85500 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 

1See Frozen Warmwater Shrimp from the 

Socialist Republic of Vietnam: Preliminary 

Affirmative Countervailing Duty Determination, and 

Alignment of Final Determination with Final 

Antidumping Duty Determination, 89 FR 22374 

(April 1, 2024) (Preliminary Determination), and 

accompanying Preliminary Decision Memorandum 

(PDM). 

2See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

3See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Determination of the 

Countervailing Duty Investigation of Frozen 

Warmwater Shrimp from the Socialist Republic of 

Vietnam,’’ dated concurrently with, and hereby 

adopted by, this notice (Issues and Decision 

Memorandum). 

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 

1605.21.10.20); (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 

1605.21.05.00 and 1605.29.05.00); (5) dried 

shrimp and prawns; (6) canned warmwater 

shrimp and prawns (HTSUS subheading 

1605.29.10.40); 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 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 BMS’s Cost 

Reporting Warrants the Application of 

Total AFA 

Comment 2: Whether Commerce Should 

Rely on BMS’s Reported Selling Prices 

and Expenses for Products Containing 

Sauce 

Comment 3: Whether Commerce Should 

Apply Partial AFA to BMS’s Reported 

Domestic Brokerage and Handling 

Expenses (DBROKU) 

Comment 4: Whether Commerce Should 

Use BMS’s Quarterly Cost Data 

Comment 5: Whether Commerce Should 

Revise BMS’s ‘‘Transactions 

Disregarded’’ Calculation 

Comment 6: Whether Commerce Should 

Reject the Petitioner’s Pre-Verification 

Comments 

Comment 7: Whether Commerce Should 

Reject First Marine/Khom Foods’ Raw 

Material Cost Reporting 

Comment 8: Whether Commerce Should 

Make a Correction to First Marine/Khom 

Foods’ Final Margin Program 

Comment 9: Whether Commerce Should 

Continue to Rely on the Financial 

Statements of PT Central Poteina Prima 

Tbk (CP Prima) to Calculate Constructed 

Value (CV) Profit and Selling Expenses 

V. Recommendation 

[FR Doc. 2024–24953 Filed 10–25–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–552–838] 

Frozen Warmwater Shrimp From the 

Socialist Republic of Vietnam: Final 

Affirmative 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 being 

provided to producers and exporters of 

frozen warmwater shrimp (shrimp) from 

the Socialist Republic of Vietnam 

(Vietnam). The period of investigation 

(POI) is January 1, 2022, through 

December 31, 2022. 

DATES: Applicable October 28, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Adam Simons, AD/CVD Operations, 

Office IX, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–6172. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 1, 2024, Commerce 

published its Preliminary Determination 

in the Federal Register and invited 

interested parties to comment.1 On July 

22, 2024, Commerce tolled certain 

deadlines in this administrative 

proceeding by seven days.2 The 

deadline for the final determination is 

now October 21, 2024. For a complete 

discussion of the events that followed 

the Preliminary Determination, see the 

Issues and Decision Memorandum.3

The Issues and Decision 

Memorandum is a public document and 

is made available to the public 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 merchandise covered by the 

scope of this investigation is shrimp 

from Vietnam. 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 

As provided in section 782(i) of the 

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

in May and June, 2024, Commerce 

conducted verification of the subsidy 

information reported by the Government 

of Vietnam (GOV), Soc Trang Seafood 


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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 85501 

4See Memoranda, ‘‘Verification of Soc Trang 

Seafood Joint Stock Company,’’ dated August 14, 

2024; ‘‘Verification of the Government of the 

Socialist Republic of Vietnam,’’ dated August 29, 

2024; and ‘‘Verification of Giang Hong Phuong,’’ 

dated July 31, 2024. 

5See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; see also section 

771(5)(E) of the Act regarding benefit; and section 

771(5A) of the Act regarding specificity. 6See Preliminary Determination PDM at 6–15. 

7See Memorandum, ‘‘Post-Preliminary Analysis 

in the Countervailing Duty Investigation of Frozen 

Warmwater Shrimp from the Socialist Republic of 

Vietnam,’’ dated May 23, 2024; see also Issues and 

Decision Memorandum at Appendix for the revised 

AFA rate calculation. 

8See Preliminary Determination, 89 FR at 22374. 

Joint Stock Company (STAPIMEX), and 

STAPIMEX’s supplier Giang Hong 

Phuong for use in our final 

determination. We used standard 

verification procedures, including an 

examination of relevant accounting 

records and original source documents 

provided by STAPIMEX, Giang Hong 

Phuong, and the GOV.4

Analysis of Subsidy Programs and 

Comments Received 

The subsidy programs under 

investigation and the issues raised in 

the case and rebuttal briefs that were 

submitted by interested parties in this 

investigation are discussed in the Issues 

and Decision Memorandum. For a list of 

the issues raised by interested parties 

and addressed in the Issues and 

Decision Memorandum, see Appendix 

II. 

Methodology 

Commerce conducted this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found to be countervailable, 

Commerce determines that there is a 

subsidy, i.e., a financial contribution by 

an ‘‘authority’’ that gives rise to a 

benefit to the recipient, and that the 

subsidy is specific.5 For a full 

description of the methodology 

underlying our final determination, see 

the Issues and Decision Memorandum. 

In making this final determination, 

Commerce relied, in part, on facts 

otherwise available, including with an 

adverse inference, pursuant to sections 

776(a) and (b) of the Act. For a full 

discussion of our application of adverse 

facts available (AFA), see the 

Preliminary Determination,6 and the 

Issues and Decision Memorandum at the 

section entitled ‘‘Uses of Facts Available 

and Application of Adverse Inferences.’’ 

