International Trade Law News

Published by Jacobson Burton Kelley PLLC

Today the U.S. Department of Commerce (DOC) announced its preliminary determinations in the antidumping duty investigations on imports of certain frozen and canned warmwater shrimp from the People’s Republic of China (PRC) and the Socialist Republic of Vietnam (Vietnam).

With the exception of one Chinese producer/exporter, DOC found that Chinese and Vietnamese producers/exporters have sold frozen and canned warmwater shrimp in the U.S. market at less than fair value, with dumping margins ranging from 7.67% to 112.81% for Chinese imports and 12.11% to 93.13% for imports from Vietnam. The specific dumping margins are as follows:

PRC
Allied Pacific Group = 90.05%
Zhanjiang Guolian Aquatic Products Co., Ltd. = 0.04% (de minimis)
Shantou Red Garden Foodstuff Co., Ltd. = 7.67%
Yelin Enterprise Co., Hong Kong = 98.34%
Separate Rate Margin = 49.09% (applies to all companies qualifying for a separate rate due to finding that the company demonstrated an absence of government control)
PRC-Wide Rate 112.81% (applies to companies not investigated or not qualifying for a separate rate)

Vietnam
Minh Phu Seafood Corporation = 14.89%
Kim Ahn Co., Ltd. = 12.11%
Minh Hai Joint Stock Seafoods Processing Co. = 18.68%
Camau Frozen Seafood Processing Import Export Corporation = 19.60%
Separate Rate Margin 16.01% (applies to all companies qualifying for a separate rate due to finding that the company demonstrated an absence of government control)
Vietnam-Wide Rate 93.13% (applies to companies not investigated or not qualifying for a separate rate)

Upon publication of the preliminary determinations in the Federal Register, which will take place next week, U.S. Customs and Border Protection (CBP) will begin to suspend liquidation of entries of subject merchandise and will collect a bond or cash deposit from the importer of record based on the margins found in the Department’s
preliminary determinations.

DOC is expected to issue its final antidumping determination at the end of November. If DOC makes a final affirmative determination in either or both investigations, the U.S. International Trade Commission (ITC) will announce its final injury determinations in mid-January 2005. If the ITC makes a final affirmative determination that imports are materially injuring, or threatening to materially injure, the U.S. shrimp industry, DOC will issue antidumping duty orders and will instruct CBP to collect cash deposits on imports of subject merchandise.

DOC will announce the preliminary determinations in the antidumping investigations on shrimp from Thailand, Brazil, Ecuador and India at the end of this month.