[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Notices]
[Pages 35643-35645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14010]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-491-497 (Final)]
Frozen Warmwater Shrimp from China, Ecuador, India, Indonesia,
Malaysia, Thailand, and Vietnam Scheduling of the Final Phase of
Countervailing Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of countervailing duty investigation Nos. 701-TA-491-497
(Final) under section 705(b) of the Tariff Act of 1930 (19 U.S.C.
1671d(b)) (the Act) to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of subsidized imports from China, Ecuador, India,
Indonesia, Malaysia, Thailand, and Vietnam of frozen warmwater shrimp,
provided for in subheadings 0306.17.00, 1605.21.10 and 1605.29.10 of
the Harmonized Tariff Schedule of the United States, that are
preliminarily found to be subsidized by the Governments of China,
India, Malaysia, Thailand, and Vietnam and that are alleged to be
subsidized by the Governments of Ecuador and Indonesia.1 2
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\1\ The Department of Commerce preliminarily determined that
imports of frozen warmwater shrimp from Ecuador and Indonesia are
not being and are not likely to be subsidized by the Government of
Ecuador or the Government of Indonesia.
\2\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as ``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.
``The frozen warmwater shrimp and prawn products included 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.'
```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 these investigations 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.''
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[[Page 35644]]
For further information concerning the conduct of the final phase
of these investigations, hearing procedures, and rules of general
application, consult the Commission's Rules of Practice and Procedure,
part 201, subparts A through E (19 CFR part 201), and part 207,
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subparts A and C (19 CFR part 207).
DATES: Effective Date: June 4, 2013.
FOR FURTHER INFORMATION CONTACT: Edward Petronzio (202-205-3176),
Office of Investigations, U.S. International Trade Commission, 500 E
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (http://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--The final phase of these investigations is being
scheduled as a result of affirmative preliminary determinations by the
Department of Commerce that certain benefits which constitute subsidies
within the meaning of section 703 of the Act (19 U.S.C. 1671b) are
being provided to manufacturers, producers, or exporters in China,
India, Malaysia, Thailand, and Vietnam of frozen warmwater shrimp.\3\
These investigations are being instituted in response to a petition
filed on December 28, 2012, by the Coalition of Gulf Shrimp Industries,
Biloxi, MS.
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\3\ The Department of Commerce preliminarily determined that
imports of frozen warmwater shrimp from Ecuador and Indonesia are
not being and are not likely to be subsidized by the Government of
Ecuador or the Government of Indonesia.
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Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to these investigations. A party granted
access to BPI in the preliminary phase of the investigations need not
reapply for such access. A separate service list will be maintained by
the Secretary for those parties authorized to receive BPI under the
APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on July 31,
2013, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on August
13, 2013, at the U.S. International Trade Commission Building. Requests
to appear at the hearing should be filed in writing with the Secretary
to the Commission on or before August 6, 2013. A nonparty who has
testimony that may aid the Commission's deliberations may request
permission to present a short statement at the hearing. All parties and
nonparties desiring to appear at the hearing and make oral
presentations should attend a prehearing conference to be held at 9:30
a.m. on August 9, 2013, at the U.S. International Trade Commission
Building. Oral testimony and written materials to be submitted at the
public hearing are governed by sections 201.6(b)(2), 201.13(f), and
207.24 of the Commission's rules. Parties must submit any request to
present a portion of their hearing testimony in camera no later than 7
business days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is August 7, 2013. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is August 20, 2013. In addition, any person who has not entered
an appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before August 20, 2013. On September 12, 2013, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before September 16, 2013, but such
final comments must not contain new factual information and must
otherwise comply with section 207.30 of the Commission's rules. All
written submissions must conform with the provisions of section 201.8
of the Commission's rules; any submissions that contain BPI must also
conform with the requirements of sections 201.6, 207.3, and 207.7 of
the Commission's rules. Please be aware that the Commission's rules
with respect to electronic filing have been amended. The amendments
took effect on November 7, 2011. See 76 Fed. Reg. 61937 (Oct. 6, 2011)
and the newly revised Commission's Handbook on E-Filing, available on
the Commission's Web site at http://edis.usitc.gov.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
[[Page 35645]]
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: June 7, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-14010 Filed 6-12-13; 8:45 am]
BILLING CODE 7020-02-P