85506 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 

1See Frozen Warmwater Shrimp from Ecuador: 

Preliminary Affirmative Countervailing Duty 

Determination, and Alignment of Final 

Determination with the Final Antidumping Duty 

Determination, 89 FR 22379 (April 1, 2024) 

(Preliminary Determination), amended in Frozen 

Warmwater Shrimp from Ecuador: Amended 

Preliminary Determination of Countervailing Duty 

Investigation, 89 FR 31722 (April 25, 2024) 

(Amended Preliminary Determination). 

2 Id., 89 FR at 22380. 

3See Memoranda, ‘‘Countervailing Duty 

Investigation of Frozen Warmwater Shrimp from 

Ecuador: Post-Preliminary Analysis,’’ dated July 12, 

2024 (First Post-Preliminary Determination); and 

‘‘Countervailing Duty Investigation of Frozen 

Warmwater Shrimp from Ecuador: Second PostPreliminary Determination Calculations for 

Sociedad Nacional de Galapagos C.A.,’’ dated 

September 26, 2024 (Second Post-Preliminary 

Determination). 

4See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

5See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Determination of the Countervailing Duty 

Investigation of Frozen Warmwater Shrimp from 

Ecuador,’’ dated concurrently with, and hereby 

adopted by, this notice (Issues and Decision 

Memorandum). 

6See Memoranda, ‘‘Countervailing Duty 

Investigation of Frozen Warmwater Shrimp from 

Ecuador: Verification of the Questionnaire 

Responses of Sociedad Nacional de Gala ́pagos 

C.A.,’’ dated August 13, 2024; ‘‘Countervailing Duty 

Investigation of Frozen Warmwater Shrimp from 

Ecuador: Verification of the Questionnaire 

Responses of Industrial Pesquera Santa Priscila 

S.A.,’’ dated August 22, 2024; and ‘‘Countervailing 

Duty Investigation of Frozen Warmwater Shrimp 

from Ecuador: Verification of the Questionnaire 

Responses of the Government of Ecuador,’’ dated 

September 3, 2024. 

7See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

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

the Act regarding specificity. 

SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY—Continued 

Country Program(s) Gross 3 subsidy 

($/lb) 

Net 4 Subsidy 

($/lb) 

Norway ......................................... Indirect (Milk) Subsidy .......................................................................

Consumer Subsidy ............................................................................

Total ..................................................................................................

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

Switzerland .................................. Deficiency Payments ......................................................................... 0.00 0.00 

[FR Doc. 2024–24956 Filed 10–25–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–331–806] 

Frozen Warmwater Shrimp From 

Ecuador: 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 

Ecuador. The period of investigation 

(POI) is January 1, 2022, through 

December 31, 2022. 

DATES: Applicable October 28, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Reginald Anadio or Zachary Shaykin, 

AD/CVD Operations, Office IV, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–3166 or 

(202) 482-5377, respectively. 

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) determination 

of frozen warmwater shrimp from 

Ecuador.2 On July 12 and September 26, 

2024, Commerce issued its postpreliminary determinations.3 On July 

22, 2024, Commerce tolled certain 

deadlines in this administrative 

proceeding by seven days.4 The 

deadline for the final determination is 

now October 21, 2024. 

For a complete description of the 

events that followed the Preliminary 

Determination, see the Issues and 

Decision Memorandum.5 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 http://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 frozen freshwater 

shrimp from Ecuador. For a complete 

description 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)(1) of the 

Act, in July 2024, Commerce conducted 

verification of the subsidy information 

reported by Industrial Pesquera Santa 

Priscila S.A. (Santa Priscila), Sociedad 

Nacional de Gala ́pagos C.A. (SONGA), 

and the Government of Ecuador (GOE) 

for use in our final determination. We 

used standard verification procedures, 

including an examination of relevant 

accounting records and original source 

documents provided by Santa Priscila, 

SONGA, and the GOE.6

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.7 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 


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8See Preliminary Determination and Amended 

Preliminary Determination. 9See First Post-Preliminary Determination and 

Second Post-Preliminary Determination. 10See Memorandum, ‘‘Final Determination 

Calculations for Santa Priscila,’’ dated concurrently 

with this notice, and Memorandum, ‘‘Final 

Determination Calculations for SONGA,’’ dated 

concurrently with this notice. 

