[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Notices]
[Pages 53444-53446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13967]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-699-702 and 731-TA-1659-1660 (Final)]


Frozen Warmwater Shrimp From Ecuador, India, Indonesia, and 
Vietnam; Scheduling of the Final Phase of Countervailing Duty and 
Antidumping Duty Investigations

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-699-702 and 731-TA-1659-1660 (Final) pursuant to the Tariff Act 
of 1930 (``the Act'') to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of frozen warmwater shrimp from Ecuador, 
India, Indonesia, and Vietnam, provided for in subheadings 0306.17.00, 
1605.21.10, and 1605.29.10 of the Harmonized Tariff Schedule of the 
United States, preliminarily determined by the Department of Commerce 
(``Commerce'') to be subsidized and sold at less-than-fair-value.

DATES: May 30, 2024.

FOR FURTHER INFORMATION CONTACT: Calvin Chang ((202) 205-3062), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.--For purposes of these investigations, Commerce has defined 
the subject merchandise as 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 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

[[Page 53445]]

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.
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by Commerce that certain benefits which 
constitute subsidies within the meaning of Sec.  703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in Ecuador, India, and Vietnam of frozen warmwater shrimp, 
and that such products from Ecuador and Indonesia are being sold in the 
United States at less than fair value within the meaning of Sec.  733 
of the Act (19 U.S.C. 1673b). The investigations were requested in 
petitions filed on October 25, 2023, by the American Shrimp Processors 
Association, Port Arthur, Texas.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Although Commerce has preliminarily determined that imports of 
frozen warmwater shrimp from Indonesia are not being subsidized, for 
purposes of efficiency, the Commission hereby waives rule 207.21(b) \1\ 
so that the final phase of the investigation may proceed concurrently 
in the event that Commerce makes a final affirmative determination with 
respect to such imports.
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    \1\ Sec.  207.21(b) of the Commission's rules provides that, 
where Commerce has issued a negative preliminary determination, the 
Commission will publish a Final Phase Notice of Scheduling upon 
receipt of an affirmative final determination from Commerce.
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    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov). 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on October 
2, 2024, and a public version will be issued thereafter, pursuant to 
Sec.  207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on 
Wednesday, October 16, 2024. Requests to appear at the hearing should 
be filed in writing with the Secretary to the Commission on or before 
Thursday, October 10, 2024. Any requests to appear as a witness via 
videoconference must be included with your request to appear. Requests 
to appear via videoconference must include a statement explaining why 
the witness cannot appear in person; the Chairman, or other person 
designated to conduct the investigation, may in their discretion for 
good cause shown, grant such a request. Requests to appear as remote 
witness due to illness or a positive COVID-19 test result may be 
submitted by 3 p.m. the business day prior to the hearing. Further 
information about participation in the hearing will be posted on the 
Commission's website at https://www.usitc.gov/calendarpad/calendar.html.
    A nonparty who has testimony that may aid the Commission's 
deliberations may request permission to present a short statement at 
the hearing. All parties and nonparties desiring to appear at the 
hearing and make oral presentations should attend a prehearing 
conference, if deemed necessary, to be held at 9:30 a.m. on Friday, 
October 11, 2024. Parties shall file and serve written testimony and 
presentation slides in connection with their presentation at the 
hearing by no later than 4:00 p.m. on Thursday, October 10, 2024. Oral 
testimony and written materials to be submitted at the public hearing 
are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the 
Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 business 
days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is October 9, 2024. Parties shall also file 
written testimony in connection with their presentation at the hearing, 
and posthearing briefs, which must conform with the provisions of Sec.  
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is October 23, 2024. In addition, any person who has not entered 
an appearance as a party to the investigations may submit a written 
statement of information

[[Page 53446]]

pertinent to the subject of the investigations, including statements of 
support or opposition to the petition, on or before October 23, 2024. 
On November 4, 2024, the Commission will make available to parties all 
information on which they have not had an opportunity to comment. 
Parties may submit final comments on this information on or before 
November 7, 2024, but such final comments must not contain new factual 
information and must otherwise comply with Sec.  207.30 of the 
Commission's rules. All written submissions must conform with the 
provisions of Sec.  201.8 of the Commission's rules; any submissions 
that contain BPI must also conform with the requirements of Sec. Sec.  
201.6, 207.3, and 207.7 of the Commission's rules. The Commission's 
Handbook on Filing Procedures, available on the Commission's website at 
https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, 
elaborates upon the Commission's procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to Sec.  201.12 of the Commission's rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the 
investigations must be served on all other parties to the 
investigations (as identified by either the public or BPI service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: June 20, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-13967 Filed 6-25-24; 8:45 am]
BILLING CODE 7020-02-P