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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Notices]
[Pages 104982-104985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30694]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-842, C-331-806, C-533-921, C-552-838]

Frozen Warmwater Shrimp From Indonesia: Antidumping Duty Order; 
Frozen Warmwater Shrimp From Ecuador, India, and the Socialist Republic 
of Vietnam: Countervailing Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on affirmative final determinations by the U.S. 
Department of Commerce (Commerce) and the U.S. International Trade 
Commission (ITC), Commerce is issuing an antidumping duty (AD) order on 
frozen warmwater shrimp (shrimp) from Indonesia and countervailing duty 
(CVD) orders on shrimp from Ecuador, India, and the Socialist Republic 
of Vietnam (Vietnam).

DATES: Applicable December 26, 2024.

FOR FURTHER INFORMATION CONTACT: Benjamin Nathan (CVD India) at (202) 
482-3834; Reginald Anadio or Zachary Shaykin (CVD Ecuador) at (202) 
482-3166 or (202) 482-5377, respectively; Rachel Jennings or Miranda 
Bourdeau (AD Indonesia) at (202) 482-1110 or (202) 482-2021, 
respectively; and Adam Simons (CVD Vietnam) at (202) 482-6172; AD/CVD 
Operations, Offices II, IV, V, and IX, respectively, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 705(d), 735(d), and 777(i) of the 
Tariff Act of 1930, as amended (the Act), on October 28, 2024, Commerce 
published its affirmative final determination of sales at less than 
fair value (LTFV) of shrimp from Indonesia,\1\ and its affirmative 
final determinations that countervailable subsidies are being provided 
to producers and exporters of shrimp from Ecuador, India, and 
Vietnam.\2\
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    \1\ See Frozen Warmwater Shrimp from Indonesia: Final 
Affirmative Determination of Sales at Less-Than-Fair Value, 89 FR 
85498 (October 28, 2024) (Shrimp from Indonesia Final Results).
    \2\ See Frozen Warmwater Shrimp from Ecuador: Final Affirmative 
Countervailing Duty Determination, 89 FR 85506 (October 28, 2024); 
see also Frozen Warmwater Shrimp from India: Final Affirmative 
Countervailing Duty Determination, 89 FR 85502 (October 28, 2024); 
and Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: 
Final Affirmative Countervailing Duty Determination, 89 FR 85500 
(October 28, 2024).
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    On December 12, 2024, pursuant to sections 705(d) and 735(d) of the 
Act, the ITC notified Commerce of its final affirmative determinations 
that an industry in the United States is materially injured by reason 
of dumped imports of shrimp from Indonesia, and subsidized imports of 
shrimp from Ecuador, India, and Vietnam, within the meaning of sections 
705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.\3\ On December 17, 
2024, the ITC published its final determinations in the Federal 
Register.\4\
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    \3\ See ITC's Letter, ``Notification of ITC Final 
Determination,'' dated December 12, 2024 (ITC Notification Letter).
    \4\ See Frozen Warmwater Shrimp from Ecuador, India, Indonesia, 
and Vietnam, 89 FR 102163 (December 17, 2024).
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Scope of the Orders

    The merchandise covered by these orders is frozen warmwater shrimp 
from Ecuador, India, Indonesia, and Vietnam. For a complete description 
of the scope of the orders, see the appendix to this notice.

AD Order

    On December 12, 2024, in accordance with section 735(d) of the Act, 
the ITC notified Commerce of its final determinations that an industry 
in the United States is materially injured within the meaning of 
section 735(b)(1)(A)(i) of the Act by reason of imports of shrimp from 
Indonesia that are sold in the United States at LTFV.\5\ Therefore, in 
accordance with sections 735(c)(2) and 736 of the Act, Commerce is 
issuing this AD order. Because the ITC determined that imports of 
shrimp from Indonesia are materially injuring a U.S. industry, 
unliquidated entries of such merchandise from Indonesia, entered or 
withdrawn from warehouse for consumption, are subject to the assessment 
of antidumping duties.
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    \5\ See ITC Notification Letter.
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    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duty deposits 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise on all relevant entries of shrimp from Indonesia. 
Antidumping duties will be assessed on unliquidated entries of shrimp 
entered, or withdrawn from warehouse, for consumption on or after May 
30, 2024, the date of publication of the LTFV Preliminary 
Determination,\6\ but will not include entries occurring after the 
expiration of the provisional measures period and before publication of 
the ITC's final injury determination, as further described below.
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    \6\ See 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) (LTFV Preliminary 
Determination).
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Continuation of Suspension of Liquidation and Cash Deposits--AD

