Commerce issued final determinations that certain frozen and canned warmwater shrimp from Brazil, Ecuador, India and Thailand is being, or is likely to be, sold in the U.S. at less than fair value. The period of investigation is October 1, 2002 through September 30, 2003. Commerce made adjustments to the margin calculations for the final dumping margins. Therefore, the final weighted-average dumping margins differ from the preliminary margins.
The scope of this investigation includes 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, deveined or not deveined, cooked or raw, or otherwise processed in frozen or canned form. They may be processed from any species of warmwater shrimp and prawns. Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope of the investigation. In addition, food preparations, which are not “prepared meals,” that contain more than 20 percent by weight of shrimp or prawn are included.
Excluded from the scope are breaded shrimp and prawns (1605.20.10.20); shrimp and prawns commonly referred to as coldwater shrimp, in any state of processing; fresh shrimp and prawns whether shell-on or peeled (0306.23.00.20 and 0306.23.00.40); shrimp and prawns in prepared meals (1605.20.05.10); and dried shrimp and prawns.
Critical Circumstances
“Critical Circumstances” were preliminarily found with regard to merchandise exported from India for Hindustan Lever Limited (HLL). However, in its final determinations Commerce determined that there is no reasonable basis to believe or suspect that critical circumstances exist with respect to the subject merchandise exported from HLL. Therefore, Commerce will instruct CBP to terminate the retroactive suspension of liquidation for HLL between May 6, 2004 and August 4, 2004 for HLL and refund any cash deposit required to HLL’s entries that were suspended retroactively. For entries on or after August 4, CBP shall continue to require a cash deposit or the posting of a bond based on the estimated weighted-average dumping margins listed below.
Within 45 days the ITC will issue its determination. If the ITC determines material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC issues an affirmative determination, Commerce will issue an antidumping duty order directing Customs to assess antidumping duties on all imports of the subject merchandise entered or withdrawn from warehouse for consumption on or after the effective date of the suspension of liquidation.
Company -- Prelim. Margin / Final Margin
Brazil
Empresa de Armazenagem Frigorifica Ltda. (EMPAF) -- 0.00 / 10.70
Central de Industrializacao e Distribuicao de Alimentos Ltda. (CIDA)/
Cia Exportadora de Productos do Mar (Produmar) -- 8.41 / 9.69
Norte Pesca S.A. -- 67.80 / 67.80
All Others -- 36.91 / 10.40
Commerce applied adverse facts available with respect to Norte Pesca because Norte Pesca ceased to participate in the investigation.
The All Others rate is derived exclusive of all de minimis margins and margins based entirely on adverse facts available.
Ecuador
Exporklore S.A. -- 9.35 / 2.35
Exportadora De Alimentos S.A. -- 6.08 /2.62
Promarisco S.A. -- 6.77 / 4.48
All Others -- 7.30 / 3.26
India
Devi Sea Foods Ltd. -- 3.56 / 5.02
Hindustan Lever Limited -- 27.49 / 13.42
Nekkanti Seafoods Limited -- 9.16 / 9.71
All others -- 14.20 / 9.45
Thailand
The Rubicon Group* -- 5.56 / 5.79
Thai I-Mei -- 5.91 / 6.20
UFP -- 10.25 / 6.82
All Others -- 6.39 / 6.03
*The following companies are part of the Rubicon Group and have been assigned the same dumping margin: Adaman Seafood Co., Chanthaburi Frozen Food Co., Chanthaburi Seafoods Co., Phattana Seafood Co., Thailand Fishery Cold Storage Public Co., Thai International Seafood Co., Wales & Company Universe and Y2K Frozen Food Co.
Customs will continue to suspend liquidation of entries of the subject imports that are entered or withdrawn from warehouse for consumption on or after August 4.
