New anti-dumping and countervailing duty petitions filed on imports of frozen warm water shrimp from Ecuador, India, Indonesia and Vietnam | News & Events

Two new U.S. Antidumping (“AD”) petitions have been filed on October 25 by the American Shrimp Processors Affiliation (“ASPA” or the “Petitioner”) in opposition to imports of frozen warmwater shrimp from Ecuador and Indonesia. Petitioner additionally filed 4 countervailing responsibility (“CVD”) petitions in opposition to imports of frozen warmwater shrimp from Ecuador, India, Indonesia, and Vietnam.

The products coated by these petitions are frozen warm-water shrimp and shrimp merchandise. Warmwater shrimp and prawns are typically categorised throughout the household Penaeidae, however will not be restricted to. Merchandise coated by the vary consists of warmwater prawns, each wild-caught and farm-raised. Frozen heat water prawns full of pickles, spices or sauces are included within the vary, nevertheless, prawns and prawns in prepared meals are excluded from the vary. Breaded shrimp, chilly water shrimp, recent shrimp, dried shrimp and canned heat water shrimp are additionally excluded from the vary. Please see beneath for the complete textual content of the proposed scope of investigations.

The Division of Commerce (“DOC”) and the Worldwide Commerce Fee (“ITC”) will conduct investigations. Throughout the subsequent 45 days, the ITC will decide whether or not there’s a affordable indication that the imports are harming or threatening to hurt U.S. business. If the ITC finds that this commonplace is met, the circumstances will go to the DOC, which is able to calculate the preliminary AD and CVD responsibility margins.

DOC’s preliminary selections are at present anticipated by January 18, 2024 (CVD) and April 2, 2024 (AD). On the date of publication of the DOC’s preliminary selections, importers will probably be required to deposit duties calculated when merchandise enter the US market. events ought to pay attention to the potential lapse in U.S. authorities funding, which is at present scheduled to run out at midnight on November 17, 2023. The lapse of appropriations might lead to a cessation of sure authorities actions and will impression deadlines in these investigations.

Importers must also remember that entries could also be topic to AD/CVD as much as 90 days previous to DOC’s preliminary determinations if each the DOC and ITC difficulty a “essential circumstances” discovering. For DOC, which means that imports elevated by a minimum of 15 % after the petitions have been filed in comparison with an analogous interval (often three months) earlier than the petitions have been filed. For the ICC, it’s uncommon for a last consequence to be reached in essential circumstances.

There are strict authorized deadlines related to these measures and affected companies are suggested to arrange as quickly as potential. If this product pursuits you, please tell us so we are able to give you further info when it turns into obtainable. A desk with approximate key dates is given beneath.

Listed below are key information about this enterprise case:

Petitioner: code

International producers/exporters and US importers: Please contact us for a listing of particular person importers and exporters named within the petitions.

AD/CVD spreadsThe petitioner claimed the next estimated margins:

  • Ecuador: Dumping margins from 1.3% to 111.4% to worthand the above countervailing responsibility margins minimal;
  • India: Countervailing responsibility margins above minimal;
  • Indonesia: Dumping margins from 4.85% to 37.36% to worthand the above countervailing responsibility margins minimal; And
  • Vietnam: Countervailing responsibility margins above minimal.

Items included within the scope of the lawsuit:

The proposed scope of those investigations describes imported items as follows:

