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Preliminary Determinations in the Antidumping Duty Investigations
on
Certain Frozen and Canned Warmwater Shrimp from
the People's Republic of China and the Socialist Republic of Vietnam
FACT SHEET
On July 6, the Department announced its preliminary determinations
in the antidumping duty
investigations on imports of certain frozen and canned warmwater
shrimp from the People’s Republic of China (PRC) and the Socialist
Republic of Vietnam (Vietnam). We preliminarily find that with the
exception of one Chinese producer/exporter, Zhangjiang Guolian Aquatic
Products Co., Ltd., Chinese and Vietnamese producers/exporters have
sold frozen and canned warmwater shrimp in the U.S. market at less
than fair value, with margins ranging from 7.67 percent to 112.81
percent for imports from the PRC and 12.11 percent to 93.13 percent
for imports from Vietnam.
Next Steps: Interested parties are invited to submit comments
on these preliminary determinations.
The Department will consider all submitted comments along with record
evidence before making its
final determinations on or about November 24, 2004. If the Department
makes a final affirmative
determination in either or both investigations, the U.S. International
Trade Commission (ITC) is
scheduled to make its final injury determinations on or about January
8, 2005. If the ITC makes a final affirmative determination that
imports are materially injuring, or threatening to materially injure,
the domestic industry, the Department will issue antidumping duty
orders and will instruct U.S. Customs and Border Protection (Customs)
to collect cash deposits on imports of subject merchandise.
Companies Qualifying for a “Separate Rate”: Based
on the voluntary questionnaire responses
submitted by certain Chinese and Vietnamese companies, the Department
has preliminarily determined that these companies have demonstrated
an absence of government control that is required to be eligible
to receive “separate-rate” status. The Department will
apply the weighted-average dumping margin of the mandatory respondents
in each of the investigations to these companies for the purpose
of the preliminary determination. A list of the companies preliminarily
found eligible for a separate rate is attached.
Critical Circumstances: Petitioner has alleged that critical
circumstances exist with regard to imports
of subject merchandise from the PRC and Vietnam. With regard to
imports from the PRC, the
Department has preliminarily determined that there is sufficient
evidence to warrant a finding that critical circumstances exist
with respect to imports produced/exported by the PRC-wide entity,
Yelin
Enterprise Co., and Allied Pacific Group. With regard to imports
from Vietnam, the Department has
preliminarily determined that there is insufficient evidence at
this time to warrant a determination that
critical circumstances exist. The Department will continue to review
and consider information and
interested parties’ submissions on this issue, and will make
a decision as part of the final determinations in these cases.
Suspension of Liquidation: Upon publication of the preliminary
determinations in the Federal
battered shrimp. Register, Customs will begin to suspend liquidation
of entries of subject merchandise and will collect a bond or cash
deposit from the importer of record based on the margins found in
the Department’s preliminary determinations.
Petitioner: The petitions requesting the initiation of these
investigations were filed on December 31,
2003, by the Ad Hoc Shrimp Trade Action Committee, whose members
are located in Alabama,
Florida, Georgia, Louisiana, Mississippi, North Carolina, South
Carolina, and Texas.
Product Description Products covered include certain warmwater
shrimp and prawns, whether frozen
or canned, wild-caught (ocean harvested) or farm-raised (produced
by aquaculture), head-on or headoff, shell-on or peeled, tail-on
or tail-off,1 deveined or not deveined, cooked or raw, or otherwise
processed in frozen or canned form.
The frozen or canned warmwater shrimp and prawn products included
in the scope of the investigations are products which are processed
from warmwater shrimp and prawns through either freezing or canning
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, banana prawn, fleshy prawn,
giant river prawn, giant tiger prawn, redspotted shrimp, southern
brown shrimp, southern pink shrimp, southern rough shrimp, southern
white shrimp, blue shrimp, western white shrimp, and Indian white
prawn.
Frozen shrimp and prawns that are packed with marinade, spices or
sauce are included in the scope of this investigations. 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 of this investigations.
Excluded from this scope are (1) breaded2 shrimp and prawns; (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;
(4) shrimp and prawns in
prepared meals; and (5) dried shrimp and prawns.
To download the Adobe Acrobat version of this fact sheet, click
here.
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