Brazil, India, China, Thailand, and Vietnam Shrimp: AD Orders Now Include Dusted Shrimp

In 2010, Only Final Determinations Amended Pursuant to ITA Remand

In April 2010, the Court of International Trade sustained the ITA’s remand redetermination that dusted shrimp should be included within the scope of these orders, and in September 2010, the ITA issued amended final determinations to temporarily include dusted shrimp within the scope of the investigations of certain frozen warmwater shrimp from Brazil, India, China, Thailand, and Vietnam.

The inclusion was only temporary (for 35 or 39 days, variously) as amended orders could not be issued until the International Trade Commission made a final injury determination on dusted shrimp.

However, in March 2011, the ITC made such a final injury determination. (It notified the ITA of its affirmative sunset determinations that revocation of these orders would likely lead to a continuation or recurrence of material injury to an industry in the U.S. within a reasonably foreseeable time to a U.S. industry. The ITC also found the domestic like product to include dusted shrimp.)

In light of the CIT’s final decision and the ITC’s sunset determination, the ITA is now issuing amended AD duty orders.

Amended Scope Includes Dusted Shrimp “as Defined”

As the ITA now finds that dusted shrimp is within the scope of the orders, it 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 orders.”

The ITA notes that while it 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.

AD Suspension of Liquidation for Dusted Shrimp

The ITA is expected to instruct U.S. Customs and Border Protection again suspend liquidation for AD duty purposes on all entries of dusted shrimp with a time of entry on or after April 26, 2011.

AD Cash Deposit Requirements for Dusted Shrimp

The ITA will instruct U.S. Customs and Border Protection to collect cash deposits on all imports of the subject merchandise (including dusted shrimp) at the AD duty rates below (which are unchanged from the amended final determinations) with a time of entry on or after April 26, 2011.

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 previously determined that Hilltop International is the successor-in-interest to Yelin Enterprise Co. Hong Kong.

³The ITA previously 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).

(See ITT's Online Archives or 09/02/10 and 09/29/10 news, 10090221 and 10092920, for BP summaries of the ITA's amended final AD determinations and corrected final cash deposit rates for Vietnam.)

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

(FR Pub 04/26/11, ITA Case Nos. A-351-838, A-533-840, A-570-893, A-549-822, and A-552-802)

The ITC's final sunset determination (FR Pub 04/04/11) is available here.