Vietnam Dusted Shrimp: ITA Corrects Amended Final AD Determination
The International Trade Administration is correcting its amended final antidumping duty determination which included dusted shrimp1 within the scope of the investigation of certain frozen warmwater shrimp from Vietnam.
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
(In April 2010, the Court of International Trade sustained the ITA’s remand redetermination that dusted shrimp should be included within the scope of the order. See ITT’s Online Archives or 04/26/10 news, 10042622, for BP summary.)
ITA Corrects AD Rates for 3 Companies, Adds 23 Separate Rate Companies
The ITA states that in its original notice of amended final AD duty determination, incorrect estimated AD duty rates were listed for three companies, and several Vietnamese companies were inadvertently omitted from the list.
Therefore, the ITA is correcting the estimated AD duty rates for Camau, Minh Phu, and Minh Hai, and adding 23 companies with a separate rate of 4.57% (added companies are marked with an asterisk*) for entries of dusted shrimp with a time of entry on or after September 2, 2010, as follows:
| Manufacturer/Exporter | AD Rate |
| Camau Frozen Seafood Processing Import Export Corporation aka Camimex and Camau Seafood Factory No. 4 | 5.24% (from 55.24%) |
| Kim Anh Company Limited | 25.76% (unchanged) |
| Minh Phu Seafood Corporation aka Minh Phu Seafood Export-Import Corporation, Minh Phu, Minh Phu Seafood Pte., Minh Qui Seafood Co. Ltd., Minh Qui, Minh Phat Seafood Co. Ltd. and Minh Phat | 4.38% (from 74.38%) |
| Minh Hai Joint Stock Seafoods Processing Company aka Seaprodex Minh Hai | 4.30% (from 84.30%) |
| Amanda Foods (Vietnam) Ltd. aka Amanda VN and Amanda | 4.57% (unchanged) |
| Aquatic Products Trading Company aka APT and A.P.T. Co. | 4.57% (unchanged) |
| Bac Lieu Fisheries Company Limited aka Bac Lieu, BACLIEUFIS, Bac Lieu Fis, Bac Lieu Fisheries Co. Ltd., Bac Lieu Fisheries Limited Company and Bac Lieu Fisheries Company Ltd. | 4.57% (unchanged) |
| Coastal Fisheries Development Corporation aka COFIDEC | 4.57% (unchanged) |
| Cai Doi Vam Seafood Import-Export Company aka Cadovimex | 4.57% (unchanged) |
| Cam Ranh Seafoods Processing Enterprise Company aka Cam Ranh | 4.57% (unchanged) |
| Can Tho Agriculture and Animal Products Import Export Company aka Cataco, Duyen Hai Foodstuffs Processing Factory, Caseafood, Coseafex and Cantho Seafood Export | 4.57% (unchanged) |
| Cantho Animal Fisheries Product Processing Export Enterprise aka Cafatex, Cafatex Vietnam, Xi Nghiep Che Bien Thuy Suc San Xuat Khau Can Tho, CAS, CAS Branch, Cafatex Saigon, Cafatex Fishery Joint Stock Corporation, Cafatex Corporation and Taydo Seafood Enterprise | 4.57% (unchanged) |
| *C.P. Vietnam Livestock Co. Ltd. | 4.57% |
| *Cuu Long Seaproducts Company aka Cuu Long Seapro | 4.57% |
| *Danang Seaproducts Import Export Corporation aka Seaprodex Danang, Tho Quang Seafood Processing and Export Company and Tho Quang | 4.57% |
| *Hanoi Seaproducts Import Export Corporation aka Seaprodex Hanoi | 4.57% |
| *Investment Commerce Fisheries Corporation aka INCOMFISH, Investment Commerce Fisheries Corp., INCOMFISH CORP. and INCOMFISH CORPORATION | 4.57% |
| *Kien Giang Sea-Product Import-Export Company aka KISIMEX, Kien Giang Seaproduct Import & Export Company, Kien Giang Seaproduct Import and Export Company, Kien Giang Seaproduct Import Export Co., Kien Giang Sea Product Import & Export Co., Kien Giang Sea Product Import and Export Company, Kien Giang Sea Product Import & Export Company, Kien Giang Sea Product Import & Export Co. and Kien Giang Sea Product Im. & Ex. Co. | 4.57% |
| *Minh Hai Export Frozen Seafood Processing Joint-Stock Company aka Minh Hai Jostoco | 4.57% |
| *Minh Hai Seaproducts Import Export Corporation aka Seaprimexco | 4.57% |
