Frozen Warmwater Shrimp from Seven Countries: New CV Investigation Deadlines & Scope
The International Trade Administration issued a Federal Register notice on its recently initiated countervailing duty investigation of certain frozen warmwater shrimp from China (C-570-988), Ecuador (C-331-803), India (C-533-854), Indonesia (C-560-825), Malaysia (C-557-814), Thailand (C-549-828), and Vietnam (C-552-815). The ITA will determine whether exporters of frozen warmwater shrimp from these countries to the U.S. receive countervailable subsidies.
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The period of investigation is calendar year 2011 (Jan. 1, through Dec. 31).
Alleged CV Margins
An ITA fact sheet says the alleged CV duty margins for frozen warmwater shrimp from these seven countries are above de minimis
Some Merchandise Already Subject to Antidumping Duty Orders
These investigations cover the same products as the current AD duty orders on certain frozen warmwater shrimp from Brazil (A-351-838), China (A-570-893), India (A-533-840), Thailand (A-549-822), and Vietnam (A-552-802), including the revised scope language for the AD orders that was the result of litigation concerning “dusted shrimp,” the ITA said. An AD duty order used to cover frozen warmwater shrimp from Ecuador, but was subsequently revoked.
Scope of the CV Investigation
"The scope of these investigations is certain frozen warmwater shrimp and prawns, whether wildcaught (ocean harvested) or farm-raised (produced by aquaculture), head-on or head-off, shell-on or peeled, tail-on or tail-off,1 deveined or not deveined, cooked or raw, or otherwise processed in frozen form, regardless of size.
"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 (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.
"Excluded from the scope are: (1) Breaded 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; (5) dried shrimp and prawns; (6) canned warmwater shrimp and prawns; and (7) certain 'battered shrimp' (see below).
"'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 non-shrimp content of the end product constituting between four and 10 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.
"The products included in the scope of these investigations are currently classified under the following HTSUS subheadings: 0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40, 1605.21.10.30 and 1605.29.10.10. These HTSUS subheadings are provided for convenience and for customs purposes only and are not dispositive, but rather the written description of the scope is dispositive."
Comments on Scope Due by Feb. 6
The ITA said it discussed the scope with petitioner to make sure that it accurately reflects the products for which the domestic industry is seeking relief. The ITA is asking for comments on the scope by Feb. 6.
Investigation Timetable
| Event | CV Investigation |
|---|---|
| Petition filed | 12/28/12 |
| ITA initiation date | 01/17/13 |
| ITC prelim determination2 | 02/11/13 |
| ITA prelim determinations3 | 03/25/13 |
| ITA final determinations3 | 06/06/13 |
| ITC final determination4 | 07/22/13 |
| Issuance of orders5 | 07/29/13 |
1“Tails” in this context means the tail fan, which includes the telson and the uropods.
2If the ITC makes a negative determination of injury, the investigations are terminated.
3These deadlines may be extended under the governing statute.
4This will take place only in the event of ITA final affirmative determinations.
5This will take place only in the event of ITA and ITC final affirmative determinations.
ITA Federal Register notice on these CV duty investigations (FR Pub 01/25/13) available here
ITA fact sheet available here