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Preliminary Determinations in the Antidumping
Duty Investigations on
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 all imports produced/exported except those imports from Zhanjiang Guolian Aquatic Products Co., Ltd., and Shantou Red Garden Foodstuff Co., Ltd. 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 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 head-off, 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.
Preliminary Dumping Margins :
* This will take place only in the event of a final affirmative determination from the Department.
**This will take place only in the event of final affirmative determinations by both the Department and the ITC.
Import Statistics :
Source: ITC DataWeb
Certain Frozen and Canned Warmwater Shrimp
A. Section A Respondents Receiving a Separate Rate
Beihai Zhengwu Industry Co., Ltd.
B. Section A Respondents Not Receiving a Separate Rate (assigned PRC-wide rate)
Asian Seafoods (Zhanjiang) Co., Ltd.
Certain Frozen and Canned Warmwater Shrimp from
the Socialist Republic of Vietnam:
A. Section A Respondents Receiving a Separate Rate
Amanda Foods (Vietnam) Ltd. (Amanda)
B. Section A Respondents Not Receiving a Separate Rate (assigned Vietnam-wide rate)
Aquatic Product Trading Company (APT)
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