[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85216-85217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26883]


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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: Postponement of Preliminary 
Determinations in the Countervailing Duty Investigations

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

DATES: Applicable December 7, 2023.

FOR FURTHER INFORMATION CONTACT: Zachary Shaykin (Ecuador), Steven 
Seifert (India), Kelsie Hohenberger (Indonesia), and Adam Simons (the 
Socialist Republic of Vietnam (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) 482-2638, (202) 482-3350, 
(202) 482-2517, and (202) 482-6172, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On November 14, 2023, the U.S. Department of Commerce (Commerce) 
initiated countervailing duty investigations of imports of frozen 
warmwater shrimp from Ecuador, India, Indonesia, and Vietnam.\1\ 
Currently, the preliminary determinations are due no later than January 
18, 2024.
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    \1\ See Frozen Warmwater Shrimp from Ecuador, India, Indonesia, 
and the Socialist Republic of Vietnam: Initiation of Countervailing 
Duty Investigations, 88 FR 81053 (November 21, 2023).
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Postponement of Preliminary Determinations

    Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), 
requires Commerce to issue the preliminary determination in a 
countervailing duty investigation within 65 days after the date on 
which Commerce initiated the investigation. However, section 703(c)(1) 
of the Act permits Commerce to postpone the preliminary determination 
until no later than 130 days after the date on which Commerce initiated 
the investigation if: (A) the petitioner makes a timely request for a 
postponement; or (B) Commerce concludes that the parties concerned are 
cooperating, that the investigation is extraordinarily complicated, and 
that additional time is necessary to make a preliminary determination. 
Under 19 CFR 351.205(e), the petitioner must submit a request for 
postponement 25 days or more before the scheduled date of the 
preliminary determination and must state the reasons for the request. 
Commerce will grant the request unless it finds compelling reasons to 
deny the request.
    On November 27, 2023, the petitioner \2\ submitted a timely request 
to postpone the preliminary determinations in these investigations.\3\ 
The petitioner stated that postponement of the preliminary 
determinations is necessary because the current schedule does not 
provide adequate time for a

[[Page 85217]]

complete analysis given the complexity of the issues in these cases and 
the number of subsidy programs under investigation in each.\4\
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    \2\ The petitioner is the American Shrimp Processors 
Association.
    \3\ See Petitioner's Letter, ``Request to Extend the Preliminary 
Determination,'' dated November 27, 2023.
    \4\ Id.
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    In accordance with 19 CFR 351.205(e), the petitioner has stated the 
reasons for requesting a postponement of the preliminary 
determinations, and Commerce finds there are no compelling reasons to 
deny the request. Therefore, in accordance with section 703(c)(1)(A) of 
the Act, Commerce is postponing the deadline for the preliminary 
determinations to no later than 130 days after the day on which these 
investigations were initiated, i.e., March 25, 2024.\5\ Pursuant to 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for 
the final determinations of these investigations will continue to be 75 
days after the date of the preliminary determinations.
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    \5\ Postponing the preliminary determination to 130 days after 
initiation would place the deadline on Saturday, March 23, 2024. 
Commerce's practice dictates that where a deadline falls on a 
weekend or a federal holiday, the appropriate deadline is the next 
business day. See Notice of Clarification: Application of ``Next 
Business Day'' Rule for Administrative Determination Deadlines 
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 
2005).
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    This notice is issued and published pursuant to section 703(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: December 1, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-26883 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P