[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Notices]
[Pages 81053-81058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25735]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-331-806; C-533-921; C-560-843; C-552-838]


Frozen Warmwater Shrimp From Ecuador, India, Indonesia, and the 
Socialist Republic of Vietnam: Initiation of Countervailing Duty 
Investigations

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


DATES: Applicable November 14, 2023.

FOR FURTHER INFORMATION CONTACT: Zachary Shaykin (Ecuador), Steven 
Seifert (India), Kelsie Hohenberger (Indonesia), and Adam Simons 
(Vietnam), AD/CVD Operations, Offices II, IV, V, and IX, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-2630, (202) 482-3350, (202) 482-2517, or (202) 482-6172, 
respectively.

SUPPLEMENTARY INFORMATION:

The Petitions

    On October 25, 2023, the U.S. Department of Commerce (Commerce) 
received countervailing duty (CVD) petitions concerning imports of 
frozen warmwater shrimp (shrimp) from Ecuador, India, Indonesia, and 
the Socialist Republic of Vietnam (Vietnam) filed in proper form on 
behalf of the American Shrimp Processors Association (ASPA or the 
petitioner).\1\ The CVD petitions were accompanied by antidumping duty 
(AD) petitions concerning imports of shrimp from Ecuador and 
Indonesia.\2\
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    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Frozen Warmwater Shrimp 
from Ecuador, India, Indonesia, and the Socialist Republic of 
Vietnam,'' dated October 25, 2023 (Petitions).
    \2\ Id.
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    On October 27, 2023, through November 9, 2023, Commerce requested 
supplemental information pertaining to certain aspects of the 
Petitions.\3\ On October 26, 2023, the petitioner filed an amendment to 
the proposed scope.\4\ On October 31, through November 13, 2023, the 
petitioner filed timely responses to these requests for additional 
information.\5\
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    \3\ See Commerce's Letters, ``Petition for the Imposition of 
Countervailing Duties on Imports of Frozen Warmwater Shrimp from 
Ecuador: Supplemental Questions,'' dated October 27, 2023; 
``Petition for the Imposition of Countervailing Duties on Imports of 
Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: 
Supplemental Questions, dated October 27, 2023; ``Petition for the 
Imposition of Countervailing Duties on Imports of Frozen Warmwater 
Shrimp from Indonesia: Supplemental Questions,'' dated October 27, 
2023; ``Petition for the Imposition of Countervailing Duties on 
Imports of Frozen Warmwater Shrimp from India: Supplemental 
Questions,'' dated October 27, 2023; ``Petitions for the Imposition 
of Antidumping and Countervailing Duties on Imports of Frozen 
Warmwater Shrimp from Ecuador, India, Indonesia, and the Socialist 
Republic of Vietnam: Supplemental Questions,'' dated October 30, 
2023 (General Issues Supplemental Questionnaire); ``Petition for the 
Imposition of Countervailing Duties on Imports of Frozen Warmwater 
Shrimp from the Socialist Republic of Vietnam: Additional 
Supplemental Questions,'' dated October 31, 2023; ``Petition for the 
Imposition of Countervailing Duties on Imports of Frozen Warmwater 
Shrimp from the Socialist Republic of Vietnam: Additional 
Supplemental Questions,'' dated November 8, 2023; Memorandum, 
``Phone Call with Counsel to the Petitioner,'' dated November 6, 
2023 (November 6 Memorandum); and Memorandum, ``Phone Call with 
Counsel to the Petitioner,'' dated November 9, 2023.
    \4\ See Petitioner's Letter, ``Amendment to Petitions for the 
Imposition of Antidumping and Countervailing Duties on Frozen 
Warmwater Shrimp from Ecuador, India, Indonesia, and Vietnam,'' 
dated October 26, 2023 (Scope Amendment).
    \5\ See Petitioner's Letters, ``Countervailing Duty 
Investigation of Frozen Warmwater Shrimp from the Socialist Republic 
of Vietnam; Amendment to the Petition for the Imposition of 
Countervailing Duties on Frozen Warmwater Shrimp from Vietnam,'' 
dated October 31, 2023; ``Petition for the Imposition of 
Countervailing Duties on Frozen Warmwater Shrimp from Indonesia: 
Petition Supplemental Questions Response,'' dated October 31, 2023; 
``Petition for the Imposition of Countervailing Duties on Warmwater 
Shrimp from India: Petition Supplemental Questions Response,'' dated 
October 31, 2023; ``Petition for the Imposition of Antidumping and 
Countervailing Duties on Imports of Frozen Warmwater Shrimp from 
Ecuador, India, Indonesia, and Vietnam: Petition Supplemental 
Questions Response,'' dated November 1, 2023 (First General Issues 
Supplement); ``Petition for the Imposition of Countervailing Duties 
on Frozen Warmwater Shrimp from Ecuador: Petition Supplemental 
Questions Response,'' dated November 1, 2023; ``Countervailing Duty 
Investigation of Frozen Warmwater Shrimp from the Socialist Republic 
of Vietnam: Second Amendment to the Petition for the Imposition of 
Countervailing Duties on Frozen Warmwater Shrimp from Vietnam,'' 
dated November 2, 2023; ``Petition for the Imposition of Antidumping 
and Countervailing Duties on Imports of Frozen Warmwater Shrimp from 
Ecuador, India, Indonesia, and Vietnam: Second Supplemental 
Questions Response,'' dated November 8, 2023 (Second General Issues 
Supplement); ``Countervailing Duty Investigation of Frozen Warmwater 
Shrimp from the Socialist Republic of Vietnam: Third Amendment to 
the Petition for the Imposition of Countervailing Duties on Frozen 
Warmwater Shrimp from Vietnam,'' dated November 9, 2023; and 
``Petition for the Imposition of Antidumping and Countervailing 
Duties on Imports of Frozen Warmwater Shrimp from Ecuador, India, 
Indonesia, and Vietnam: Petition 3rd Supplemental Question 
Response,'' dated November 13, 2023 (Third General Issues 
Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of 
Ecuador (GOE), Government of India (GOI), the

