85498 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 

1See Frozen Warmwater Shrimp from Indonesia: 

Preliminary Affirmative Determination of Sales at 

Less Than Fair Value, Postponement of Final 

Determination, and Extension of Provisional 

Measures, 89 FR 46861 (May 30, 2024) (Preliminary 

Determination), and accompanying Preliminary 

Decision Memorandum (PDM). 

2See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 3 Id. 

4See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Determination of Sales at Less-Than-Fair-Value of 

Frozen Warmwater Shrimp from Indonesia,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Issues and Decision Memorandum). 

5See Memoranda, ‘‘Verification of the 

Questionnaire Responses of PT Bahari Makmur 

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

Frozen Warmwater Shrimp from Indonesia,’’ dated 

July 22, 2024; and ‘‘Verification of the Cost 

Response of PT Bahari Makmur Sejati in the 

Antidumping Duty Investigation of Frozen 

Warmwater Shrimp from Indonesia,’’ dated August 

6, 2024. 

6See Memoranda, ‘‘Verification of the 

Questionnaire Responses of PT First Marine 

Seafoods and PT Khom Foods in the Less-ThanFair-Value Investigation of Frozen Warmwater 

Shrimp from Indonesia,’’ dated August 2, 2024, and 

‘‘Verification of the Cost Response of PT First 

Marine Seafoods in the Less Than Fair Value 

Investigation of Frozen Warm Water Shrimp from 

Indonesia,’’ dated September 6, 2024. In the 

Preliminary Determination, Commerce determined 

that PT First Marine Seafoods and PT Khom Foods 

are a single entity and no party commented on this 

finding. Accordingly, we continue to treat these 

companies as a single entity for this final 

determination. See Preliminary Determination PDM 

at 5. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–560–842] 

Frozen Warmwater Shrimp From 

Indonesia: Final Affirmative 

Determination of Sales at Less-ThanFair 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 Indonesia are being, or 

are likely to be, sold in the United 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: 

Rachel Jennings or Miranda Bourdeau, 

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) 482–1110 or 

(202) 482–2021, 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 Indonesia.1 We invited interested 

parties to comment on the Preliminary 

Determination. 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, 2024.3

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 Indonesia. 

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), 

Commerce verified the sales and cost 

information submitted by PT Bahari 

Makmur Sejati (BMS),5 and PT First 

Marine Seafoods and PT Khom Foods 

(collectively, First Marine/Khom 

Foods) 6 for use in our final 

determination. We used standard 

verification procedures, including an 

examination of relevant sales and 

accounting records, and original source 

documents provided by BMS and First 

Marine/Khom Foods. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by interested parties in 

this investigation are addressed in the 

Issues and Decision Memorandum. A 

list of the issues raised is attached to 

this notice as Appendix II. 

Changes Since the Preliminary 

Determination 

We have made certain changes since 

the Preliminary Determination. See the 

Issues and Decision Memorandum for a 

discussion of these changes. 

Use of Adverse Facts Available 

In making this final determination, 

Commerce relied, in part, on facts 

otherwise available with an adverse 

inference (AFA), pursuant to sections 

776(a) and (b) of the Act, in determining 

BMS’s domestic brokerage and handling 

expenses. For further discussion of our 

application of AFA, see the Issues and 

Decision Memorandum. 

All-Others Rate 

Section 735(c)(5)(A) of the Act 

provides that Commerce shall determine 

an estimated all-others rate for all 

exporters and producers not 

individually examined. This rate shall 

be an amount equal to the weighted 

average of the estimated weightedaverage dumping margins established 

for exporters and producers 

individually investigated, excluding any 

zero and de minimis margins, and any 

margins determined entirely under 

section 776 of the Act. 

For the final determination of this 

investigation, Commerce calculated an 

estimated weighted-average dumping 

margin of 0.00 percent for BMS, and an 

estimated weighted-average dumping 

margin of 3.90 percent for First Marine/ 

Khom Foods. Therefore, the only rate 

that is not zero, de minimis, or based 

entirely on facts otherwise available is 

the rate calculated for First Marine/ 

Khom Foods. Consequently, the rate 

calculated for First Marine/Khom Foods 

is also assigned as the rate for all other 

producers and exporters. 