11With two respondents under examination, 

Commerce normally calculates: (A) a weightedaverage of the estimated subsidy rates calculated for 

the examined respondents; (B) a simple average of 

the estimated subsidy rates calculated for the 

examined respondents; and (C) a weighted-average 

of the estimated subsidy rates calculated for the 

examined respondents using each company’s 

publicly-ranged U.S. sale quantities for the 

merchandise under consideration. Commerce then 

compares (B) and (C) to (A) and selects the rate 

closest to (A) as the most appropriate rate for all 

other producers and exporters. See, e.g., Ball 

Bearings and Parts Thereof from France, Germany, 

Italy, Japan, and the United Kingdom: Final Results 

of Antidumping Administrative Reviews, Final 

Results of Changed-Circumstances Review, and 

Revocation of an Order in Part, 75 FR 53661, 53663 

(September 1, 2010); see also Forged Steel Fluid 

End Blocks from Italy: Preliminary Affirmative 

Countervailing Duty Determination, and Alignment 

of Final Determination with Final Antidumping 

Duty Determination, 85 FR 31460, 31461 (May 26, 

2020), unchanged in Forged Steel Fluid End Blocks 

from Italy: Final Affirmative Countervailing Duty 

Determination, 85 80022, 80023 (December 11, 

2020). 

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,8 First PostPreliminary Determination and Second 

Post-Preliminary Determination,9 and 

the Issues and Decision Memorandum 

section entitled ‘‘Use of Facts Otherwise 

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 certain changes to the 

subsidy rate calculations for both Santa 

Priscila and SONGA.10 For a discussion 

of these changes, see the Issues and 

Decision Memorandum. 

All-Others Rate 

In accordance with section 

705(c)(1)(B)(i) of the Act, we calculated 

an individual estimated countervailable 

subsidy rates for the mandatory 

respondents, Santa Priscila and SONGA. 

Section 705(c)(5)(A)(i) of the Act states 

that, for companies not individually 

investigated, Commerce will determine 

an all-others rate equal to the weightedaverage countervailable subsidy rates 

established for exporters and/or 

producers individually investigated, 

excluding any subsidy rates that are 

zero, de minimis, or determined entirely 

under section 776 of the Act. 

In this investigation, we calculated 

individual total net countervailable 

subsidy rates for both Santa Priscila and 

SONGA that are not zero, de minimis, 

or based entirely on facts otherwise 

available. Therefore, we calculated the 

all-others rate using a weighted average 

of the individual estimated subsidy 

rates calculated for the examined 

respondents (Santa Priscila and 

SONGA) using each company’s 

publicly-ranged sales value for their 

exports to the United States of subject 

merchandise,11 in accordance with 

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

Final Determination 

Commerce determines that the 

following estimated countervailable 

subsidy rates exist: 

Company 

Subsidy rate 

(percent 

ad valorem) 

Industrial Pesquera Santa Priscila S.A ....................................................................................................................................... 3.57 

Sociedad Nacional de Gala ́pagos C.A ........................................................................................................................................ 4.41 

All Others ..................................................................................................................................................................................... 3.78 

Disclosure 

We intend 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, 

Commerce instructed U.S. Customs and 

Border Protection (CBP) to collect cash 

deposits and suspend liquidation of 

entries of subject merchandise from 

Ecuador that were entered, or 

withdrawn from warehouse, for 

consumption on April 1, 2024, the date 

of publication of the Preliminary 

Determination in the Federal Register. 

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. 

U.S. International Trade Commission 

Notification 

In accordance with section 705(d) of 

the Act, Commerce will notify the ITC 

of its final affirmative determination 

that countervailable subsidies are being 

provided to producers and exporters of 

shrimp from Ecuador. 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 

material injury, by reason of imports of 

shrimp from Ecuador 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 


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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 


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