[[Page 81054]]

Government of Indonesia (GIND), and the Government of Vietnam (GOV) 
(collectively, Governments) are providing countervailable subsidies, 
within the meaning of sections 701 and 771(5) of the Act, to producers 
of shrimp from Ecuador, India, Indonesia, and Vietnam, and that such 
imports are materially injuring, or threatening material injury to, the 
domestic industry producing shrimp in the United States. Consistent 
with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those 
alleged programs on which we are initiating CVD investigations, the 
Petitions were accompanied by information reasonably available to the 
petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(E) of the Act.\6\ Commerce also finds that 
the petitioner demonstrated sufficient industry support with respect to 
the initiation of the requested CVD investigations.\7\
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    \6\ See Petitions at Volume I (page 2).
    \7\ See ``Determination of Industry Support for the Petitions'' 
section, infra.
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Periods of Investigation

    Because the Petitions were filed on October 25, 2023, the periods 
of investigation (POI) for Ecuador, India, Indonesia, and Vietnam are 
January 1, 2022, through December 31, 2022.\8\
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    \8\ See 19 CFR 351.204(b)(2).
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Scope of the Investigations

    The merchandise covered by these investigations is shrimp from 
Ecuador, India, Indonesia, and Vietnam. For a full description of the 
scope of these investigations, see the Appendix to this notice.