Final Determination 

Commerce determines that the 

following estimated weighted-average 

dumping margins exist: 


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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 85499 

7Commerce determined that countervailable 

subsidies are not being provided to producers and 

exporters of shrimp from Indonesia. See 

Memorandum, ‘‘Decision Memorandum for the 

Final Negative Determination of the Countervailing 

Duty Investigation of Frozen Warmwater Shrimp 

from Indonesia,’’ dated concurrently with this 

notice. 

Exporter/producer 

Weighted-average 

dumping margin 

(percent) 7

PT Bahari Makmur Sejati ............................................................................................................................................................ 0.00 

PT First Marine Seafoods/PT Khom Foods ................................................................................................................................ 3.90 

All Others ..................................................................................................................................................................................... 3.90 

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). 

Continuation of Suspension of 

Liquidation 

In accordance with section 

735(c)(1)(B) of the Act, Commerce will 

instruct U.S. Customs and Border 

Protection (CBP) to continue to suspend 

liquidation of all entries of subject 

merchandise, as described in Appendix 

I of this notice, which were entered, or 

withdrawn from warehouse, for 

consumption on or after May 30, 2024, 

the date of publication of the 

Preliminary Determination in the 

Federal Register except for those entries 

of subject merchandise produced and 

exported by BMS. 

Pursuant to section 735(c)(1)(B)(ii) of 

the Act and 19 CFR 351.210(d), upon 

the publication of this notice, we will 

instruct CBP to require a cash deposit 

for estimated weighted-average 

antidumping duties as follows: (1) the 

cash deposit rate for the companies 

listed in the table above that exported 

the subject merchandise will be equal to 

the company-specific estimated 

weighted-average dumping margins 

determined in this final determination; 

(2) if the exporter is not a company 

identified in the table above, but the 

producer is, then the cash deposit rate 

will be equal to the company-specific 

estimated weighted-average dumping 

margin established for that producer of 

the subject merchandise; and (3) the 

cash deposit rate for all other producers 

and exporters will be equal to the 

estimated weighted-average dumping 

margin for all other producers and 

exporters. These suspension of 

liquidation instructions will remain in 

effect until further notice. 

Because the estimated weightedaverage dumping margin for BMS is 

zero, entries of shipments of subject 

merchandise that are produced and 

exported by BMS will not be subject to 

suspension of liquidation or cash 

deposit requirements. In such 

situations, Commerce also applies the 

exclusion from the provisional measures 

to the producer/exporter combination 

that was examined in the investigation. 

Accordingly, Commerce will not be 

directing CBP to suspend liquidation of 

entries of subject merchandise produced 

and exported by BMS. However, entries 

of subject merchandise from this 

company in any other producer/ 

exporter combination (i.e., where BMS 

is either the producer or the exporter, 

but not both), or by third parties that 

sourced subject merchandise from the 

excluded producer/exporter 

combination, will be subject to 

suspension of liquidation at the allothers rate. 

Further, because the estimated 

weighted-average dumping margin is 

zero for subject merchandise produced 

and exported by BMS, entries of such 

merchandise will be excluded from the 

potential antidumping duty order. Such 

an exclusion will not be applicable to 

merchandise exported to the United 

States by this respondent in any other 

producer/exporter combinations or by 

third parties that sourced subject 

merchandise from the excluded 

producer/exporter combination. 

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 final affirmative determination of 

sales at LTFV. Because the final 

determination in this proceeding is 

affirmative, in accordance with section 

735(b)(2) 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 

material injury, by reason of imports of 

shrimp from Indonesia no later than 45 

days after this final determination. 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 ‘‘Continuation of 

Suspension of Liquidation’’ section. 

Administrative Protective Order 

This notice serves as the only 

reminder to parties subject to an 

administrative protective order (APO) of 

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. 


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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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