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 


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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 85513 

Warmwater Shrimp from Indonesia,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Issues and Decision Memorandum). 5Commerce determined that First Marine is 

cross-owned with PT Khom Foods. Hereinafter, 

both companies are collectively referred to as First 

Marine, unless stated otherwise. 6See Memoranda, ‘‘Verification of the 

Government of Indonesia Questionnaire 

Responses,’’ dated August 19, 2024; ‘‘Verification of 

the Questionnaire Responses of PT First Marine 

Seafoods,’’ dated August 9, 2024; ‘‘Verification of 

the Questionnaire Responses of PT. First Marine 

Seafoods’ Unaffiliated Farmer-Supplier’s 

Questionnaire Responses,’’ dated August 9, 2024; 

‘‘Verification of the Questionnaire Responses of PT 

Bahari Makmur Sejati,’’ dated August 23, 2024; and 

‘‘Verification of the Questionnaire Responses of 

BMS’s Unaffiliated Farmer-Suppliers,’’ dated 

August 23, 2024. 

7See 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. 

8As discussed in the PDM, Commerce 

determined that PT Bahari Makmur Sejati is crossowned with input suppliers PT International 

Packaging Manufacturing and PT Total Pack 

Indonesia. 

9As discussed in the PDM, Commerce 

determined that PT First Marine Seafoods is crossowned with PT Khom Foods, a producer/distributor 

of subject merchandise. 

10See Preliminary Determination, 89 FR 22384. 

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 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 

Act, in May 2024, we conducted 

verifications of information submitted 

by the Government of Indonesia (GOI), 

PT. Bahari Makmur Sejati (BMS), PT. 

First Marine Seafoods (First Marine),5

and BMS and First Marine’s unaffiliated 

farmer-suppliers for use in our final 

determination. We used standard 

verification procedures, including an 

examination of relevant accounting 

records and original source documents 

provided by the GOI, BMS, First Marine, 

and the farmer-suppliers.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. 

Changes Since the Preliminary 

Determination 

Based on our analysis of the 

comments received from interested 

parties and our verification findings, we 

made certain changes to the subsidy rate 

calculations for BMS. For a discussion 

of these changes, see the Issues and 

Decision Memorandum. 

Final Determination 

Commerce determines that the 

following estimated countervailable 

subsidy rates exist: 

Company 

Subsidy rate 

(percent 

ad valorem) 

PT. Bahari Makmur Sejati 8 ......................................................................................................................................................... 0.20 (de minimis). 

PT. First Marine Seafoods/PT Khom Foods 9 ............................................................................................................................. 0.71 (de minimis). 

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). 

Suspension of Liquidation 

In the Preliminary Determination, the 

total net countervailable subsidy rates 

for the individually examined 

respondents were de minimis and, 

therefore, we did not suspend 

liquidation of entries of frozen 

warmwater shrimp from Indonesia.10

Because Commerce determines that no 

countervailable subsidies are being 

provided to the production or 

exportation of subject merchandise, 

Commerce will not direct U.S. Customs 

and Border Protection to suspend 

liquidation of any such entries. 

International Trade Commission (ITC) 

Notification 

In accordance with section 705(d) of 

the Act, Commerce will notify the ITC 

of our final determination that 

countervailable subsidies are not being 

provided to producers and exporters of 

shrimp from Indonesia. Because the 

final determination is negative, this 

proceeding is terminated in accordance 

with section 705(c)(2) of the Act. 

Administrative Protective Order (APO) 

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 pursuant to sections 705(d) 

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

351.210(c). 


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85514 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 

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 from the Preliminary 

Determination 

IV. Subsidies Valuation 

V. Analysis of Programs 

VI. Discussion of the Issues 

Comment 1: Whether Commerce Should 

Apply Adverse Facts Available (AFA) To 

Countervail the Provision of Water or 

Port Facilities to First Marine 

Comment 2: Whether Commerce Should 

Apply AFA To Countervail Export 

Financing From the Export-Import Bank 

of Indonesia (Eximbank) 

Comment 3: Whether Commerce Should 

Apply Total AFA to the GR 55/2022 and 

Article 31E Income Tax Reduction 

Programs 

Comment 4: Whether Commerce Should 

Correct the Benefit Calculations Under 

the Government Regulation 55/2022 and 

Article 31E Income Tax Reduction 

Programs 

Comment 5: Whether Commerce Should 

Make Corrections to the Sales 

Denominators Used To Calculate the Ad 

Valorem Subsidy Rates 

VII. Recommendation 

[FR Doc. 2024–24954 Filed 10–25–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE383] 

Marine Mammals and Endangered 

Species 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permits, 

permit amendments, and permit 

modifications. 

SUMMARY: Notice is hereby given that 

permits, permit amendments, and 

permit modifications have been issued 

to the following entities under the 

Marine Mammal Protection Act 

(MMPA) and the Endangered Species 

Act (ESA), as applicable. 

ADDRESSES: The permits and related 

documents are available for review 

upon written request via email to 

NMFS.Pr1Comments@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: Sara 

Young (Permit No. 27597), Erin Markin, 

Ph.D., (Permit No. 28148), Amy 

Hapeman (Permit No. 21163–01), and 

Malcolm Mohead (Permit 20347–02); at 

(301) 427–8401. 

SUPPLEMENTARY INFORMATION: Notices 

were published in the Federal Register 

on the dates listed below that requests 

for a permit, permit amendment, or 

permit modification had been submitted 

by the below-named applicants. To 

locate the Federal Register notice that 

announced our receipt of the 

application and a complete description 

of the activities, go to https://

www.federalregister.gov and search on 

the permit number provided in table 1 

below. 

TABLE 1—ISSUED PERMITS, PERMIT AMENDMENTS, AND PERMIT MODIFICATIONS

Permit No. RTID Applicant Previous Federal Register Notice Issuance date 

20347–02 ......... 0648–XE179 ..... University of Maine, 5741 Libby Hall, Room 

202A, Orono, ME 04469 (Responsible Party: 

Gayle Zydlewski, Ph.D.).

89 FR 64879, August 8, 2024 ............ October 1, 2024. 

21163–01 ......... 0648–XR004 .... Marine Ecology and Telemetry Research, 2468 

Camp McKenzie Trail NW, Seabeck WA 

98380 (Responsible Party: Greg Schorr).

84 FR 54121, October 9, 2019 .......... September 23, 

2024. 


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