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Newsletter

Preliminary Decision Issued on Certain Frozen and Canned Warmwater Shrimp

July 12, 2004

A preliminary determination on certain Frozen and Canned Warmwater Shrimp from China and Vietnam was summarized by the U.S. Department of Commerce via a fact sheet, dated July 6, 2004. The announcement states that certain shrimp farms in China and Vietnam were found to have exported shrimp to the U.S. at below market value prices.

The effective date for entry suspension of liquidation and the imposition of the cash/bond posting requirements will be the date of first publication in the Federal Register, unless the Department subsequently makes a determination of critical circumstances. Due to scheduling requirements, the Federal Register publication is expected to take place in the in the next several days.

The new rates reach as high as 112.81% (China-wide rate), and 93.13% (Vietnam-wide rate), as follows:

COUNTRY

MARGIN

People's Republic of China

 

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%

PRC-Wide Rate

112.81%

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%

Vietnam-Wide Rate

93.13%


*Substantially lower, separate rate margins were issued for certain companies who provided adequate Section A questionnaire responses. A complete listing of these companies eligible for the Section A rates are provided in the Commerce fact sheet.

SCOPE LANGUAGE

The scope of the product are described on the fact sheet as:

Products covered include 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,1 deveined or not deveined, cooked or raw, or otherwise processed in frozen or canned form.

The frozen or canned warmwater shrimp and prawn products included in the scope of the investigations are products that are processed from warmwater shrimp and prawns through either freezing or canning, and which are sold in any count size.

The products described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the Penaeidae family. Some examples of the farmed and wild-caught warmwater species include, but are not limited to, whiteleg shrimp, banana prawn, fleshy prawn, giant river prawn, giant tiger prawn, redspotted shrimp, southern brown shrimp, southern pink shrimp, southern rough shrimp, southern white shrimp, blue shrimp, western white shrimp, and Indian white prawn.

Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope of this investigation. In addition, food preparations, which are not "prepared meals," that contain more than 20% by weight of shrimp or prawn are also included in the scope of this investigations.

Excluded from this scope are (1) breaded2 shrimp and prawns; (2) shrimp and prawns generally classified in the Pandalidae family and commonly referred to as coldwater shrimp, in any state of processing; (3) fresh shrimp and prawns whether shell-on or peeled; (4) shrimp and prawns in prepared meals; and (5) dried shrimp and prawns.

Importers with questions regarding the investigation are invited to contact our offices.

If you have any questions on any of the issues raised in this newsletter, please contact Stephen Spraitzar at (415) 288-0427 or via email at sss@tuttlelaw.com.

Stephen Spraitzar is an attorney with the Law Offices of George R. Tuttle in San Francisco. The information in this article is general in nature and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.

__________________________________________________________

1 "Tails" in this context means the tail fan, which includes the telson and the uropods.

2 Pursuant to our scope determination on battered shrimp, we find that breaded shrimp includes battered shrimp.

Copyright 2005 by Tuttle Law Offices.

All rights reserved. Information has been obtained from sources believed to be reliable. However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.

 

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