Antidumping Duty Orders Issued (Amended Final Affirmative Determinations) Brazil Certain Frozen Warmwater Shrimp A-351-838 Ecuador A-331-802 India A-533-840 Thailand (Canned Excluded) A-549-822
The International Trade Administration (ITA) has issued amended final affirmative antidumping (AD) duty determinations for certain frozen warmwater shrimp from Brazil, Ecuador, India, and Thailand. The amendments modify the scope of the investigation to exclude canned warmwater shrimp, as well as correct a number of ministerial errors, resulting in amended AD rates for certain companies and the "All other" rates.
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The ITA has also issued AD duty orders for subject merchandise from these four countries. As a result, the ITA indicates that relevant entries will be liable for the possible assessment of AD duties for all unliquidated entries with a time of entry on or after August 4, 2004 (or in the case of EMPAF/Netuno on or after August 30, 2004).
Changes to Suspension of Liquidation
Continuation for all but canned shrimp and Expalsa. The ITA is directing CBP to continue to suspend liquidation of all entries of subject merchandise except canned warmwater shrimp, which is excluded, or Exportadora de Alimentos S.A. (Expalsa) which is excluded, from Brazil, Ecuador, India, and Thailand that have a time of entry on or after August 4, 2004 (or in the case of EMPAF/Netuno on or after August 30, 2004).
Discontinuation for canned shrimp. As a result of a final negative injury determination from the International Trade Commission (ITC) with respect to canned warmwater shrimp, the ITA states that CBP shall discontinue the suspension of liquidation on canned warmwater shrimp products and refund any AD cash deposit made or bonds posted with respect to this merchandise.
Discontinuation for Expalsa. As Expalsa has a de minimis margin in the amended final determination, CBP shall discontinue the suspension of liquidation on subject merchandise from Expalsa and refund any AD cash deposit made or bonds posted with respect to this merchandise.
Amended AD Rates - Cash Deposit Only
As a result of the issuance of amended final determinations and AD orders, the ITA also states that CBP will require, at the same time that importers would normally deposit estimated duties on subject merchandise, a cash deposit equal to the revised or continuing estimated weighted average AD margins listed below, for entries of subject merchandise with a time of entry on or after February 1, 2005:
| Liquidation Suspended | Cash Deposit Only |
|---|---|
| Company | Antidumping (AD) Margin |
| Brazil | |
| Empresa de Armazenagem Frigorifica Ltda. /Maricultura Netuno S.A. (EMPAF/Netuno) | 7.94% (from 10.70%) |
| Central de Industrializacao e Distribuicao de Alimentos Ltda. (CIDA)/Cia Exportadora de Produtos do Mar (Produmar) | 4.97% (from 9.69%) |
| Norte Pesca S.A. | 67.80% (no change) |
| All others | 7.05% (from 10.40%) |
| Ecuador | |
| Exportadora De Alimentos S.A. (Expalsa) | (a) |
| Exporklore S.A. | 2.48% (from 2.35%) |
| Promarisco S.A. | 4.42% (from 4.48%) |
| All others | 3.58% (from 3.26%) |
| India | |
| Devi Sea Foods Ltd. | 4.94% (from 5.02%) |
| Hindustan Lever Ltd. (HLL) | 15.36% (from 13.42%) |
| Nekkanti Seafoods Ltd. | 9.71% (no change) |
| All others | 10.17% (from 9.45%) |
| Thailand | |
| Andaman Seafood Co., Ltd.1 | 5.91% (from 5.79%) |
| Chanthaburi Seafoods Co., Ltd. 1 | 5.91% (from 5.79%) |
| Chanthaburi Frozen Food Co., Ltd. 1 | 5.91% (from 5.79%) |
| Phattana Seafood Co., Ltd. 1 | 5.91% (from 5.79%) |
| S.C.C. Frozen Seafood Co., Ltd.2 | 5.91% (From 5.79%) |
| Thai I-Mei Frozen Foods Co. Ltd. | 5.29% (from 6.20%) |
| Thailand Fishery Cold Storage Public Co., Ltd. 1 | 5.91% (from 5.79%) |
| Thai International Seafood Co., Ltd. 1 | 5.91% (from 5.79%) |
| The Union Frozen Products Co., Ltd. | 6.82% (no change) |
| Wales & Company Universe, Ltd. 1 | 5.91% (from 5.79%) |
| Y2K Frozen Food Co., Ltd. 1 | 5.91% (from 5.79%) |
| All others | 5.95% (from 6.03%) |
1The ITA has previously stated that these companies are part of the Rubicon Group and have been assigned the same AD duty margin.
2 This company was not listed in the ITA's preliminary or final determinations, but was listed in a CBP administrative message on the final determination (Adm: 04-2592), and may be part of the Rubicon Group.
(a) Expalsa has an amended rate of 1.97% (from 2.62%), which is de minimis. As a result, Expalsa is excluded from the order.
Scope of the Investigation Revised to Exclude Canned Warmwater Shrimp, etc.
The ITA has revised the scope of the investigation to (1) indicate that canned warmwater shrimp and prawns (HTS 1605.20.1040) are excluded from the orders, and (2) as a result, drop HTS 1605.20.1040 from the list of subject tariff numbers.
The ITA also has deleted its text and footnotes regarding nine "scope of investigation" decisions; instead folding them into the "scope of investigation" section as appropriate.
(See ITA notices for further information, including revised scope of investigation. See ITT's Online Archives or 12/27/04 news, 04122745, for BP summary of the final affirmative AD duty determinations for subject merchandise from Brazil, Ecuador, India, and Thailand.
| Kate Johnson (Brazil) | (202) 482-4929 |
| David Goldberger (Ecuador) | (202) 482-4136 |
| Elizabeth Eastwood (India) | (202) 482-3874 |
| Irina Itkin (Thailand) | (202) 482-0656 |
ITA Notices (FR Pub 02/01/05) available at
Brazil: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-368.pdf
Ecuador: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-373.pdf
India: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-370.pdf
Thailand: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-369.pdf
BP Note
Similar orders and amended final determinations have been published in the Federal Register for subject merchandise from China or Vietnam. See future issue of ITT for BP summary.