Thailand Shrimp Correction: No AD Cash Deposit Required for Rubicon Group
Broker Power is issuing a correction to its September 10, 2010 ITT article regarding the recent final results of antidumping duty administrative review for certain frozen warmwater shrimp from Thailand, due to an error in the listing of an AD duty rate for the Rubicon Group.
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The ITT notice incorrectly stated that an AD duty cash deposit of 4.39% was effective for entries of subject merchandise by the Rubicon Group with a time of entry on or after September 9, 2010; however, no cash deposit is required for the Rubicon Group.
(The 4.39% rate is only Rubicon Group’s average AD rate for the review period of February 1, 2008 through January 15, 2009.)
The Rubicon Group includes Andaman Seafood Co., Ltd./Chanthaburi Frozen Food Co., Ltd.; Chanthaburi Seafoods Co., Ltd.; Intersia Foods Co., Ltd. (formerly Y2K Frozen Foods Co., Ltd.); Phatthana Seafood Co., Ltd.; Phatthana Frozen Food Co., Ltd.; S.C.C. Frozen Seafood Co., Ltd.; Sea Wealth Frozen Food Co. Ltd.; Thailand Fishery Cold Storage Public Co., Ltd.; Thai International Seafoods Co., Ltd.; and Wales & Co. Universe Limited.
Cash Deposits Terminated for Rubicon Group Effective Jan 16, 2009
Effective January 16, 2009, there is no AD duty cash deposit requirement for the Rubicon Group in accordance with the ITA’s implementation of the World Trade Organization’s determination under Section 129 of the Uruguay Round Agreements Act, which upheld Thailand's claim that the ITA's use of zeroing in its calculation of the AD duty margins is inconsistent with certain U.S. obligations.
Pursuant to the Section 129 determination, the ITA instructed U.S. Customs and Border Protection (CBP)to terminate the suspension of liquidation and to liquidate without regard to AD duties (release all bonds and refund all cash deposits) all shipments of frozen warmwater shrimp produced and exported by one or more of the members of the Rubicon Group, as well as by Thai I-Mei Frozen Foods, Co., Ltd., with a time of entry on or after January 16, 2009 (as their amended AD duty margins were de minimis).
(See ITT’s Online Archives or 02/02/09 news, 09020235, for BP summary of the ITA’s implementation of the Section 129 determination.
See ITT's Online Archives or 09/10/10 news, 10091007, for BP’s corrected notice on the ITA’s final results of administrative review.)
(Original FR Pub 09/21/10, ITA Case No. A-549-822)