Comments on the Scope of the Investigations

    On October 30, 2023, Commerce requested information and 
clarification from the petitioner regarding the proposed scope to 
ensure that the scope language in the Petitions is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\9\ On October 26, 2023, and November 1, 2023, the petitioner 
revised the scope.\10\ The description of merchandise covered by these 
investigations, as described in the appendix to this notice, reflects 
these revisions.
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    \9\ See General Issues Supplemental Questionnaire.
    \10\ See Scope Amendment at Exhibit 1; see also First General 
Issues Supplement at 3 and Exhibit 1.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\11\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information, all such 
factual information should be limited to public information.\12\ To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such comments by 5:00 p.m. Eastern Time 
(ET) on December 4, 2023, which is 20 calendar days from the signature 
date of this notice.\13\ Any rebuttal comments, which may include 
factual information, must be filed by 5:00 p.m. ET on December 14, 
2023, which is 10 calendar days from the initial comment deadline.
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    \11\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \12\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \13\ See 19 CFR 351.303(b)(1).
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    Commerce requests that any factual information that the parties 
consider relevant to the scope of the investigations be submitted 
during this time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party may contact Commerce and 
request permission to submit the additional information. All scope 
comments must also be filed simultaneously on the records of the 
concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\14\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \14\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014), for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the Governments of the receipt of the Petitions and provided 
an opportunity for consultations with respect to the Petitions.\15\ 
Commerce held consultations with the GOI on November 13, 2023, the GIND 
on November 9, 2023, and the GOV on November 8, 2023.\16\ The GOE did 
not request consultations.
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    \15\ See Commerce's Letters, ``Countervailing Duty Petition on 
Frozen Warmwater Shrimp from India: Invitation for Consultations to 
discuss the Countervailing Duty Petition,'' dated October 26, 2023; 
``Countervailing Duty Petition on Frozen Warmwater Shrimp from 
Ecuador: Invitation for Consultations to discuss the Countervailing 
Duty Petition,'' dated October 27, 2023; ``Countervailing Duty 
Petition on Frozen Warmwater Shrimp from Indonesia: Invitation for 
Consultations to discuss the Countervailing Duty Petition,'' dated 
October 27, 2023; and ``Countervailing Duty Petition on Frozen 
Warmwater Shrimp from the Socialist Republic of Vietnam: Invitation 
for Consultations to discuss the Countervailing Duty Petition,'' 
dated October 27, 2023.
    \16\ See Memoranda, ``Countervailing Duty Petition Regarding 
Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: 
Consultations with the Government of Vietnam,'' dated November 8, 
2023; ``Consultations with the Government of Indonesia on the 
Countervailing Duty Petition Regarding Frozen Warmwater Shrimp from 
Indonesia,'' dated November 9, 2023; and ``Consultations with 
Officials from the Government of India,'' dated November 13, 2023.
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Determination of Industry Support for the Petitions

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. In investigations 
involving processed agricultural products, the statute allows Commerce 
to also include growers or producers of the raw agricultural product 
within the definition of the domestic industry.\17\ Thus, to determine

[[Page 81055]]

whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC apply the same statutory definition regarding the domestic like 
product,\18\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\19\
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    \17\ See section 771(4)(E) of the Act. For a full discussion of 
this provision of the Act and Commerce's analysis, see 
Countervailing Duty Investigation Initiation Checklists: Frozen 
Warmwater Shrimp from Ecuador, India, Indonesia, and the Socialist 
Republic of Vietnam (Country-Specific CVD Initiation Checklists), at 
Attachment II, Analysis of Industry Support for the Antidumping and 
Countervailing Duty Petitions Covering Frozen Warmwater Shrimp from 
Ecuador, India, Indonesia, and the Socialist Republic of Vietnam 
(Attachment II). These checklists are dated concurrently with this 
notice and are on file electronically via ACCESS.
    \18\ See section 771(10) of the Act.
    \19\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\20\ Based on our analysis of the information 
submitted on the record, we have determined that shrimp, as described 
in the domestic like product definition set forth in the Petitions, 
constitutes a single domestic like product, and we have analyzed 
industry support in terms of that domestic like product.\21\
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    \20\ See Petitions at Volume I (pages 2-5 and Exhibits 1-2 
through I-4 (containing Certain Frozen or Canned Warmwater Shrimp 
and Prawns from Brazil, China, Ecuador, India, Thailand, and 
Vietnam, Inv. No. 731-TA-1063-1068 (Preliminary), USITC Pub. 3672 
(February 2004) at 13-14; Certain Frozen or Canned Warmwater Shrimp 
and Prawns from Brazil, China, Ecuador, India, Thailand, and 
Vietnam, Inv. No. 731-TA-1063-1068, USITC Pub. 3478 (January 2005) 
at 6; Frozen Warmwater Shrimp From China, Ecuador, India, Indonesia, 
Malaysia, Thailand, and Vietnam, Inv. Nos. 701-TA-491-497 
(Preliminary), USITC Pub. 4830 (February 2013) at 8-10; Frozen 
Warmwater Shrimp from China, Ecuador, India, Malaysia, and Vietnam, 
Inv. Nos. 701-TA-491-493, 495, and 497 (Final), USITC Pub. 4429 
(October 2013) at 9; and Frozen Warmwater Shrimp from China, India, 
Thailand, and Vietnam, Inv. No. 731-TA-1064 and 1066-1068, USITC 
Pub. 5432 (June 2023) (Shrimp 2023 Sunset) at 14-15, I-43, I-44, 
III-19, and III-30).
    \21\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Country-Specific CVD Initiation Checklists at Attachment II.
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    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice.
    To establish industry support for fresh shrimp and frozen shrimp, 
the petitioner provided the 2022 production of ASPA members, as well as 
the 2022 production of frozen shrimp for three additional processors 
that support the Petitions.\22\ In addition, the petitioner provided 
letters of support from over 800 shrimp fishermen, expressing support 
for the Petitions and establishing each vessel's 2022 production 
(harvested quantity) of fresh shrimp.\23\ On October 27, 2023, and 
November 6, 9, and 14, 2023, we received submissions from the Ad Hoc 
Shrimp Trade Action Committee (AHSTAC) providing letters of support 
from six additional processors and 49 additional shrimp fishermen.\24\
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    \22\ See Petitions at Volume I (page 7-8 and Exhibits I-9 and I-
10); see also First General Issues Supplement at Exhibits 4 and 10-
13; and Second General Issues Supplement at 2-4 and Exhibits 1 and 
4.
    \23\ See Petitions at Volume I (pages 7-8 and Exhibit I-11); see 
also First General Issues Supplement at 7-8 and Exhibits 10-12; and 
Second General Issues Supplement at 3-4 and Exhibits 1 and 4.
    \24\ See AHSTAC's Letters, ``Additional Support for the 
