<NOTICE>
DEPARTMENT OF COMMERCE
<SUBAGY>International Trade Administration</SUBAGY>
<DEPDOC>[A-560-842, C-331-806, C-533-921, C-552-838]</DEPDOC>
<SUBJECT>Frozen Warmwater Shrimp From Indonesia: Antidumping Duty Order; Frozen Warmwater Shrimp From Ecuador, India, and the Socialist Republic of Vietnam: Countervailing Duty Orders</SUBJECT>
<HD SOURCE="HED">AGENCY:</HD>
Enforcement and Compliance, International Trade Administration, Department of Commerce.
<SUM>
<HD SOURCE="HED">SUMMARY:</HD>
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing an antidumping duty (AD) order on frozen warmwater shrimp (shrimp) from Indonesia and countervailing duty (CVD) orders on shrimp from Ecuador, India, and the Socialist Republic of Vietnam (Vietnam).
</SUM>
<DATES>
<HD SOURCE="HED">DATES:</HD>
Applicable December 26, 2024.
</DATES>
<FURINF>
<HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
Benjamin Nathan (CVD India) at (202) 482-3834; Reginald Anadio or Zachary Shaykin (CVD Ecuador) at (202) 482-3166 or (202) 482-5377, respectively; Rachel Jennings or Miranda Bourdeau (AD Indonesia) at (202) 482-1110 or (202) 482-2021, respectively; and Adam Simons (CVD Vietnam) at (202) 482-6172; AD/CVD Operations, Offices II, IV, V, and IX, respectively, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
</FURINF>
<SUPLINF>
<HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
<HD SOURCE="HD1">Background</HD>
In accordance with sections 705(d), 735(d), and 777(i) of the Tariff Act of 1930, as amended (the Act), on October 28, 2024, Commerce published its affirmative final determination of sales at less than fair value (LTFV) of shrimp from Indonesia,
<SU>1</SU>
<FTREF/>
and its affirmative final determinations that countervailable subsidies are being provided to producers and exporters of shrimp from Ecuador, India, and Vietnam.
<SU>2</SU>
<FTREF/>
<FTNT>
<SU>1</SU>
<E T="03">See Frozen Warmwater Shrimp from Indonesia: Final Affirmative Determination of Sales at Less-Than-Fair Value,</E>
89 FR 85498 (October 28, 2024) (
<E T="03">Shrimp from Indonesia Final Results</E>
).
</FTNT>
<FTNT>
<SU>2</SU>
<E T="03">See Frozen Warmwater Shrimp from Ecuador: Final Affirmative Countervailing Duty Determination,</E>
89 FR 85506 (October 28, 2024);
<E T="03">see also Frozen Warmwater Shrimp from India: Final Affirmative Countervailing Duty Determination,</E>
89 FR 85502 (October 28, 2024); and
<E T="03">Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Final Affirmative Countervailing Duty Determination,</E>
89 FR 85500 (October 28, 2024).
</FTNT>
On December 12, 2024, pursuant to sections 705(d) and 735(d) of the Act, the ITC notified Commerce of its final affirmative determinations that an industry in the United States is materially injured by reason of dumped imports of shrimp from Indonesia, and subsidized imports of shrimp from Ecuador, India, and Vietnam, within the meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.
<SU>3</SU>
<FTREF/>
On December 17, 2024, the ITC published its final determinations in the
<E T="04">Federal Register</E>
.
<SU>4</SU>
<FTREF/>
<FTNT>
<SU>3</SU>
<E T="03">See</E>
ITC's Letter, “Notification of ITC Final Determination,” dated December 12, 2024 (ITC Notification Letter).
</FTNT>
<FTNT>
<SU>4</SU>
<E T="03">See Frozen Warmwater Shrimp from Ecuador, India, Indonesia, and Vietnam,</E>
89 FR 102163 (December 17, 2024).
</FTNT>
<HD SOURCE="HD1">Scope of the Orders</HD>
The merchandise covered by these orders is frozen warmwater shrimp from Ecuador, India, Indonesia, and Vietnam. For a complete description of the scope of the orders,
<E T="03">see</E>
the appendix to this notice.
<HD SOURCE="HD1">AD Order</HD>
On December 12, 2024, in accordance with section 735(d) of the Act, the ITC notified Commerce of its final determinations that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of imports of shrimp from Indonesia that are sold in the United States at LTFV.
