Determination, we found 

that critical circumstances exist with 

respect to the Vietnam-wide entity, but 

critical circumstances do not exist for 

imports of aluminum extrusions from 

Vietnam with respect to East Asia and 

the non-individually examined separate 

rate companies, pursuant to sections 

735(a)(3)(A) and (B) of the Act, and 19 

CFR 351.206.6 As a result of our 

amended final determination, we now 

find that importers of aluminum 

extrusions exported by East Asia and 

the non-individually examined separate 

rate companies knew or should have 

known that the exporter was selling the 

subject merchandise at less than its fair 

value and that there would be material 

injury by reason of such sales, pursuant 

to section 735(a)(3)(A)(ii) of the Act, and 

these imports of subject merchandise 

were massive over a relatively short 

period, pursuant to section 735(a)(3)(B). 

Accordingly, we are amending our Final 

Determination to find that critical 

circumstances do exist with respect to 

East Asia and the non-individually 

examined separate rate companies. For 

further discussion, see Ministerial Error 

Memorandum. 

Amended Final Determination 

The amended final estimated 

weighted-average dumping margins are 

as follows: 

Exporter Producer 

Weightedaverage 

dumping 

margin 

(percent) 

East Asia Aluminum Company Limited.East Asia Aluminum Company Limited.16.02 

Austdoor 

Group Joint 

Stock Company.

Austdoor 

Group Joint 

Stock Company.

16.02 

BKQ Manufacturing and 

Trading 

Company 

Limited.

Fravi Vietnam 

Group Joint 

Stock Company.

16.02 

Exporter Producer 

Weightedaverage 

dumping 

margin 

(percent) 

Viet Nam 

Chuangxing 

Aluminium 

Company 

Limited.

Vietnam 

Yongxing 

Aluminium 

Industry Co., 

Ltd.

16.02 

Do Thanh Aluminium Joint 

Stock Company.

Do Thanh Aluminium Joint 

Stock Company.

16.02 

Ha Noi DST 

Joint Stock 

Company.

Ha Noi DST 

Joint Stock 

Company.

16.02 

Euroha Joint 

Stock Company.

Euroha Joint 

Stock Company.

16.02 

Fravi Viet Nam 

Group Joint 

Stock Company.

Fravi Viet Nam 

Group Joint 

Stock Company.

16.02 

Gold Well Co., 

Ltd.

Gold Well Co., 

Ltd.

16.02 

Hong Xin Co., 

Ltd.

Vietnam 

Yongxing 

Aluminium 

Industry Co., 

LTD.

16.02 

Hyundai Aluminum Vina 

Shareholding 

Company.

Hyundai Aluminum Vina 

Shareholding Company.

16.02 

KIMSEN Industrial Corporation.KIMSEN Industrial Corporation.16.02 

Mien Hua Precision Mechanical Co., 

Ltd.

Mien Hua Precision Mechanical 

Co., Ltd.

16.02 

Ngoc Diep Aluminium Joint 

Stock Company.

Ngoc Diep 

Aluminium 

Joint Stock 

Company.

16.02 

Nhon Trach 

Branch of 

Tung Kuang 

Industrial 

Joint Stock 

Company.

Nhon Trach 

Branch of 

Tung Kuang 

Industrial 

Joint Stock 

Company.

16.02 

Northstar Precision (Vietnam) Co., 

Ltd.

Northstar Precision (Vietnam) Co., 

Ltd.

16.02 

Sapa Ben 

Thanh Aluminium Profiles, Co., Ltd.

Sapa Ben 

Thanh Aluminium Profiles, Co., 

Ltd.

16.02 

Song Hong 

Aluminum 

Shalumi 

Group Joint 

Stock Company.

Song Hong 

Aluminum 

Shalumi 

Group Joint 

Stock Company.

16.02 

Shinyang Metal 

Korea Co., 

Ltd.

Shinyang 

Metal Korea 

Co., Ltd.

16.02 

Shinyang Metal 

Vietnam Co., 

Ltd.

Shinyang 

Metal Vietnam Co., 

Ltd.

16.02 


lotter on DSK11XQN23PROD with NOTICES1
85512 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 

7See Aluminum Extrusions from the Socialist 

Republic of Vietnam: Preliminary Affirmative 

Determination of Sales at Less Than Fair Value, 

Postponement of Final Determination, and 

Extension of Provisional Measures, 89 FR 38075 

(May 7, 2024). 

1See Frozen Warmwater Shrimp from Indonesia: 

Preliminary Negative Countervailing Duty 

Determination, and Alignment of Final 

Determination With the Final Antidumping Duty 

Determination, 89 FR 22383 (April 1, 2024) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum (PDM). 

