Frozen Warmwater Shrimp From Ecuador: Amended Final Results of Countervailing Duty Expedited Review
The U.S. Department of Commerce (Commerce) is amending the final results of the expedited review of the countervailing duty (CVD) order on frozen warmwater shrimp from Ecuador t...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) is amending the final results of the expedited review of the countervailing duty (CVD) order on frozen warmwater shrimp from Ecuador to correct ministerial errors. The period of review (POR) is January 1, 2022, through December 31, 2022.
DATES:
Applicable September 14, 2026.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hall-Eastman or Stephanie Trejo, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6467, or (202) 482-4390, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 6, 2026, Commerce published the
Final Results
of the expedited review of the CVD order on frozen warmwater shrimp from Ecuador in the
Federal Register
.[1]
On August 12, 2026, Commerce notified interested parties of the deadline for the submission of ministerial error comments concerning the
Final Results.[2]
On August 17, 2026, Commerce received timely filed allegations of ministerial errors from the Ad Hoc Shrimp Trade Action Committee (AHSTAC).[3]
On August 24, 2026, Commerce received timely filed rebuttal comments from Empacadora del Pacifico S.A. (Edpacif).[4]
No other interested party commented on AHSTAC's allegations.
Legal Framework
A “ministerial error” is defined as an error “in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which {Commerce} considers ministerial.” [5]
Any issue raised by an interested party as a ministerial error which is, in fact, the result of a methodological decision by Commerce will not be considered a ministerial error because it would not meet the definition of the term in the controlling regulation.[6]
Commerce's regulations stipulate that the agency will disclose its calculations to parties to the proceeding and that those parties may submit comments concerning any ministerial error in such calculations.[7]
Commerce will analyze any comments received and, if appropriate, correct any ministerial error by amending the final results of review.[8]
Ministerial Errors
AHSTAC alleges that Commerce made two ministerial errors in the calculations underlying the
Final Results.
Commerce reviewed the record and agrees that both of the errors alleged by AHSTAC constitute ministerial errors within the meaning of section 751(h) of the Act and 19 CFR 351.224(f).[9]
Specifically, for Edpacif, Commerce made an inadvertent error by referencing an incorrect figure in the final calculation worksheet.[10]
For Nirsa/Proposorja, Commerce made an inadvertent error by not implementing a revision in the final calculation worksheet.[11]
Pursuant to 19 CFR 351.224(e), Commerce is amending the
Final Results
to reflect the correction of the ministerial errors, as described in the Ministerial Error Memorandum. Based on the corrections, Edpacif final subsidy rate changed from 15.17 percent to 15.18 percent, and Nirsa/Proposorja final subsidy rate changed from 2.21 percent to 2.23 percent. The amended net subsidy rates are listed in the “Amended Final Results” section below.
For a complete discussion of the ministerial error allegation, as well as Commerce's analysis, see the accompanying Ministerial Error Memorandum.[12]
The Ministerial Error Memorandum is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at
access.trade.gov.
Amended Final Results of Review
As a result of correcting the ministerial errors described above, Commerce determines that the following net countervailable subsidy rates exist for the following producers/exporters for which this expedited review is being conducted for the period January 1, 2022, through December 31, 2022:
Company
Subsidy rate
(percent
ad valorem)
Empacadora del Pacifico S.A
15.18
Nirsa S.A./Procesadora Posorja S.A
2.23
Disclosure
Commerce intends to disclose the calculations performed in connection with these amended final results of review to interested parties within five
( printed page 58087)
days after public announcement of the amended final results or, if there is no public announcement, within five days of the date of publication of this notice in the
Federal Register
, in accordance with 19 CFR 351.224(b).
Cash Deposit Requirements
Pursuant to 19 CFR 351.214(l)(3)(ii), the final results of this expedited review are not the basis for the assessment of countervailing duties. Upon the issuance of these amended final results, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect cash deposits of estimated countervailing duties for the companies subject to this expedited review, at the rates shown above, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of these amended final results of expedited review. These cash deposit requirements, when imposed, shall remain in effect until further notice.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation subject to sanction.
Notification to Interested Parties
These amended final results are issued and published in accordance with sections 777(i)(1), 777A(e), and 782 of the Act, and 19 CFR 351.214(l) and 351.224(e).
Dated: September 8, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
Footnotes
1.
See Frozen Warmwater Shrimp from Ecuador: Final Results of Countervailing Duty Expedited Review,91 FR 50765 (August 6, 2026) (
Final Results), and accompanying Issues and Decision Memorandum (IDM);
see also Frozen Warmwater Shrimp from Indonesia: Antidumping Duty Order; Frozen Warmwater Shrimp from Ecuador, India, and the Socialist Republic of Vietnam: Countervailing Duty Orders,89 FR 104982 (December 26, 2024) (
Order).
4.
See
Edpacif's Letter, “Rebuttal to Ministerial Error Allegation filed by the Ad Hoc Shrimp Trade Action Committee,” dated August 24, 2026 (Edpacif's Rebuttal Comments).
5.
See 19 CFR 351.224(f);
see also
section 751(h) of the Tariff Act of 1930, as amended (the Act) (setting forth the same definition, which Commerce's regulation mirrors).