<SU>5</SU>
<FTREF/>
Therefore, in accordance with sections 735(c)(2) and 736 of the Act, Commerce is issuing this AD order. Because the ITC determined that imports of shrimp from Indonesia are materially injuring a U.S. industry, unliquidated entries of such merchandise from Indonesia, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties.
<FTNT>
<SU>5</SU>
<E T="03">See</E>
ITC Notification Letter.
</FTNT>
Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duty deposits equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise on all relevant entries of shrimp from Indonesia. Antidumping duties will be assessed on unliquidated entries of shrimp entered, or withdrawn from warehouse, for consumption on or after May 30, 2024, the date of publication of the
<E T="03">LTFV Preliminary Determination,</E>
<SU>6</SU>
<FTREF/>
but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC's final injury determination, as further described below.
<FTNT>
<SU>6</SU>
<E T="03">See Frozen Warmwater Shrimp from Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures,</E>
89 FR 46861 (May 30, 2024) (
<E T="03">LTFV Preliminary Determination</E>
).
</FTNT>
<HD SOURCE="HD1">Continuation of Suspension of Liquidation and Cash Deposits—AD</HD>
Except as noted in the “Provisional Measures—AD” section of this notice, Commerce intends to instruct CBP to continue to suspend liquidation on all relevant entries of shrimp from Indonesia, in accordance with section 736 of the Act. Because the estimated weighted-average dumping margin calculated for PT Bahari Makmur Sejati (BMS) in the
<E T="03">Final Determination</E>
was zero,
<SU>7</SU>
<FTREF/>
entries of subject merchandise produced and exported by BMS will not be subject to this order. Accordingly, Commerce will direct CBP not to suspend liquidation of, or to require
cash deposits of estimated antidumping duties on, entries of subject merchandise produced and exported by BMS. Therefore, in accordance with section 735(a)(4) of the Act and 19 CFR 351.204(e)(1), entries of subject merchandise from this producer/exporter combination will be excluded from the order. However, entries of subject merchandise from BMS in any other producer/exporter combination, or by third parties that sourced subject merchandise from the excluded producer/exporter combination, will be subject to suspension of liquidation and cash deposits of estimated antidumping duties at the all-others rate noted below. These instructions suspending liquidations will remain in effect until further notice.
<FTNT>
<SU>7</SU>
<E T="03">Shrimp from Indonesia Final Results,</E>
89 FR at 85499.
</FTNT>
Commerce also intends to instruct CBP to require cash deposits equal to the estimated weighted-average dumping margins indicated in the tables below. Accordingly, effective on the date of publication in the
<E T="04">Federal Register</E>
of the notice of the ITC's final affirmative injury determination, CBP must require, at the same time as importers would normally deposit estimated customs duties on subject merchandise, a cash deposit equal to the rates listed in the table below.
<HD SOURCE="HD1">Estimated Weighted-Average Dumping Margins</HD>
The estimated weighted-average dumping margins are as follows:
<GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s25,9">
<TTITLE> </TTITLE>
<CHED H="1">Exporter/producer</CHED>
<ENT I="01">PT Bahari Makmur Sejati</ENT>
<ENT>0.00</ENT>
</ROW>
<ROW>
<ENT I="01">PT First Marine Seafoods; PT Khom Foods</ENT>
<ENT>3.90</ENT>
</ROW>
<ROW>
<ENT I="01">All Others</ENT>
<ENT>3.90</ENT>
</ROW>
</GPOTABLE>
<HD SOURCE="HD1">Provisional Measures—AD</HD>
Section 733(d) of the Act states that suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request that Commerce extend the four-month period to no more than six months. At the request of exporters that accounted for a significant proportion of exports of shrimp from Indonesia, Commerce extended the four-month period to no more than six months.
<SU>8</SU>
<FTREF/>
In the underlying investigation, Commerce published the
<E T="03">LTFV Preliminary Determination</E>
on May 30, 2024. Therefore, the six-month period beginning on the date of the publication of the
<E T="03">LTFV Preliminary Determination</E>
ended on November 25, 2024. Pursuant to section 737(b) of the Act, the collection of cash deposits at the rates listed above will begin on the date of publication of the ITC's final injury determination. Therefore, in accordance with section 736(a)(1) of the Act and our practice, Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of shrimp from Indonesia entered, or withdrawn from warehouse, for consumption on or after November 26, 2024, the first day provisional measures were no longer in effect, until and through the day preceding the date of publication of the ITC's final injury determinat
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