[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Notices]
[Pages 81043-81048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25736]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-331-805, A-560-842]


Frozen Warmwater Shrimp From Ecuador and Indonesia: Initiation of 
Less-Than-Fair-Value Investigations

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


DATES: Applicable November 14, 2023.

FOR FURTHER INFORMATION CONTACT: Kyle Clahane (Ecuador) and Nicolas 
Mayora (Indonesia), AD/CVD Operations, Offices III and V, respectively, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-5449 and (202) 482-3053, respectively.

SUPPLEMENTARY INFORMATION:

The Petitions

    On October 25, 2023, the U.S. Department of Commerce (Commerce) 
received antidumping duty (AD) petitions concerning imports of frozen 
warmwater shrimp (shrimp) filed in proper form on behalf of the 
American Shrimp Processors Association (ASPA or the petitioner).\1\ 
These AD petitions were accompanied by countervailing duty (CVD) 
petitions concerning imports of shrimp from Ecuador, India, Indonesia, 
and the Socialist Republic of Vietnam.\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 Vietnam,'' dated October 25, 
2023 (the Petitions).
    \2\ Id.
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    On October 27 and 30, 2023, and November 6 and 9, 2023, Commerce 
requested supplemental information pertaining to certain aspects of the 
Petitions in separate supplemental questionnaires.\3\ The petitioner 
filed an amendment to the proposed scope on October 26, 2023, and 
responses to the supplemental questionnaires on October 31, 2023, and 
November 1, 8, and 13, 2023.\4\
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    \3\ See Commerce's Letters, ``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 Questionnaire); and Country-Specific Supplemental 
Questionnaires: Ecuador Supplemental and Indonesia Supplemental, 
dated October 27, 2023; see also Memoranda, ``Phone Call with 
Counsel to the Petitioner,'' dated November 6, 2023; and ``Phone 
Call with Counsel to the Petitioner,'' dated November 9, 2023.
    \4\ See Petitioner's Letters, ``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); ``Petition Supplemental 
Questions Response,'' dated November 1, 2023 (First General Issues 
Supplement); ``Second Supplemental Questions Response,'' dated 
November 8, 2023 (Second General Issues Supplement); ``Petition 3rd 
Supplemental Question Response,'' dated November 13, 2023 (Third 
General Issues Supplement); Country-Specific First Supplemental 
Responses, dated October 31, 2023; and Country-Specific Second 
Supplemental Responses, dated November 8, 2023.
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of shrimp from 
Ecuador and Indonesia are being, or are likely to be, sold in the 
United States at less than fair value (LTFV) within the meaning of 
section 731 of the Act, and that imports of such products are 
materially injuring, or threatening material injury to, the shrimp 
industry in the United States. Consistent with section 732(b)(1) of the 
Act, the Petitions are 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.\5\ Commerce also finds that 
the petitioner demonstrated sufficient industry support for the 
initiation of the requested LTFV investigations.\6\
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    \5\ See Petitions at Volume I (page 2).
    \6\ See, infra, section on ``Determination of Industry Support 
for the Petitions.''
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Periods of Investigation

    Because the Petitions were filed on October 25, 2023, pursuant to 
19 CFR 351.204(b)(1), the period of investigation (POI) for the Ecuador 
and Indonesia LTFV investigations is October 1, 2022, through September 
30, 2023.

Scope of the Investigations

    The product covered by these investigations is shrimp from Ecuador 
and Indonesia. 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.\7\ On October 26 and November 1, 2023, the petitioner provided 
clarifications and revised the scope.\8\ The description of merchandise 
covered by these investigations, as described in the appendix to this 
notice, reflects these clarifications.
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    \7\ See General Issues Questionnaire.
    \8\ 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 parties to raise issues regarding product 
coverage (i.e., scope).\9\ Commerce will consider all scope comments 
received and, if necessary, will consult with interested parties prior 
to the issuance of the preliminary determinations. If scope comments 
include factual information,\10\ all such factual information should be 
limited to public information. To facilitate preparation of its 
questionnaires, Commerce requests that scope comments be submitted by 
5:00 p.m. Eastern Time (ET) on December 4, 2023, which is 20 calendar 
days from the signature date of this notice. Any rebuttal comments, 
which may include factual information, must be filed by

[[Page 81044]]