| *Ngoc Sinh Private Enterprise aka Ngoc Sinh Seafoods, Ngoc Sinh Fisheries, Ngoc Sinh Private Enterprises, Ngoc Sinh Seafoods Processing and Trading Enterprises and Ngoc Sinh | 4.57% |
| *Nha Trang Fisheries Joint Stock Company aka Nhatrang Fisheries Joint Stock Company, Nha Trang Fisco and Nhatrang Fisco | 4.57% |
| *Nha Trang Seaproduct Company aka Nha Trang Seafoods | 4.57% |
| *Pataya Food Industries (Vietnam) Ltd. aka Pataya VN | 4.57% |
| *Phu Cuong Seafood Processing and Import-Export Company Limited aka Phu Cuong Seafood Processing Import-Export Company Ltd., Phu Cuong Co., Phu Cuong, Phu Cuong Seafood Processing & Import-Export Co. Ltd., Phu Cuong Seafood Processing, Phu Cuong Co. Ltd. and Phu Cuong Seafood Processing Import & Export Company Limited | 4.57% |
| *Phuong Nam Co. Ltd. aka Phuong Nam Company Limited and Phuong Nam | 4.57% |
| *Sao Ta Foods Joint Stock Company aka Fimex VN, Saota Seafood Factory and Sao Ta Seafood Factory | 4.57% |
| *Soc Trang Aquatic Products and General Import Export Company aka STAPIMEX | 4.57% |
| *Song Huong ASC Import-Export Company Ltd. aka Song Huong ASC Joint Stock Company, SOSEAFOOD, ASC, Song Huong Import Export Seafood Joint Stock Company, Song Huong Import-Export Seafood Joint Stock Company, Song Huong Import Export Seafood Company, Song Huong Seafood Import-Export Company, Song Huong Seafood Import Export Co., Song Huong Seafood Im-Export Co., SongHuong and Songhuong Joint Stock Company | 4.57% |
| *Thuan Phuoc Seafoods and Trading Corporation aka Frozen Seafoods Factory No. 32 | 4.57% |
| *UTXI Aquatic Products Processing Company aka UTXI, UTXI Co. Ltd., UT XI Aquatic Products Processing Company and UT-XI Aquatic Products Processing Company | 4.57% |
| *Viet Foods Co., Ltd. aka Viet Foods, Nam Hai Exports Food Stuff Limited, Nam Hai Export Foodstuff Company Ltd., Vietfoods Co. Ltd., Viet Foods Company Limited and Vietfoods Company Limited | 4.57% |
| *Viet Nhan Company | 4.57% |
| *Viet Hai Seafood Company Ltd. aka Vietnam FishOne, Vietnam Fish-One Company Co. Ltd., Vietnam Fish-One, Vietnam Fish-One Co. Ltd., Vietnam Fish One Co. Ltd., Vietnam Fish One Company Limited and Vietnam Fish-One Company Limited | 4.57% |
| *Vinh Loi Import Export Company aka VIMEXCO, Vinh Loi Import/Export Co., VIMEX, VinhLoi Import Export Company and Vinh Loi Import-Export Company | 4.57% |
| Vietnam-wide entity | 25.76% (unchanged) |
ITA Lists 5 Successor-in-Interest Companies
The ITA continues to find 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).
AD Suspension of Liquidation for Dusted Shrimp
The ITA previously ordered U.S. Customs and Border Protection to suspend liquidation for AD duty purposes on all entries of dusted shrimp from Vietnam with a time of entry on or after September 2, 2010.
Suspension Period Will End in 35 Days, Absent ITC Injury Determination
During the course of the original investigation, the ITA only excluded dusted shrimp at the final determination, and a portion of the original 180-day period for the provisional measures still applies to dusted shrimp (i.e., the difference between the date of the final determination and the date on which the provisional measures expired in the original investigation).
Therefore, the ITA previously ordered CBP to suspend entries for 35 days starting September 2, 2010. Absent an affirmative injury determination by the ITC, the ITA will lift the suspension of liquidation at the end of this time period.
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.
(See ITT’s Online Archives or 09/02/10 news, 10090221, for BP summary of the original amended final AD duty determination for dusted shrimp from Vietnam, as well as Brazil, China, India, and Thailand.)
ITA contact -- Matthew Renkey (202) 482-2312
(FR Pub 09/29/10, ITA Case No. A-552-802)