[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Notices]
[Pages 50385-50387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20167]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-854]
Certain Frozen Warmwater Shrimp from India: Final Affirmative
Countervailing Duty Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
countervailable subsidies are being provided to producers and/or
exporters of certain frozen warmwater shrimp (frozen shrimp) from
India. For information on the estimated subsidy rates, see the
``Suspension of Liquidation'' section of this notice.
DATES: Effective Date: August 19, 2013.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Shane Subler, AD/CVD
Operations, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0410 and (202) 482-0189,
respectively.
Background
The petitioner in this investigation is the Coalition of Gulf
Shrimp Industries (Petitioner).\1\ This investigation covers 42
government programs. In addition to the Government of India, the
company respondents in this investigation are Devi Fisheries Limited
(Devi Fisheries), and Devi Seafoods Ltd. (Devi Seafoods).
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\1\ The members of the Coalition of Gulf Shrimp Industries are:
Bayou Shrimp Processors, Inc.; Bluewater Shrimp Company, Inc.;
Carson & Co., Inc.; C.F. Gollott & Sons Seafood, Inc.; Dean
Blanchard Seafood, Inc.; Dominick Seafood; Fisherman's Reef Packing
Plant; Golden Gulf Coast Pkg. Co., Inc. (and Gollott's Oil Dock &
Ice House); Graham Fisheries, Inc.; Graham Shrimp, Inc.; Gulf Crown
Seafood Co., Inc.; Gulf Fish Inc.; Gulf Island Shrimp & Seafood,
LLC; Gulf Pride Enterprises, Inc.; Hi-Seas of Dulac, Inc.; Indian
Ridge Shrimp Co.; JBS Packing Co., Inc.; Lafitte Frozen Foods Corp.;
M&M Shrimp (Biloxi Freezing and Processing); Ocean Springs Seafood
Market, Inc.; Paul Piazza & Sons, Inc.; R.A. Lesso Brokerage Co.,
Inc.; Sea Pearl Seafood Co., Inc.; Smith and Sons Seafood; Tidelands
Seafood Co., Inc.; Tommy's Seafood; Vincent Piazza & Sons Seafood,
Inc.; Wood's Fisheries; Mariah Jade Shrimp Company, LLC; David
Chauvin's Seafood Company, LLC; and Rountree Enterprises, Inc. (dba
Leonard & Sons Shrimp Co. and R&R Fisheries).
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Period of Investigation
The period for which we are measuring subsidies, or period of
investigation, is April 1, 2011, through March 30, 2012.
Case History
The events that have occurred since the Department published the
Preliminary Determination on June 4, 2013,\2\ are discussed in the
Memorandum to Paul Piquado, Assistant Secretary for Import
Administration, ``Issues and Decision Memorandum for the Final
Determination in the Countervailing Duty Investigation of Certain
Frozen Warmwater Shrimp from India'' (Decision Memorandum).\3\
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\2\ See Certain Frozen Warmwater Shrimp From India: Preliminary
Countervailing Duty Determination, 78 FR 33344 (June 4, 2013)
(Preliminary Determination).
\3\ Public versions of all business proprietary documents and
all public documents are on file electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (IA ACCESS). Access to IA ACCESS is
available to registered users at http://iaaccess.trade.gov and in
the Department's Central Records Unit (CRU), room 7046 of the main
Department of Commerce building.
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Scope Comments
On March 28, 2013, Petitioner asked the Department to clarify that
the scope of this investigation does not include brine-frozen
shrimp.\4\ We have
[[Page 50386]]
addressed this request and comments thereon in the Memorandum to Paul
Piquado, Assistant Secretary for Import Administration, ``Certain
Frozen Warmwater Shrimp from Ecuador, India, Indonesia, Malaysia,
People's Republic of China, Thailand, and Socialist Republic of
Vietnam--Final Scope Memorandum Regarding Onboard Brine-Frozen
Shrimp,'' which is hereby adopted by this notice.
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\4\ See Letter from Petitioner, ``Countervailing Duty
Investigation on Certain Frozen Warmwater Shrimp from Ecuador (C-
331-803)--Request for Scope Clarification'' (March 28, 2013).
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Scope of the Investigation
This investigation covers 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. See Appendix I for a
complete description of the scope of this investigation.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by parties in this investigation are
discussed in the Decision Memorandum, which is hereby adopted by this
notice. A list of subsidy programs and the issues that parties have
raised, and to which we responded in the Decision Memorandum, is
attached to this notice as Appendix II. The Decision Memorandum is a
public document and is on file electronically via IA ACCESS. In
addition, a complete version of the Decision Memorandum can be accessed
directly on the Internet at http://www.trade.gov/ia/. The signed
Decision Memorandum and the electronic version of the Decision
Memorandum are identical in content.