    Except as noted in the ``Provisional Measures--AD'' section of this 
notice, Commerce intends to instruct CBP to continue to suspend 
liquidation on all relevant entries of shrimp from Indonesia, in 
accordance with section 736 of the Act. Because the estimated weighted-
average dumping margin calculated for PT Bahari Makmur Sejati (BMS) in 
the Final Determination was zero,\7\ entries of subject merchandise 
produced and exported by BMS will not be subject to this order. 
Accordingly, Commerce will direct CBP not to suspend liquidation of, or 
to require

[[Page 104983]]

cash deposits of estimated antidumping duties on, entries of subject 
merchandise produced and exported by BMS. Therefore, in accordance with 
section 735(a)(4) of the Act and 19 CFR 351.204(e)(1), entries of 
subject merchandise from this producer/exporter combination will be 
excluded from the order. However, entries of subject merchandise from 
BMS in any other producer/exporter combination, or by third parties 
that sourced subject merchandise from the excluded producer/exporter 
combination, will be subject to suspension of liquidation and cash 
deposits of estimated antidumping duties at the all-others rate noted 
below. These instructions suspending liquidations will remain in effect 
until further notice.
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    \7\ Shrimp from Indonesia Final Results, 89 FR at 85499.
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    Commerce also intends to instruct CBP to require cash deposits 
equal to the estimated weighted-average dumping margins indicated in 
the tables below. Accordingly, effective on the date of publication in 
the Federal Register of the notice of the ITC's final affirmative 
injury determination, CBP must require, at the same time as importers 
would normally deposit estimated customs duties on subject merchandise, 
a cash deposit equal to the rates listed in the table below.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
PT Bahari Makmur Sejati.....................................        0.00
PT First Marine Seafoods; PT Khom Foods.....................        3.90
All Others..................................................        3.90
------------------------------------------------------------------------

Provisional Measures--AD

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months. 
At the request of exporters that accounted for a significant proportion 
of exports of shrimp from Indonesia, Commerce extended the four-month 
period to no more than six months.\8\ In the underlying investigation, 
Commerce published the LTFV Preliminary Determination on May 30, 2024. 
Therefore, the six-month period beginning on the date of the 
publication of the LTFV Preliminary Determination ended on November 25, 
2024. Pursuant to section 737(b) of the Act, the collection of cash 
deposits at the rates listed above will begin on the date of 
publication of the ITC's final injury determination. Therefore, in 
accordance with section 736(a)(1) of the Act and our practice, Commerce 
will instruct CBP to terminate the suspension of liquidation and to 
liquidate, without regard to antidumping duties, unliquidated entries 
of shrimp from Indonesia entered, or withdrawn from warehouse, for 
consumption on or after November 26, 2024, the first day provisional 
measures were no longer in effect, until and through the day preceding 
the date of publication of the ITC's final injury determination in the 
Federal Register. Suspension of liquidation and the collection of cash 
deposits will resume on the date of publication of the ITC's final 
determination in the Federal Register.
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    \8\ See LTFV Preliminary Determination.
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CVD Orders