2 Id., 89 FR 22384. 

3See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

4See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Negative Determination 

in the Countervailing Duty Investigation of Frozen 

Exporter Producer 

Weightedaverage 

dumping 

margin 

(percent) 

Tan A Aluminum Company Limited.Tan A Aluminum Company Limited.16.02 

Tin An Investment Production Trading Joint 

Stock Company.

Austdoor 

Group Joint 

Stock Company.

16.02 

Tin An Investment Production Trading Joint 

Stock Company.

Viet Phap Aluminium Factory—Viet 

Phap Shal 

Aluminium 

Joint Stock 

Company.

16.02 

Tin Kim Plastic 

Joint Stock 

Company.

Austdoor 

Group Joint 

Stock Company.

16.02 

Tin Kim Plastic 

Joint Stock 

Company.

Viet Phap Aluminium Factory—Viet 

Phap Shal 

Aluminium 

Joint Stock 

Company.

16.02 

Tung Kuang Industrial Joint 

Stock Company.

Tung Kuang 

Industrial 

Joint Stock 

Company.

16.02 

Tung Shin Industrial Co., 

Ltd.

Tung Shin Industrial Co., 

Ltd.

16.02 

Vietnam Beta 

Aluminum 

Company 

Limited.

Vietnam Beta 

Aluminum 

Company 

Limited.

16.02 

Vietnam 

Yongxing 

Aluminium 

Industry Co., 

Ltd.

Vietnam 

Yongxing 

Aluminium 

Industry Co., 

Ltd.

16.02 

Disclosure 

Commerce intends to disclose the 

calculations performed in this amended 

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). 

Amended Cash Deposits and 

Continuation of Suspension of 

Liquidation 

The collection of cash deposits and 

suspension of liquidation will be 

revised according to the rates 

established in this amended final 

determination, in accordance with 

section 735(c)(1)(B) of the Act. These 

rates will be effective on the date of 

publication of this notice in the Federal 

Register. These suspension of 

liquidation instructions will remain in 

effect until further notice. 

In accordance with section 735(c)(4) 

of the Act, because Commerce now 

finds that critical circumstances exist 

for East Asia and the non-individually 

examined separate rate companies, 

Commerce intends to instruct U.S. 

Customs and Border Protection (CBP) to 

suspend liquidation of all entries of 

subject merchandise from these 

companies that were entered, or 

withdrawn from warehouse for 

consumption on or after February 7, 

2024, which is 90 days before the 

publication of the Preliminary 

Determination 7 in the Federal Register. 

U.S. International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we will notify the U.S. 

International Trade Commission (ITC) of 

our amended final affirmative 

determination of sales at LTFV. If the 

ITC determines that material injury or 

threat of material injury does not exist, 

the proceeding will be terminated and 

all cash deposits will be refunded or 

canceled, and suspension of liquidation 

will be lifted. If the ITC determines that 

such injury does exist, Commerce will 

issue an antidumping duty order 

directing CBP to assess, upon further 

instruction by Commerce, antidumping 

duties on all imports of the subject 

merchandise that are entered, or 

withdrawn from warehouse, for 

consumption on or after the effective 

date of the suspension of liquidation, as 

discussed above in the ‘‘Amended Cash 

Deposits and Continuation of 

Suspension of Liquidation’’ section. 

Notification to Interested Parties 

This amended final determination 

and notice are issued and published 

pursuant to sections 735(d) and 777(i)(1) 

of the Act, and 19 CFR 351.210(c). 

Dated: October 22, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2024–25012 Filed 10–25–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–560–843] 

Frozen Warmwater Shrimp From 

Indonesia: Final Negative 

Countervailing Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

countervailable subsidies are not being 

provided to producers and exporters of 

frozen warmwater shrimp (shrimp) from 

Indonesia. The period of investigation is 

January 1, 2022, through December 31, 

2022. 

DATES: Applicable October 28, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Kelsie Hohenberger, AD/CVD 

Operations, Office V, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–2517. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 1, 2024, Commerce 

published its Preliminary Determination 

in the Federal Register and invited 

interested parties to comment.1 In the 

Preliminary Determination, and in 

accordance with section 705(a)(1) of the 

Tariff Act of 1930, as amended (the Act), 

and 19 CFR 351.210(b)(4), Commerce 

aligned this final countervailing duty 

(CVD) determination with the final 

antidumping duty (AD) determinations 

of frozen warmwater shrimp from 

Ecuador and Indonesia.2 On July 22, 

2024, Commerce tolled certain 

deadlines in this administrative 

proceeding by seven days.3 The 

deadline for the final determination is 

now October 21, 2024. 

A summary of the events that 

occurred since Commerce published the 

Preliminary Determination may be 

found in the Issues and Decision 

Memorandum.4 The Issues and Decision 


lotter on DSK11XQN23PROD with NOTICES1