Petitions,'' dated October 27, 2023; ``Additional Support for the 
Petitions,'' dated November 6, 2023; ``Further Additional Support 
for the Petitions,'' dated November 6, 2023; ``Additional Support 
for Petitions,'' dated November 9, 2023; and ``Additional Support 
for Petitions,'' dated November 14, 2023 (collectively, AHSTAC 
Letters).
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    To establish total production of fresh shrimp, the petitioner 
relied on 2022 U.S. commercial landings data for fresh shrimp reported 
for the Gulf and South Atlantic regions in 2022 reported by the 
National Oceanic and Atmospheric Administration's (NOAA's) National 
Marine Fisheries Service (NFMS) Fisheries One Stop Shop (FOSS) database 
and added an estimate for farmed shrimp based on information from the 
ITC's publication for Shrimp 2023 Sunset to arrive at total U.S. 
production of fresh shrimp.\25\ Because data on the production of 
frozen shrimp were not available from NOAA, to establish total 
production of frozen shrimp, the petitioner relied on the same NOAA 
NFMS FOSS data on U.S. commercial landings in the Gulf and South 
Atlantic regions, as well as the same farmed shrimp estimate from the 
ITC's 2023 sunset review, and added total 2022 U.S. imports of fresh 
shrimp, as reported in official import statistics, to account for 
imported fresh shrimp that is further processed into frozen shrimp in 
the United States.\26\ To establish total production of fresh shrimp 
and frozen shrimp by the U.S. shrimp industry, the petitioner combined 
the total 2022 U.S. production of fresh shrimp with the total 2022 U.S. 
production of processed shrimp.\27\ To establish industry support, the 
petitioner provided three separate calculations comparing the 
supporters' production of frozen shrimp, fresh shrimp, and combined 
frozen and fresh shrimp to the respective totals for the entire U.S. 
industry.\28\ We relied on data provided by the petitioner and AHSTAC 
for purposes of measuring industry support.\29\
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    \25\ See Petitions at Volume I (page 6 and Exhibit I-4 
(containing Shrimp 2023 Sunset at IV-31 and IV-32) and I-8); see 
also First General Issues Supplement at 5-6 and Exhibits 5 and 9; 
and Second General Issues Supplement at Exhibit 1.
    \26\ See Petitions at Volume I (pages 6-8 and Exhibits I-4, I-7, 
and I-8); see also First General Issues Supplement at Exhibits 5-8; 
and Second General Issues Supplement at 2 and Exhibits 1-3.
    \27\ See Petitions at Volume I (page 8); see also First General 
Issues Supplement at Exhibit 8; and Second General Issues Supplement 
at 2 and Exhibit 1.
    \28\ See Petitions at Volume I (page 8); see also First General 
Issues Supplement at Exhibit 8; and Second General Issues Supplement 
at 2-4 and Exhibit 1.
    \29\ See Petitions at Volume I (pages 6-8 and Exhibits I-4 
(containing Shrimp 2023 Sunset at IV-31 and IV-32) and I-5 through 
I-11); see also First General Issues Supplement at 3-9 and Exhibits 
2-13; Second General Issues Supplement at 2-4 and Exhibits 1-4; and 
AHSTAC Letters. For further discussion, see Attachment II of the 
Country-Specific CVD Initiation Checklists.
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    Our review of the data provided in the Petitions, the First General 
Issues Supplement, the Second General Issues Supplement, the AHSTAC 
Letters, the Third General Issues Supplement, and other information 
readily available to Commerce indicates that the petitioner has 
established industry support for the Petitions.\30\ First, the 
Petitions established support from domestic producers (or workers) 
accounting for more than 50 percent of the total production of the 
domestic like product and, as such, Commerce is not required to take 
further action in order to