5:00 p.m. ET on December 14, 2023, which is 10 calendar days from the 
initial comment deadline.
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    \9\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR 
351.312.
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
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    Commerce requests that any factual information that parties 
consider relevant to the scope of these investigations be submitted 
during that period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All such 
submissions must be filed on the records of each of the concurrent LTFV 
and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\11\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \11\ 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 help 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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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of shrimp to be reported in 
response to Commerce's AD questionnaires. This information will be used 
to identify the key physical characteristics of the subject merchandise 
in order to report the relevant costs of production (COP) accurately, 
as well as to develop appropriate product comparison criteria.
    Subsequent to the publication of this notice, Commerce intends to 
release a proposed list of physical characteristics and product-
comparison criteria, and interested parties may provide any information 
or comments that they feel are relevant to the development of an 
accurate list of physical characteristics. Specifically, they may 
provide comments as to which characteristics are appropriate to use as: 
(1) general product characteristics; and (2) product comparison 
criteria. We note that it is not always appropriate to use all product 
characteristics as product comparison criteria. We base product 
comparison criteria on meaningful commercial differences among 
products. In other words, although there may be some physical product 
characteristics utilized by manufacturers to describe shrimp, it may be 
that only a select few product characteristics take into account 
commercially meaningful physical characteristics. In addition, 
interested parties may comment on the order in which the physical 
characteristics should be used in matching products. Generally, 
Commerce attempts to list the most important physical characteristics 
first and the least important characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on December 4, 
2023, which is 20 calendar days from the signature date of this 
notice.\12\ Any rebuttal comments must be filed by 5:00 p.m. ET on 
December 14, 2023, which is 10 calendar days from the initial comment 
deadline. All comments and submissions to Commerce must be filed 
electronically using ACCESS, as explained above, on the record of each 
of the LTFV investigations.
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    \12\ See 19 CFR 351.303(b)(1).
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Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(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 732(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.\13\ Thus, to determine 
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 must apply the same statutory definition regarding the domestic 
like product,\14\ 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.\15\
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    \13\ See section 771(4)(E) of the Act. For a full discussion of 
this provision of the Act and Commerce's analysis, see Antidumping 
Duty Investigation Initiation Checklists: Frozen Warmwater Shrimp 
from Ecuador and Indonesia (Ecuador AD Initiation Checklist and 
Indonesia AD Initiation Checklist, collectively Country-Specific AD 
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.
    \14\ See section 771(10) of the Act.
    \15\ 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.\16\ Based on our analysis

[[Page 81045]]

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.\17\
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    \16\ 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).
    \17\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Attachment II of the Country-Specific AD Initiation Checklists.
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    In determining whether the petitioner has standing under section 
732(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 Petitions and 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.\18\ 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.\19\ 
On October 27 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.\20\
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    \18\ 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.
    \19\ 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.
    \20\ See AHSTAC's Letters, ``Additional Support for the 
Petitions,'' dated October 27, 2023; ``Additional Support for the 
Petitions,'' dated November 6, 2023; and ``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) 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.\21\ 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.\22\ 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.\23\ 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.\24\ We relied on data provided by the petitioner and AHSTAC 
for purposes of measuring industry support.\25\
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    \21\ 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.
    \22\ 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.
    \23\ 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.
    \24\ 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.
    \25\ 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.\26\ 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 evaluate industry support (e.g., 
polling).\27\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 732(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.\28\ Finally, the domestic producers (or 
workers) have met the statutory criteria for industry support under 
section 732(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.\29\ Accordingly, Commerce determines that the Petitions were 
filed on behalf of the domestic industry within the meaning of section 
732(b)(1) of the Act.\30\
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    \26\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
    \27\ Id.; see also section 732(c)(4)(D) of the Act.
    \28\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
    \29\ Id.
    \30\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\31\
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    \31\ 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 a significant volume of subject imports; reduced market 
share; underselling and price depression and/or suppression; lost sales 
and revenues; inventory overhang; and negative impact on production, 
shipments, and financial performance.\32\ 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 substantial evidence, 
and

[[Page 81046]]

meet the statutory requirements for initiation.\33\
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    \32\ See Petitions 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.
    \33\ See Country-Specific AD 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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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate LTFV investigations 
of imports of shrimp from Ecuador and Indonesia. The sources of data 
for the deductions and adjustments relating to U.S. price and normal 
value (NV) are discussed in greater detail in the Country-Specific AD 
Initiation Checklists.

U.S. Price

    For Ecuador and Indonesia, the petitioner based export price (EP) 
on the average unit values (AUVs) derived from official import 
statistics for imports of shrimp from Ecuador and Indonesia into the 
United States during the POI. The petitioner made certain adjustments 
to U.S. price to calculate a net ex-factory U.S. price, where 
applicable.\34\
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    \34\ See Country-Specific AD Initiation Checklists.
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Normal Value 35
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    \35\ In accordance with section 773(b)(2) of the Act, for the 
Ecuador and Indonesia LTFV investigations, Commerce will request 
information necessary to calculate the constructed value (CV) and 
COP to determine whether there are reasonable grounds to believe or 
suspect that sales of the foreign like product have been made at 
prices that represent less than the COP of the product.
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    For Ecuador, the petitioner was unable to obtain prices for shrimp 
produced in Ecuador and sold or offered for sale in the home market or 
in third country markets to use as a basis for NV.\36\ Therefore, for 
Ecuador, the petitioner calculated NV based on CV.\37\ For further 
discussion of CV, see the section ``Normal Value Based on Constructed 
Value,'' below.
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    \36\ See Ecuador AD Initiation Checklist.
    \37\ Id.
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    For Indonesia, the petitioner based NV on home market prices 
obtained through market research for shrimp produced in and sold, or 
offered for sale, in Indonesia during the POI.\38\
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    \38\ See Indonesia AD Initiation Checklist.
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Normal Value Based on Constructed Value