  • The scope of those investigations consists of sure species of frozen warm-water shrimp and prawns, whether or not wild-caught (caught from the ocean) or farm-raised (produced by aquaculture), whether or not head-on, decapitated, or peeled Or peeler, tail or tail. Drained or not, cooked or uncooked, or frozen processed.
  • Frozen warmwater shrimp and shrimp merchandise included within the scope, no matter definitions within the Harmonized Tariff Schedule of america (HTSUS), are merchandise of warmwater shrimp and shrimp which can be processed by way of freezing and offered in any countable dimension.
  • The merchandise described above will be processed from any species of shrimp and prawns that stay in heat waters. Warmwater shrimp and prawns are typically categorised throughout the household Penaeidae, however will not be restricted to. Some examples of farmed and wild-caught warmwater species embrace, however will not be restricted to, white-legged shrimp (Penaeus vannemei), banana shrimp (Penaeus merguiensis), fleshy shrimp (Penaeus chinensis), large river shrimp (Macrobrachium rosenbergii), and large tiger prawns. . Shrimp (Penaeus monodon), Purple Noticed Shrimp (Penaeus brasiliensis), Southern Brown Shrimp (Penaeus subtilis), Southern Pink Shrimp (Penaeus notialis), Southern Tough Shrimp (Trachypenaeus curvirostris), Southern White Shrimp (Penaeus schmitti), Blue Shrimp (Penaeus). ). stylirostris), western white shrimp (Penaeus occidentalis), and Indian white shrimp (Penaeus indicus).
  • Frozen prawns and prawns crammed with marinade, spices or sauce are included within the vary. As well as, meals preparations, which aren’t thought of “prepared meals”, which comprise greater than 20 % by weight of shrimp or prawns, are additionally included within the scope.
  • Excluded from this scope are: (1) shrimp and fried shrimp (HTSUS subtitle 1605.20.10.20); (2) Shrimp and prawns typically categorised within the household Pandalidae and generally known as cold-water shrimp, in any processed state; (3) Contemporary shrimp and prawns, whether or not shelled or deveined (HTSUS subheadings 0306.36.0020 and 0306.36.0040); (4) Shrimp and prawns in ready meals (HTSUS subheading 1605.20.05.10); (5) Dried shrimp and prawns; (6) Heat-water canned shrimp and prawns (HTSUS subheading 1605.20.10.40); (7) Some species of dusty shrimp; And (8) some battered shrimp. Lined shrimp is a shrimp-based product that: (1) is produced from recent (or thawed from frozen) and peeled shrimp; (2) A “mud” layer of rice or wheat flour of a minimum of 95 % purity was utilized; (3) With your entire floor of the shrimp meat evenly coated in flour; (4) with the non-shrimp content material of the ultimate product constituting between 4 and 10 % of the overall weight of the product after dusting, however earlier than freezing; and (5) which is subjected to IQF freezing instantly after utility of the mud layer. Fried shrimp is a shrimp-based product, which when drizzled in accordance with the definition of dusting above, is coated in a moist, sticky coating containing eggs and/or milk, and fried.
  • The merchandise coated by the scope are at present categorised below the next HTSUS subheadings: 0306.17.0004, 0306.17.0005, 0306.17.0007, 0306.17.0008, 0306.17.0010, 0306.17.0011, 0306.17.0013, 030 6.1 7.0014, 0306.17.0016, 0306.17.0017, 0306.17.0019, 0306.17.0020, 0306.17.0022, 0306.17.0023, 0306.17.0025, 0306.17.0026, 0306.17.0028, 0306.17. 0029, 0306.17.0041, 0306.17.0042, 1605.21.1030, and 1605.29 .1010. These HTSUS subheadings are offered for comfort and customs functions solely and will not be declarative, fairly the written description of the area is declarative.
Approximate key dates*
Anti-dumping responsibility investigation
It occurred No days Date of labor
The petition has been submitted 0 10/25/2023
DOC begin date 20 11/14/2023
ITC Preliminary Investigations**
Due questionnaires 14 11/8/2023
Request to look on the listening to 18 11/13/2023
he heard 21 11/15/2023
Abstract / s 26 11/20/2023
ITC vote 43 12/7/2023
ITC Preliminary Choice 45 11/12/2023
DOC investigations
DOC Outline the preliminary declaration 160 4/2/2024
DOC decide the ultimate declaration 235 06/17/2024
ITC Closing Investigations
ITC Closing Declaration Report 280 07/31/2024
DOC last investigations
DOC AD Deploy the command 287 8/7/2024
Investigation into countervailing duties
It occurred No days Date of labor
The petition has been submitted 0 10/25/2023
beginning date 20 11/14/2023
ITC’s dedication of an affordable indicator of harm 45 11/12/2023
DOC Preliminary Cardiovascular Illness Report 85 1/18/2024
Present factual info 95 01/29/2024
Request a listening to 122 02/26/2024
Abstract / s 142 03/15/2023
DOC last determination for heart problems 160 4/2/2024
ITC is the ultimate determination for heart problems 205 05/17/2024
DOC CVD Put up the command 212 05/24/2024

In case you have any questions relating to the content material of this alert, please contact Mark Ludwikowski (; 202-640-6680), Kevin Williams (; 312-985-5907), and Will Joberg (wsjoberg) @; 202-772-0924), Aristeo Lopez (; 202-552-2366), Kelsey Christensen (; 202-640-6670), Sally Al-Ghazali (salghazali@clarkhill).com; 202-572-8676), or different members of the Clark Hill Worldwide Commerce Enterprise Unit.

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