Changes Since the Preliminary 

Determination 

Based on our review and analysis of 

the information at verification and 

comments received from interested 

parties, we made changes to the subsidy 

rate calculations for Thong Thuan 

Company Limited to include the 

subsidy programs included in the PostPreliminary Analysis Memo.7 For a 

discussion of these changes, see the 

Issues and Decision Memorandum. 

All-Others Rate 

Pursuant to section 705(c)(5)(A)(i) of 

the Act, Commerce will determine an 

all-others rate equal to the weightedaverage countervailable subsidy rates 

established for exporters and/or 

producers individually investigated, 

excluding any zero and de minimis 

countervailable subsidy rates, and any 

rates determined entirely under section 

776 of the Act. We continue to assign a 

rate based entirely on facts available to 

Thong Thuan Company Limited. 

Therefore, the only rate that that is not 

zero, de minimis, or based entirely on 

facts otherwise available is the rate 

calculated for STAPIMEX. 

Consequently, we continue to assign the 

rate calculated for STAPIMEX as the 

rate for all other producers and 

exporters, pursuant to section 

705(c)(5)(A)(i) of the Act. 

Final Determination 

Commerce determines that the 

following estimated countervailable 

subsidy rates exist for the period 

January 1, 2022, through December 31, 

2022: 

Company 

Subsidy rate 

(percent 

ad valorem) 

Soc Trang Seafood Joint Stock Company .................................................................................................................................. 2.84 

Thong Thuan Company Limited .................................................................................................................................................. * 221.82 

All Others ..................................................................................................................................................................................... 2.84 

* Rate based on AFA. 

Disclosure 

Commerce intends to disclose to 

interested parties the calculations and 

analysis performed in this final 

determination 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 accordance with 19 CFR 351.224(b). 

Continuation of Suspension of 

Liquidation 

As a result of our Preliminary 

Determination, and pursuant to sections 

703(d)(1)(B) and (d)(2) of the Act, we 

instructed U.S. Customs and Border 

Protection (CBP) to collect cash deposits 

and suspend liquidation of entries of 

subject merchandise from Vietnam that 

were entered, or withdrawn from 

warehouse, for consumption, on or after 

April 1, 2024, the date of the 

publication of the Preliminary 

Determination in the Federal Register.8

In accordance with section 703(d) of the 

Act, we instructed CBP to discontinue 

the suspension of liquidation of all 

entries of subject merchandise entered 

or withdrawn from warehouse, on or 

after July 30, 2024, but to continue the 

suspension of liquidation of all entries 

of subject merchandise on or before July 

29, 2024. 

If the U.S. International Trade 

Commission (ITC) issues a final 

affirmative injury determination, we 

will issue a countervailing duty order, 

reinstate the suspension of liquidation 

under section 706(a) of the Act, and 

require a cash deposit of estimated 

countervailing duties for entries of 

subject merchandise in the amounts 

indicated above. If the ITC determines 

that material injury, or threat of material 

injury, does not exist, this proceeding 

will be terminated, and all estimated 

duties deposited or securities posted as 

a result of the suspension of liquidation 

will be refunded or cancelled. 

ITC Notification 

In accordance with section 705(d) of 

the Act, we will notify the ITC of our 

final affirmative determination that 

countervailable subsidies are being 

provided to producers and exporters of 

shrimp from Vietnam. Because the final 

determination is affirmative, in 

accordance with section 705(b) of the 

Act, the ITC will make its final 

determination as to whether the 

domestic industry in the United States 

is materially injured, or threatened with 


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85502 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 

material injury, by reason of imports of 

shrimp from Vietnam no later than 45 

days after our final determination. In 

addition, we are making available to the 

ITC all non-privileged and 

nonproprietary information related to 

this investigation. We will allow the ITC 

access to all privileged and business 

proprietary information in our files, 

provided the ITC confirms that it will 

not disclose such information, either 

publicly or under an administrative 

protective order (APO), without the 

written consent of the Assistant 

Secretary for Enforcement and 

Compliance. If the ITC determines that 

material injury or threat of material 

injury does not exist, this proceeding 

will be terminated and all cash deposits 

will be refunded. If the ITC determines 

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 Order 

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 

1605.21.1020); (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. Subsidies Valuation 

IV. Use of Facts Available and Adverse 

Inferences 

V. Benchmarks 

VI. Analysis of Programs 

VII. Discussion of the Issues 

Comment 1: Whether the Accelerated 

Depreciation and Increase of Deductible 

Expense Program is Specific 

Comment 2: Whether to Countervail 

Lending Programs Deferred at the 

Preliminary Determination 

Comment 3: Whether to Apply AFA to 

Water in the Provision of Utilities at 

Reduced Rates in Industrial and Export 

Processing Zones Program 

Comment 4: Whether to Select an 

Alternative Land for Less Than Adequate 

Remuneration (LTAR) Benchmark 

Comment 5: Whether to Reconsider the 

Countervailability of the Import Duty 

Exemptions for Imports Used to Produce 

Exported Goods Program 

Comment 6: Whether to Continue to Find 

Certain Programs Not Countervailable 

Comment 7: Whether Commerce Should 

Implement Section 771B of the Act 

VIII. Recommendation 

[FR Doc. 2024–24955 Filed 10–25–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–921] 

Frozen Warmwater Shrimp From India: 

Final Affirmative 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 being 

provided to producers and exporters of 

frozen warmwater shrimp (shrimp) from 

India. The period of investigation (POI) 

is April 1, 2022, through March 31, 

2023. 

DATES: Applicable October 28, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin Nathan, AD/CVD Operations, 

Office II, Enforcement and Compliance, 


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