Brazil, India, China, Thailand, and Vietnam: Dusted Shrimp Temporarily Subject to AD Duties

(On April 14, 2010, the Court of International Trade sustained the ITA’s remand redetermination that dusted shrimp should be included within the scope of these orders. See ITT’s Online Archives or news, 10042622, for BP summary.

See ITT’s Online Archives or 07/14/09 news, 09071430, for BP summary of the CIT’s remand to the ITA.)

Amended Scope of the Investigations Includes Dusted Shrimp, Etc.

The ITA has revised the scope language to state that “food preparations (including dusted shrimp), which are not ‘prepared meals,’ that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of these investigations.”

While the ITA finds that dusted shrimp are no longer excluded from the scope of the investigations, it has retained the five-step definition of the dusting process, as dusting is a necessary precursor for producing battered shrimp, which remain outside the scope.

(The ITA notes that the original investigations also included canned warmwater shrimp; however, given that the International Trade Commission failed to find injury with respect to canned warmwater shrimp and that the subsequent amended final determinations and orders did not include canned warmwater shrimp, it is similarly not including any reference to canned warmwater shrimp in the revised scope language.)

Temporary AD Suspension of Liquidation for Dusted Shrimp Begins Sept 2

The ITA is ordering U.S. Customs and Border Protection to suspend liquidation for AD duty purposes on all entries of dusted shrimp with a time of entry on or after September 2, 2010.

(Currently, liquidation is suspended and cash deposits are required for all entries of subject merchandise except for dusted shrimp.)

Provisional Measures for AD Suspension Lasts Only Through Oct 6, 10

During the course of the original investigations, the ITA only excluded dusted shrimp at the final determinations, and a portion of the original 180-day period for the provisional measures is still available to dusted shrimp (i.e., the difference between the date of the final determination and the date on which the provisional measures would have expired in the original investigation).

Therefore, for China and Vietnam, the ITA will order CBP to suspend entries for 35 days starting September 2, 2010 (through October 6, 2010). For Brazil, India and Thailand, the ITA will order CBP to suspend entries for 39 days starting September 2, 2010 (through October 10, 2010). Absent an affirmative injury determination by the ITC, the ITA will lift the suspension of liquidation at the end of these time periods.

(If the ITC makes a negative injury determination, the proceedings will be terminated, and all securities posted will be refunded or canceled with regard to dusted shrimp at the end of the respective time periods. If the ITC determines that material injury or threat of material injury exists, the ITA will issue amended AD duty orders for dusted shrimp.)

Temporary AD Cash Deposit/Bond Requirements for Dusted Shrimp

The ITA will also instruct CBP to require cash deposits or the posting of a bond with respect to dusted shrimp at the AD duty rates below with a time of entry on or after September 2, 2010 (until provisional measures end on October 6 for China and Vietnam, and October 10, 2010 for Brazil, India, and Thailand).

¹Dusted 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% purity has been applied, so that the entire surface of the shrimp flesh is thoroughly and evenly coated with the flour; (3) that the non-shrimp content of the end product constitutes between 4% to 10% of the product’s total weight after being dusted, but prior to being frozen; and (4) that is subjected to IQF freezing immediately after application of the dusting layer.

²The ITA has determined that Hilltop International is the successor-in-interest to Yelin Enterprise Co. Hong Kong.

³The ITA has determined that Bac Lieu Fisheries Joint Stock Company (Bac Lieu JSC), Cadovimex Seafood Import-Export and Processing Joint Stock Company (Cadovimex Vietnam), Soc Trang Seafood Joint Stock Company (STAPIMEX JSC), Thuan Phuoc Seafoods and Trading Corporation (Thuan Phuoc JSC), and UTXI Aquatic Products Processing Corporation (UTXI Corp.) are successors-in-interest, respectively, to Bac Lieu Fisheries Company Limited (Bac Lieu Limited), Cai Doi Vam Seafood Import-Export Company (Cadovimex), Soc Trang Aquatic Products and General Import Export Company (STAPIMEX), Thuan Phuoc Seafoods and Trading Corporation (Thuan Phuoc SOE), and UTXI Aquatic Products Processing Company (UTXI).

ITA contact -- Matthew Renkey (202) 482-2312

(FR Pub 09/02/10, ITA Case Nos. A-351-838, A-533-840, A-570-893, A-549-822, and A-552-802)

(This ITT article was revised on April 26, 2011 to indicate that cash deposits are to be collected on dusted shrimp only through October 6 for China and Vietnam, and only through October 10 for Brazil, India, and Thailand; and to indicate that amended AD duty orders will be issued.)