[[Page 81056]]

evaluate industry support (e.g., polling).\31\ Second, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 702(c)(4)(A)(i) of the Act because the domestic 
producers (or workers) who support the Petitions account for at least 
25 percent of the total production of the domestic like product.\32\ 
Finally, the domestic producers (or workers) have met the statutory 
criteria for industry support under section 702(c)(4)(A)(ii) of the Act 
because the domestic producers (or workers) who support the Petitions 
account for more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the Petitions.\33\ Accordingly, Commerce 
determines that the Petitions were filed on behalf of the domestic 
industry within the meaning of section 702(b)(1) of the Act.\34\
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    \30\ See Attachment II of the Country-Specific CVD Initiation 
Checklists.
    \31\ Id.; see also section 702(c)(4)(D) of the Act.
    \32\ See Attachment II of the Country-Specific CVD Initiation 
Checklists.
    \33\ Id.
    \34\ Id.
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Injury Test

    Because Ecuador, India, Indonesia, and Vietnam are ``Subsidies 
Agreement Countries'' within the meaning of section 701(b) of the Act, 
section 701(a)(2) of the Act applies to these investigations. 
Accordingly, the ITC must determine whether imports of the subject 
merchandise from Ecuador, India, Indonesia, and/or Vietnam materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports from India, Indonesia, and Vietnam exceed 
the negligibility threshold provided for under section 771(24)(A) of 
the Act.\35\ In CVD petitions, section 771(24)(B) of the Act provides 
that imports of subject merchandise from developing and least-developed 
countries must exceed the negligibility threshold of four percent. The 
petitioner also demonstrates that subject imports from Ecuador, which 
has been designated as a developing country under section 771(36)(A) of 
the Act,\36\ exceed the negligibility threshold of four percent.\37\
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    \35\ See Petitions at Volume I (page 15 and Exhibit I-14).
    \36\ See Designations of Developing and Least-Developed 
Countries under the Countervailing Duty Law, 85 FR 7613, 7615 
(February 10, 2020).
    \37\ See Petitions at Volume I (page 15 and Exhibit I-14).
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    The petitioner contends that the industry's injured condition is 
illustrated by the significant volume of subject imports; declining 
market share; underselling and price depression and/or suppression; 
lost sales and revenues; inventory overhang; and negative impact on the 
production, shipments, and financial performance.\38\ We assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, causation, as well as negligibility, and we have 
determined that these allegations are properly supported by adequate 
evidence and meet the statutory requirements for initiation.\39\
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    \38\ Id. at Volume I (pages 14-30 and Exhibits I-4, I-8, I-9, I-
14, I-17, and I-18); see also Second General Issues Supplement at 5 
and Exhibit 5.
    \39\ See Country-Specific CVD Initiation Checklists at 
Attachment III, Analysis of Allegations and Evidence of Material 
Injury and Causation for the Antidumping and Countervailing Duty 
Petitions Covering Frozen Warmwater Shrimp from Ecuador, India, 
Indonesia, and the Socialist Republic of Vietnam.
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Initiation of CVD Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating CVD investigations to determine 
whether imports of shrimp from Ecuador, India, Indonesia, and Vietnam 
benefit from countervailable subsidies conferred by the GOE, GOI, GIND, 
and GOV. In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 65 days after the date of these 
initiations.

Ecuador

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on 15 of the 22 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the Ecuador CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

India

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on all 19 of the 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the India CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

Indonesia

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on 15 of the 16 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the Indonesia CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

Vietnam

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on all 40 of the 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the Vietnam CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

Respondent Selection

    The petitioner identified 227 companies in Ecuador, 675 companies 
in India, 276 companies in Indonesia, and 1046 companies in Vietnam as 
producers and/or exporters of shrimp.\40\ Commerce intends to follow 
its standard practice in CVD investigations and calculate company-
specific subsidy rates in these investigations. In the event that 
Commerce determines that the number of companies is large and it cannot 
individually examine each company based upon Commerce's resources, 
where appropriate, Commerce intends to select mandatory respondents 
based on U.S. Customs and Border Protection (CBP) data for U.S. imports 
of shrimp from Ecuador, India, Indonesia, and Vietnam during the POI 
under the appropriate Harmonized Tariff Schedule of the United States 
subheadings listed in the ``Scope of the Investigations'' in the 
Appendix.
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    \40\ See Petitions at Volume I at 12 (Exhibit I-16).
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    On November 13, 2023, Commerce released CBP data on U.S. imports of 
shrimp from Ecuador, India, Indonesia, and Vietnam, under 
administrative protective order (APO) to all parties with access to 
information protected by APO and indicated that interested parties 
wishing to comment on the CBP data and/or respondent selection must do 
so within three business days after

[[Page 81057]]

the publication date of the notice of initiation of these 
investigations.\41\ Commerce will not accept rebuttal comments 
regarding the CBP data or respondent selection.
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    \41\ See Memoranda, ``Frozen Warmwater Shrimp from Ecuador 
Countervailing Duty Petition: Release of U.S. Customs and Border 
Protection Entry Data,'' dated November 13, 2023; ``Frozen Warmwater 
Shrimp from India Countervailing Duty Petition: Release of U.S. 
Customs and Border Protection Entry Data,'' dated November 13, 2023; 
``Frozen Warmwater Shrimp from Indonesia Countervailing Duty 
Petition: Release of U.S. Customs and Border Protection Entry 
Data,'' dated November 13, 2023; and ``Frozen Warmwater Shrimp from 
the Socialist Republic of Vietnam Countervailing Duty Petition: 
Release of U.S. Customs and Border Protection Entry Data,'' dated 
November 13, 2023.
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Distribution of Copies of the Petitions

