New Antidumping and Countervailing Petitions on Frozen Warmwater Shrimp from Ecuador, India, Indonesia, and Vietnam
Friday, October 27, 2023
On October 25, 2023, the American Shrimp Processors Association (APSA) filed antidumping duty (AD) petitions on frozen warmwater shrimp from Ecuador and Indonesia, and countervailing duty (CVD) petitions on the same product from Ecuador, India, Indonesia, and Vietnam.

The APSA alleges that imports of frozen warmwater shrimp from Ecuador and Indonesia are injuring the US domestic industry because they are sold in the United States for less than “normal value.” Additionally, the ASPA claims that frozen warmwater shrimp from Ecuador, India, Indonesia, and Vietnam benefit from countervailable subsidies, which are further injuring the US domestic industry.

AD and/or CVD duties will be imposed if the US Department of Commerce (DOC) determines that such alleged dumping and subsidization are occurring and if the US International Trade Commission (ITC) determines that there is “material injury” (or the threat thereof) by reason of the dumped and/or subsidized imports.

If the investigations are affirmative, importers of frozen warmwater shrimp from Ecuador, India, Indonesia, and Vietnam will be liable for any potential AD and/or CVD duties imposed.

Scope of Investigations

Per the petition, the investigation includes certain frozen warmwater shrimp and prawns whether wild-caught (ocean harvested) or farm-raised (produced by aquaculture), head-on or head-off, shell-on or peeled, tail-on or tail-off, deveined or not deveined, cooked or raw, or otherwise processed in frozen form. The frozen warmwater shrimp and prawn products included in the scope, regardless of definitions in the Harmonized Tariff Schedule of the United States (HTSUS), are products which are processed from warmwater shrimp and prawns through freezing 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 (Penaeus vannemei), banana prawn (Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), redspotted shrimp (Penaeus brasiliensis), southern brown shrimp (Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern rough shrimp (Trachypenaeus curvirostris), southern white shrimp (Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus indicus). Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope. 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.

The following shrimp products are excluded: (1) breaded shrimp and prawns (HTSUS subheading 1605.20.10.20); (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 (HTSUS subheadings 0306.36.0020 and 0306.36.0040); (4) shrimp and prawns in prepared meals (HTSUS subheading 1605.20.05.10); (5) dried shrimp and prawns; (6) canned warmwater shrimp and prawns (HTSUS subheading 1605.20.10.40); (7) certain dusted shrimp; and (8) certain battered shrimp.

Dusted 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; (3) with the entire surface of the shrimp flesh thoroughly and evenly coated with the flour; (4) with the non-shrimp content of the end product constituting between 4% and 10% of the product’s total weight after being dusted, but prior to being frozen; and (5) that is subjected to IQF freezing immediately after application of the dusting layer. Battered shrimp is a shrimp-based product that, when dusted in accordance with the definition of dusting above, is coated with a wet viscous layer containing egg and/or milk, and par-fried.

The written description of the scope is dispositive. However, imports of covered frozen warmwater shrimp products may be classified under the following categories of HTSUS:

0306.17.0004, 0306.17.0005, 0306.17.0007, 0306.17.0008, 0306.17.0010, 0306.17.0011, 0306.17.0013, 0306.17.0014, 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.

Alleged AD Margins

  • Indonesia: AD rates of 4.85% to 37.36% ad valorem
  • Ecuador: AD rates of 5.7% to 19.7% ad valorem

Estimated Key Dates of Interest to Exporters and Importers

The following are estimated key dates for these investigations, once initiated by the DOC and the ITC:

First Deadlines:
ITC Preliminary Injury Phase

approx. November 8, 2023questionnaire responses will be due.
November 15, 2023 – ITC Preliminary Staff Conference
December 11, 2023 - ITC Preliminary injury determination
Commerce Initiation Date November 14, 2023

Commerce Preliminary AD Determinations

April 2, 2024 - AD preliminary determination

The preliminary results deadline can be extended.

Commerce Preliminary CVD Determinations

April 2, 2024 - CVD preliminary determination

The preliminary results deadline can be extended.

Earliest Suspension of Liquidation (theoretical) November 14, 2023Subject to both affirmative critical circumstances finding by ITC and DOC.
 

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