[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Notices]
[Pages 33347-33349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13235]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-331-803]
Certain Frozen Warmwater Shrimp From Ecuador: Preliminary
Negative Countervailing Duty Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') preliminarily
determines that countervailable
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subsidies are not being provided to producers and exporters of certain
frozen warmwater shrimp from Ecuador. 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: Joshua Morris or Austin Redington, 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-
1779 and (202) 482-1664, 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 (``CVD'')
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, which is hereby adopted by
this notice.\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 Gary Taverman, Senior Advisor 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 Ecuador,'' dated concurrently with this notice
(``Preliminary Decision Memorandum'').
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We calculated de minimis CVD rates for each individually
investigated producer/exporter of the subject merchandise. Consistent
with section 703(b)(4)(A) of the Act, we have disregarded these rates
and preliminarily determine that no countervailable subsides are being
provided to the production or exportation of the subject merchandise in
Ecuador. For companies not individually investigated, we have
calculated an average rate as described in the Preliminary Decision
Memorandum. The ``all others'' rate is also de minimis. Consequently,
consistent with section 703(b)(4)(A) of the Act, we similarly have
disregarded this rate.
Preliminary Determination and Suspension of Liquidation
We preliminarily determine the countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
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Promarisco S.A.......................................... * 0.39
Sociedad Nacional de Galapagos C.A...................... * 0.70
All Others.............................................. * 0.56
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De minimis.
Because we have preliminarily determined that the CVD rates in this
investigation are de minimis, we will not direct U.S. Customs and
Border Protection to suspend liquidation of entries of subject
merchandise.
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 4 and
10 percent of the product's total weight after being dusted, but
prior to
[[Page 33349]]
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. Disclosure and Public Comment
7. Verification
[FR Doc. 2013-13235 Filed 6-3-13; 8:45 am]
BILLING CODE 3510-DS-P