    As stated above, based on the above-referenced affirmative final 
determination by the ITC that an industry in the United States is 
materially injured within the meaning of section 705(b)(1)(A)(i) of the 
Act by reason of subsidized imports of shrimp from Ecuador, India, and 
Vietnam,\9\ in accordance with section 705(c)(2) of the Act, Commerce 
is issuing these CVD orders. Moreover, because the ITC determined that 
imports of shrimp from Ecuador, India, and Vietnam are materially 
injuring a U.S. industry, unliquidated entries of subject merchandise 
from Ecuador, India, and Vietnam entered, or withdrawn from warehouse, 
for consumption, are subject to the assessment of countervailing 
duties.
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    \9\ See ITC Notification Letter.
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    Therefore, in accordance with section 706(a) of the Act, Commerce 
intends to direct CBP to assess, upon further instructions by Commerce, 
countervailing duties on all relevant entries of shrimp from Ecuador, 
India, and Vietnam, which are entered, or withdrawn from warehouse, for 
consumption on or after April 1, 2024, the date of publication of the 
CVD Preliminary Determinations,\10\ but will not include entries 
occurring after the expiration of the provisional measures period and 
before the publication of the ITC's final injury determination under 
section 705(b) of the Act, as further described in the ``Provisional 
Measures--CVD'' section of this notice.
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    \10\ See 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); see also Frozen Warmwater Shrimp from 
India: Preliminary Affirmative Countervailing Duty Determination, 
and Alignment of Final Determination With Final Antidumping Duty 
Determination, 89 FR 22386 (April 1, 2024); and 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) (collectively, CVD Preliminary 
Determinations). We note that the preliminary determination for 
Ecuador was subsequently amended. See Frozen Warmwater Shrimp from 
Ecuador: Amended Preliminary Determination of Countervailing Duty 
Investigation, 89 FR 31722 (April 25, 2024).
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Suspension of Liquidation and Cash Deposits--CVD

    In accordance with section 706 of the Act, Commerce intends to 
instruct CBP to reinstitute the suspension of liquidation of shrimp 
from Ecuador, India, and Vietnam, effective on the date of publication 
of the ITC's final affirmative injury determination in the Federal 
Register, and to assess, upon further instruction by Commerce, pursuant 
to section 706(a)(1) of the Act, countervailing duties on each entry of 
subject merchandise in an amount based on the net countervailable 
subsidy rates below. On or after the date of publication of the ITC's 
final injury determination in the Federal Register, CBP must require, 
at the same time as importers would normally deposit estimated customs 
duties on this merchandise, a cash deposit equal to the rates listed in 
the table below. These instructions suspending liquidation will remain 
in effect until further notice. The all-others rate applies to all 
producers or exporters not specifically listed below, as appropriate.

Estimated Countervailing Duty Subsidy Rates

    The estimated countervailing duty subsidy rates are as follows:

[[Page 104984]]

------------------------------------------------------------------------
                                                  Subsidy rate (percent
                    Company                            ad valorem)
------------------------------------------------------------------------
                                 Ecuador
------------------------------------------------------------------------
Industrial Pesquera Santa Priscila S.A \11\....                     3.57
Sociedad Nacional de Gal[aacute]pagos C.A \12\.                     4.41
All Others.....................................                     3.78
------------------------------------------------------------------------
                                  India
------------------------------------------------------------------------
Devi Sea Foods Limited \13\....................                     5.87
Sandhya Aqua Exports Private Limited \14\......                     5.63
All Others.....................................                     5.77
------------------------------------------------------------------------
                                 Vietnam
------------------------------------------------------------------------
Soc Trang Seafood Joint Stock Company..........                     2.84
Thong Thuan Company Limited....................                   221.82
All Others.....................................                     2.84
------------------------------------------------------------------------

