[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Notices]
[Pages 33345-33346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13229]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-557-814]


Certain Frozen Warmwater Shrimp From Malaysia: 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 Malaysia. The period of investigation (POI) 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: Kristen Johnson and Christopher 
Hargett, 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-
4793 and (202) 482-4161, 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 CVD investigation in accordance 
with section 701 of the Tariff Act of 1930, as amended (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 Malaysia,'' dated concurrently with 
this notice (Preliminary Decision Memorandum).
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    For this preliminary determination, we have relied on facts 
available for Kian Huat Aquaculture Sdn. Bhd. (Kian Huat), the 
mandatory respondent, because the company did not act to the best of 
its ability and respond to the Department's requests for information. 
Further, we have drawn an adverse inference in selecting from among the 
facts otherwise available to calculate the ad valorem rate for Kian 
Huat.\2\ For further information, see ``Use of Facts Otherwise 
Available and Adverse Inferences'' in the Preliminary Decision 
Memorandum.
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    \2\ See sections 776(a) and (b) of the Act.
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    The Department's analysis of program usage by Asia Aquaculture (M) 
Sdn. Bhd. (Asia Aquaculture), a voluntary respondent, is also contained 
in the Preliminary Decision Memorandum.
    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. For 
companies not individually investigated, we have calculated an all 
others rate as described in the Preliminary Decision Memorandum.

Preliminary Determination and Suspension of Liquidation

    We preliminarily determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Asia Aquaculture (M) Sdn. Bhd. (Asia Aquaculture)...........       10.80
Kian Huat Aquaculture Sdn. Bhd. (Kian Huat).................       62.74
All Others..................................................       62.74
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[[Page 33346]]

    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 Malaysia 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 the merchandise in the amounts 
indicated above.

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 public announcement of this 
determination.\3\ Interested parties may submit case and rebuttals 
briefs.\4\ For a schedule of the deadlines for filing case briefs, 
rebuttal briefs, and hearing request, see the Preliminary Determination 
Memorandum.
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    \3\ See 19 CFR 351.224(b).
    \4\ See 19 CFR 351.309.
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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,\5\ deveined or not 
deveined, cooked or raw, or otherwise processed in frozen form, 
regardless of size.
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    \5\ ``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. Use of Facts Otherwise Available and Adverse Inferences
6. Analysis of Programs
7. Calculation of the All Others Rate
8. Disclosure and Public Comment
9. Verification

[FR Doc. 2013-13229 Filed 6-3-13; 8:45 am]
BILLING CODE 3510-DS-P