    As noted above, for Ecuador, the petitioner stated it was unable to 
obtain home-market or third-country prices for shrimp to use as the 
basis for NV.\39\ Therefore, for Ecuador, the petitioner based NV on 
CV.\40\
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    \39\ See Ecuador AD Initiation Checklist.
    \40\ Id.
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    Pursuant to section 773(e) of the Act, the petitioner calculated CV 
as the sum of the cost of manufacturing, selling, general, and 
administrative (SG&A) expenses, financial expenses, and profit.\41\ In 
calculating the cost of manufacturing, the petitioner relied on the 
production experience and input consumption rates of a U.S. producer of 
shrimp, valued using publicly available information applicable to 
Ecuador.\42\ In calculating SG&A expenses, financial expenses, and 
profit ratios (where applicable), the petitioners relied on the 
calendar year 2022 financial statements of an Ecuadorian producer of 
identical merchandise.\43\
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    \41\ Id.
    \42\ Id.
    \43\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of shrimp from Ecuador and Indonesia are being, or 
are likely to be, sold in the United States at LTFV. Based on 
comparisons of EP to NV in accordance with sections 772 and 773 of the 
Act, the estimated dumping margins for shrimp for each of the countries 
covered by this initiation are as follows: (1) Ecuador--9.55 to 25.82 
percent; and (2) Indonesia--26.13 to 33.95 percent.\44\
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    \44\ See Indonesia AD Initiation Checklist; and Ecuador AD 
Initiation Checklist.
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Initiation of LTFV Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating LTFV investigations to determine 
whether imports of shrimp from Ecuador and Indonesia are being, or are 
likely to be, sold in the United States at LTFV. In accordance with 
section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determinations no later than 
140 days after the date of these initiations.

Respondent Selection

    In the Petitions, the petitioners identified 227 companies in 
Ecuador and 276 companies in Indonesia as producers/exporters of 
shrimp.\45\ Following standard practice in LTFV investigations 
involving market economy countries, in the event Commerce determines 
that the number of companies is large such that 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 under 
the appropriate Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings listed in the ``Scope of the Investigations,'' in the 
appendix.
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    \45\ See Petitions at Volume I (page 11 and Exhibit I-16).
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    On November 13 and 14, 2023, Commerce released CBP data on imports 
of shrimp from Ecuador and Indonesia under administrative protective 
order (APO) to all parties with access to information protected by APO 
and indicated that interested parties wishing to comment on CBP data 
and/or respondent selection must do so within three business days of 
the publication date of the notice of initiation of these 
investigations.\46\ Comments must be filed electronically using ACCESS. 
An electronically-filed document must be received successfully in its 
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Commerce 
will not accept rebuttal comments regarding the CBP data or respondent 
selection.
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    \46\ See Memoranda, ``Release of Customs and Border Protection 
Entry Data,'' dated November 13, 2023; and ``Release of Customs and 
Border Protection Entry Data,'' dated November 14, 2023.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://access.trade.gov/Resources/Administrative_Protective_Order.aspx.

Distribution of Copies of the AD Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the AD Petitions have been 
provided to the governments of Ecuador and Indonesia via ACCESS. To the 
extent practicable, we will attempt to provide a copy of the public 
version of the AD Petitions to each exporter named in the AD Petitions, 
as provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of our initiation, as required by 
section 732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the AD Petitions were filed, whether there is a reasonable 
indication that imports of Ecuador and/or Indonesia are materially 
injuring, or threatening material injury to, a U.S. industry.\47\ A 
negative ITC determination for any

[[Page 81047]]

country will result in the investigation being terminated with respect 
to that country.\48\ Otherwise, these LTFV investigations will proceed 
according to statutory and regulatory time limits.
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    \47\ See section 733(a) of the Act.
    \48\ 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 \49\ 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.\50\ 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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    \49\ See 19 CFR 351.301(b).
    \50\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the cost of production in the ordinary course of trade, the 
administering authority may use another calculation methodology under 
this subtitle or any other calculation methodology.'' When an 
interested party submits a PMS allegation pursuant to section 773(e) of 
the Act, Commerce will respond to such a submission consistent with 19 
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 
773(e) of the Act, then it will modify its dumping calculations 
appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set 
a deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of a respondent's initial 
section D questionnaire response.

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.\51\ 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, we 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, stand-alone submission; under limited circumstances we will 
grant untimely filed requests for the extension of time limits, where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. 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.\52\
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    \51\ 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.
    \52\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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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.\53\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\54\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \53\ See section 782(b) of the Act.
    \54\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional 
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO 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 letter 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.\55\
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    \55\ 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 732(c)(2) 
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 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

[[Page 81048]]

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. 2023-25736 Filed 11-20-23; 8:45 am]
BILLING CODE 3510-DS-P