Suspension of Liquidation
In accordance with section 705(c)(1)(B)(i) of the Tariff Act of
1930 (the Act), we have calculated a rate for each company respondent.
Section 705(c)(5)(A)(i) of the Act states that, for companies not
individually investigated, we will determine an ``all others'' rate
equal to the weighted average countervailable subsidy rates established
for exporters and producers individually investigated, excluding any
zero and de minimis countervailable subsidy rates, and any rates
determined entirely under section 776 of the Act.
Notwithstanding the language of section 705(c)(5)(A)(i) of the Act,
we have not calculated the ``all others'' rate by weight averaging the
rates of Devi Fisheries and Devi Seafoods, because doing so risks
disclosure of proprietary information. Therefore, we have calculated a
simple average of Devi Fisheries' and Devi Seafoods' rates. Since both
Devi Fisheries and Devi Seafoods received countervailable export
subsidies and the ``all others'' rate is an average based on the
individually investigated respondents, the ``all others'' rate includes
export subsidies.
We determine the total estimated net countervailable subsidy rates
to be:
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Company Subsidy rate
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Devi Fisheries Limited.................... 10.54 percent (ad valorem).
Devi Seafoods Ltd......................... 11.14 percent (ad valorem).
All Others................................ 10.84 percent (ad valorem).
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As a result of our Preliminary Determination, and pursuant to
section 703(d) of the Act, we instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation of all entries of subject
merchandise from India that were entered or withdrawn from warehouse,
for consumption on or after June 4, 2013, the date of publication of
the Preliminary Determination in the Federal Register.
In accordance with section 705(c)(1)(B)(ii) of the Act, we are
directing CBP to continue to suspend liquidation of all imports of the
subject merchandise from India that are entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. The suspension of liquidation
instructions will remain in effect until further notice. However, as
discussed in the Decision Memorandum, we are adjusting the cash deposit
rates to account for program-wide changes described under 19 CFR
351.526.\5\ Therefore, we are directing CBP to require a cash deposit
for entries of subject merchandise in the amounts indicated below.
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\5\ See Decision Memorandum, at 9 and 19.
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Company Cash deposit rate
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Devi Fisheries Limited.................... 6.16 percent (ad valorem).
Devi Seafoods Ltd......................... 5.54 percent (ad valorem).
All Others................................ 5.85 percent (ad valorem).
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If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
(CVD) order under section 706(a) of the Act, and we will require a cash
deposit of estimated CVDs for such entries of subject merchandise in
the amounts indicated above.
If the ITC determines that material injury, or threat of material
injury, does not exist, this proceeding will be terminated and all
estimated duties deposited or securities posted as a result of the
suspension of liquidation will be refunded or canceled. Moreover, in
accordance with section 705(c)(2) of the Act, we will instruct CBP to
release any bond or other security and refund any cash deposits that
were collected for shipments of subject merchandise entered, or
withdrawn from warehouse on or after June 4, 2013, the date that we
instructed CBP to suspend liquidation following the Preliminary
Determination. The interest provisions of section 778 of the Act do not
apply.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order (APO), without the written
consent of the Assistant Secretary for Import Administration.
Return or Destruction of Proprietary Information
In the event that the ITC issues a final negative injury
determination, 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 that is subject to sanction.
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act.
Dated: August 12, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
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
[[Page 50387]]
aquaculture), head-on or head-off, shell-on or peeled, tail-on or
tail-off,\6\ deveined or not deveined, cooked or raw, or otherwise
processed in frozen form, regardless of size.
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\6\ ``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 II
List of Comments and Issues in the Decision Memorandum
Comment 1 Whether the Department Should Investigate Petitioner's
Timely Filed New Subsidy Allegation
Comment 2 Whether the Department Should Apply Adverse Facts
Available to the DEPS Program
Comment 3 Whether the Department Should Include the Benefits
Found for the DEPS Program in the Final Cash Deposit Rates
Comment 4 Whether the Department Used the Incorrect Rate for
Exports of Prepared Shrimp in Its Calculation of the Benefit
Received by Devi Seafoods from the Duty Drawback Program
Comment 5 Whether the Department Should Correct the Calculation
of the Benefit Received by Devi Seafoods under the Chapter 1B
Program
Comment 6 Whether the Department used an Incorrect Benchmark in
the Calculation of Pre-Shipment Benefit on Export Financing
Denominated in INR
Comment 7 Whether the Department Erred in the Calculation of the
Post-Shipment INR Benefits by using the Incorrect Number of Days for
Several Post-Shipment INR Loans
Comment 8 The Determination Not to Investigate VAT Exemptions
Comment 9 Whether the Department Improperly Omitted Sales by
Satya from the Denominator when Calculating the Benefit Received
[FR Doc. 2013-20167 Filed 8-16-13; 8:45 am]
BILLING CODE 3510-DS-P