AD: Brazil, Ecuador, India & Thailand Frozen and Canned Warmwater Shrimp
The ITA states it has treated EMPAF and its affiliate, Maricultura, as one entity for purposes of this AD duty preliminary determination.
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| Antidumping (AD) Rate | |
| Brazil | |
| Empresa de Armazenagem Frigorifica Ltda. (EMPAF)/Maricultura Netuno S.A. (Maricultura) (EMPAF/Maricultura) | (a) |
| Central de Industrializacao e Distribuicao de Alimentos Ltda. | 8.41% |
| Norte Pesca S.A. | 67.80% |
| All others | 36.91% |
| Ecuador | |
| Exporklore S.A. | 9.35% |
| Exportadora De Alimentos S.A. | 6.08% |
| Promarisco S.A. | 6.77% |
| All others | 7.30% |
| India | |
| Devi Sea Foods Ltd. (Devi) | 3.56% |
| Hindustan Lever Limited (HLL) | 27.49% |
| Nekkanti Seafoods Limited (Nekkanti) | 9.16% |
| All others | 14.20% |
| Thailand | |
| Andaman Seafood Co., Ltd. (AMS), Chanthaburi Seafoods Co., Ltd. (CSF), Thailand Fishery Cold Storage Public Co., Ltd. (TFC) (the Rubicon Group) | 5.56% |
| Thai I-Mei Frozen Foods Co., Ltd. | 5.91% |
| Union Frozen Products Co., Ltd. | 10.25% |
| All others | 6.39% |
The ITA states that it has determined it was appropriate to treat AMS, CSF, and TFC as a single respondent (i.e. the Rubicon Group) for purposes of this investigation.
(a) EMPAF/Maricultura has a preliminaryAD rate of zero; no AD cash deposit or posting of a bond is required. BP is checking if suspension of liquidation will occur for this entity.
Scope of the Investigations Determinations
The ITA states that it received many comments and submissions regarding a multitude of scope issues, including: (1) Fresh (never frozen) shrimp, (2) Ocean Duke's seafood mix, (3) salad shrimp sold in counts of 250 pieces or higher, (4) the species Macrobrachium rosenbergii, (5) organic shrimp, (6) peeled shrimp used in breading, (7) dusted shrimp, and (8) battered shrimp.
According to the ITA, it has made the following determinations with respect to these comments and submissions:
(a) The ITA determines that fresh (never frozen) shrimp should not be added to the scope of these investigations.
(b) With respect to Ocean Duke's seafood mix, salad shrimp sold in counts of 250 pieces or higher, Macrobrachium rosenbergii, organic shrimp and peeled shrimp used in breading, the ITA states that it determines that Ocean Duke's seafood mix is excluded from the scope of the investigations; however, salad shrimp sold in counts of 250 pieces or higher, Macrobrachium rosenbergii, organic shrimp, and peeled shrimp used in breading are included within the scope of the investigations.
(c) With respect to dusted shrimp and battered shrimp, the ITA preliminarily finds that battered shrimp falls within the meaning of the breaded shrimp exclusion identified in the scope of these proceedings1; however, there is insufficient evidence to consider that shrimp which has been dusted also falls within this exclusion.
The ITA states that it is prepared to exclude dusted shrimp from the scope of the investigation, if a clear, administrable definition of dusted shrimp can be developed, and is seeking comments from interested parties on this issue.
1 The ITA has added a footnote to the scope of these investigations to clarify its finding that the breaded shrimp exclusion includes battered shrimp. In all other respects the scope of these investigations is unchanged from the initiation notices.
Postponement of Final AD Duty Determinations
The ITA states that it is postponing its final AD duty determinations for subject merchandise from Brazil, Ecuador, India, and Thailand until no later than 135 days after August 4, 2004 and extending suspension of liquidation accordingly.
(See ITA notices for more information on the scope, etc. See ITT's Online Archives or 08/03/04 news, 04080337 for BP summary of the ITA's fact sheet announcing these preliminary affirmative AD duty determinations.
See ITT's Online Archives or 01/28/04 news, 04012845 for BP summary of the initiation of the AD duty investigations of subject merchandise from Brazil, Ecuador, India, Thailand, China, and Vietnam. See ITT's Online Archives or 07/19/04 news, 04071940 for BP summary of the preliminary affirmative AD duty determinations of subject merchandise from China and Vietnam.
See ITT's Online Archives or 07/13/04 news, 04071305 for BP summary of CBP's new guidelines for continuous bonds for agriculture/aquaculture merchandise subject to AD/CV cases.)
| Kate Johnson | (Brazil) | (202) 482-4929 |
| David J. Goldberger | (Ecuador) | (202) 482-4136 |
| Elizabeth Eastwood | (India) | (202) 482-3874 |
| Irina Itkin | (Thailand) | (202) 482-0656 |
Brazil, Ecuador, India, and Thailand ITA notices (FR Pub 08/04/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-17814.pdf, http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-17815.pdf, http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-17817.pdf, and http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-17816.pdf, respectively.