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petitions has been 
provided to the GOE, GOI, GIND, and GOV via ACCESS. To the extent 
practicable, we will attempt to provide a copy of the public version of 
the Petitions to each exporter named in the Petitions, as provided 
under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions was filed, whether there is a reasonable 
indication that imports of shrimp from Ecuador, India, Indonesia, and/
or Vietnam are materially injuring, or threatening material injury to, 
a U.S. industry.\42\ A negative ITC determination for any country will 
result in the investigation being terminated with respect to that 
country.\43\ Otherwise, these CVD investigations will proceed according 
to statutory and regulatory time limits.
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    \42\ See section 703(a)(1) of the Act.
    \43\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \44\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\45\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in these investigations.
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    \44\ See 19 CFR 351.301(b).
    \45\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301, or as otherwise specified by 
Commerce.\46\ For submissions that are due from multiple parties 
simultaneously, an extension request will be considered untimely if it 
is filed after 10:00 a.m. ET on the due date. Under certain 
circumstances, we may elect to specify a different time limit by which 
extension requests will be considered untimely for submissions which 
are due from multiple parties simultaneously. In such a case, Commerce 
will inform parties in a letter or memorandum of the deadline 
(including a specified time) by which extension requests must be filed 
to be considered timely. An extension request must be made in a 
separate, standalone submission; under limited circumstances we will 
grant untimely filed requests for the extension of time limits. Parties 
should review Commerce's regulations concerning the extension of time 
limits and the Time Limits Final Rule prior to submitting factual 
information in these investigations.\47\
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    \46\ See 19 CFR 351.302.
    \47\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final 
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\48\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\49\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \48\ See section 782(b) of the Act.
    \49\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305. 
Parties wishing to participate in these investigations should ensure 
that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing 
the required letters of appearance). Note that Commerce has modified 
its regulations to make permanent certain changes to its service 
procedures that were adopted on a temporary basis due to COVID-19, as 
well as to make additional clarifications and corrections to its AD/CVD 
regulations.\50\
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    \50\ Effective October 30, 2023, these changes apply to all AD/
CVD proceedings that are ongoing on the effective date and all AD/
CVD proceedings initiated on or after the effective date. See 
Administrative Protective Order, Service, and Other Procedures in 
Antidumping and Countervailing Duty Proceedings, 88 FR 67069 
(September 29, 2023).
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    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act, and 19 CFR 351.203(c).

    Dated: November 14, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigations

    The scope of these investigations includes 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. ``Tails'' in this 
context means the tail fan, which includes the telson and the 
uropods.
    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

[[Page 81058]]

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, 
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 
(HTSUS subheading 1605.21.1020); (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 (HTSUS subheadings 0306.36.0020 
and 0306.36.0040); (4) shrimp and prawns in prepared meals (HTSUS 
subheadings 1605.21.0500 and 1605.29.0500); (5) dried shrimp and 
prawns; (6) canned warmwater shrimp and prawns (HTSUS subheading 
1605.29.1040); 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 ten 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 covered by the scope are currently classified under 
the following HTSUS subheadings: 0306.17.0004, 0306.17.0005, 
0306.17.0007, 0306.17.0008, 0306.17.0010, 0306.17.0011, 
0306.17.0013, 0306.17.0014, 0306.17.0016, 0306.17.0017, 
0306.17.0019, 0306.17.0020, 0306.17.0022, 0306.17.0023, 
0306.17.0025, 0306.17.0026, 0306.17.0028, 0306.17.0029, 
0306.17.0041, 0306.17.0042, 1605.21.1030, and 1605.29.1010. 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.

[FR Doc. 2023-25735 Filed 11-20-23; 8:45 am]
BILLING CODE 3510-DS-P