[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Notices]
[Pages 33350-33351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13202]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-549-828]
Certain Frozen Warmwater Shrimp From Thailand: Preliminary
Countervailing Duty Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of certain frozen warmwater shrimp (frozen
shrimp) from Thailand. The period of investigation is January 1, 2011,
through December 31, 2011. Pursuant to section 705(a)(1) of the Tariff
Act of 1930, as amended (the Act), the final determination will be
issued 75 days after the date that the Department makes this
preliminary determination.
DATES: Effective Date: June 4, 2013.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Justin Neuman, AD/CVD
Operations, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-2371 and (202) 482-0486,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The products covered by this investigation are 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, regardless of size. For a
complete description of the scope of the investigation, see Appendix 1
to this notice.
Methodology
The Department is conducting this countervailing duty investigation
in accordance with section 701 of the Act. For a full description of
the methodology underlying our preliminary conclusions, see the
Preliminary Decision Memorandum.\1\ The Preliminary Decision Memorandum
is a public document and is on file electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (IA ACCESS). IA ACCESS is available to
registered users at http://iaaccess.trade.gov, and is available to all
parties in the Central Records Unit, room 7046 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
Internet at http://www.trade.gov/ia/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
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\1\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Import
Administration regarding ``Decision Memorandum for the Preliminary
Determination in the Countervailing Duty Investigation of Certain
Frozen Warmwater Shrimp from Thailand,'' dated concurrently with
this notice (Preliminary Decision Memorandum).
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In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated a countervailing duty rate for each individually
investigated producer/exporter of the subject merchandise. We have also
calculated an all-others rate. Sections 703(d) and 705(c)(5)(A) of the
Act state that for companies not investigated, we will determine an
all-others rate by weighting the individual company subsidy rate of
each of the companies investigated by each company's exports of subject
merchandise to the United States. However, the all-others rate may not
include zero and de minimis rates or any rates based solely on the
facts available. In this investigation, the only rate that is not de
minimis or based entirely on facts available is the rate calculated for
Thai Union Frozen Products Public Co., Ltd./Thai Union Seafood Co.,
Ltd. (TUF/TUS). Consequently, the rate calculated for TUF/TUS is also
assigned as the ``all others'' rate.
Preliminary Determination and Suspension of Liquidation
We preliminarily determine the countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
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Thai Union Frozen Products Public Co., Ltd./Thai Union 2.09.
Seafood Co., Ltd.......................................
Marine Gold Products Limited............................ *1.75
[[Page 33351]]
All Others.............................................. 2.09.
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* De minimis.
In accordance with sections 703(d)(1)(B) and (2) of the Act, we are
directing U.S. Customs and Border Protection to suspend liquidation of
all entries of frozen shrimp from Thailand that are entered, or
withdrawn from warehouse, for consumption on or after the date of the
publication of this notice in the Federal Register, and to require a
cash deposit for such entries of merchandise in the amounts indicated
above. We are not, however, ordering suspension of liquidation or the
collection of cash deposits, on entries by Marine Gold Products Limited
because its countervailing duty rate is de minimis.
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with this preliminary
determination within five days of announcement of its public
announcement.\2\ Interested parties may submit case and rebuttal
briefs, as well as request a hearing.\3\ For a schedule of the
deadlines for filing case briefs, rebuttal briefs, and hearing
requests, see the Preliminary Decision Memorandum.
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\2\ See 19 CFR 351.224(b).
\3\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
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This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act.
Dated: May 28, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix 1
Scope of the Investigation
The products covered by this investigation are 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,\4\ deveined or not
deveined, cooked or raw, or otherwise processed in frozen form,
regardless of size.
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\4\ ``Tails'' in this context means the tail fan, which includes
the telson and the uropods.
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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
(including dusted shrimp), 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; (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;
(4) shrimp and prawns in prepared meals; (5) dried shrimp and
prawns; (6) canned warmwater shrimp and prawns; and (7) certain
``battered shrimp'' (see below).
``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 10 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 included in the scope of this investigation are
currently classified under the following HTSUS subheadings:
0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12,
0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24,
0306.17.00.27, 0306.17.00.40, 1605.21.10.30 and 1605.29.10.10. 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 2
List of Topics Discussed in the Preliminary Decision Memorandum
1. Scope Comments
2. Scope of the Investigation
3. Injury Test
4. Subsidies Valuation
5. Analysis of Programs
6. ITC Notification
7. Disclosure and Public Comment
8. Verification
[FR Doc. 2013-13202 Filed 6-3-13; 8:45 am]
BILLING CODE 3510-DS-P