Provisional Measures--CVD
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    \11\ Commerce has found the following companies to be cross-
owned with Industrial Pesquera Santa Priscila S.A: Manesil S.A., 
Produmar S.A., Egidiosa S.A., and Tropical Packing Ecuador S.A.
    \12\ Commerce has found the following companies to be cross-
owned with Sociedad Nacional de Gal[aacute]pagos C.A: Naturisa S.A., 
Holding Sola & Sola Solacciones S.A., and Empacadora Champmar S.A.
    \13\ Commerce has found the following companies to be cross-
owned with Devi Sea Foods Limited: Devi Sea Foods Inc, Devee Horizon 
LLP, Devee Power Corporation Limited, and Devee Superior Feeds 
Limited.
    \14\ Commerce has found the following company to be cross-owned 
with Sandhya Aqua Exports Private Limited: Neeli Sea Foods Private 
Limited, Vijay Aqua Processors Private Limited, and Neeli Aqua 
Farms.
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    Section 703(d) of the Act states that the suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months. Commerce published the CVD 
Preliminary Determinations on April 1, 2024.\15\ As such, the four-
month period beginning on the date of the publication of the CVD 
Preliminary Determinations ended on July 29, 2024.
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    \15\ See CVD Preliminary Determinations.
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    Therefore, in accordance with section 703(d) of the Act, we 
instructed CBP to terminate the suspension of liquidation and to 
liquidate, without regard to countervailing duties, unliquidated 
entries of shrimp from Ecuador, India, and Vietnam or withdrawn from 
warehouse, for consumption, on or after July 30, 2024, the date on 
which the provisional measures expired, until and through the day 
preceding the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation and 
the collection of cash deposits will resume on the date of publication 
of the ITC's final determination in the Federal Register.

Establishment of the Annual Inquiry Service Lists

    On September 20, 2021, Commerce published the Final Rule in the 
Federal Register.\16\ On September 27, 2021, Commerce also published 
the Procedural Guidance in the Federal Register.\17\ The Final Rule and 
Procedural Guidance provide that Commerce will maintain an annual 
inquiry service list for each order or suspended investigation, and any 
interested party submitting a scope ruling application or request for 
circumvention inquiry shall serve a copy of the application or request 
on the persons on the annual inquiry service list for that order, as 
well as any companion order covering the same merchandise from the same 
country of origin.
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    \16\ See Regulations to Improve Administration and Enforcement 
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 
20, 2021) (Final Rule).
    \17\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
notice of the order. Each annual inquiry service list will be saved in 
ACCESS, under each case number, and under a specific segment type 
called ``AISL-Annual Inquiry Service List.'' \18\
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    \18\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance to the 
annual inquiry service list segment for the order in ACCESS within 30 
days after the date of publication of the order. For ease of 
administration, Commerce requests that law firms with more than one 
attorney representing interested parties in an order designate a lead 
attorney to be included on the annual inquiry service list. Commerce 
will finalize the annual inquiry service list within five business days 
thereafter. As mentioned in the Procedural Guidance,\19\ the new annual 
inquiry service list will be in place until the following year, when 
the Opportunity Notice for the anniversary month of the order is 
published.
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    \19\ See Procedural Guidance, 86 FR at 53206.
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    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Any changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

Special Instructions for Petitioner and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be

[[Page 104985]]

placed on the annual inquiry service list in the years that follow.'' 
\20\ Accordingly, as stated above, the petitioner and the Governments 
of Ecuador, India, Indonesia, and Vietnam should submit their initial 
entries of appearance after publication of this notice in order to 
appear in the first annual inquiry service lists for these orders. 
Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Governments of 
Ecuador, India, Indonesia, and Vietnam will not need to resubmit their 
entries of appearance each year to continue to be included on the 
annual inquiry service list. However, the petitioner and the 
Governments of Ecuador, India, Indonesia, and Vietnam are responsible 
for making amendments to their entries of appearance during the annual 
update to the annual inquiry service list in accordance with the 
procedures described above.
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    \20\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties

    This notice constitutes the AD order with respect to shrimp from 
Indonesia and the CVD orders with respect to shrimp from Ecuador, 
India, and Vietnam, pursuant to sections 706(a) and 736(a) of the Act. 
Interested parties can find a list of AD and CVD orders currently in 
effect at https://www.trade.gov/datavisualization/adcvd-proceedings.
    These orders are issued and published in accordance with sections 
706(a) and 736(a) of the Act and 19 CFR 351.211(b).

    Dated: December 18, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Orders

    The scope of these orders includes certain frozen warmwater 
shrimp and prawns whether wild-caught (ocean harvested) or farm-
raised (produced by aquaculture), head-on 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.

[FR Doc. 2024-30694 Filed 12-23-24; 8:45 am]
BILLING CODE 3510-DS-P
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