7020-02
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.
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 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 nonshrimp 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 § 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 § 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.
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 § 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

§ 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.

(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 § 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 § 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 § 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 § 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
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 § 207.30 of the Commission’s rules. All written submissions must conform with the
provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also
conform with the requirements of §§ 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 §
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 §§ 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 § 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: 6/25/2024 8:45 am; Publication Date: 6/26/2024]