MESSAGE NO: 4041203 DATE: 02 10 2004
CATEGORY: ADA TYPE: INI
REFERENCE: REFERENCE DATE:
CASES: A - 351 - 838 A - 331 - 802
A - 533 - 840 A - 549 - 822
A - 570 - 893 A - 552 - 802

PERIOD COVERED: 01 27 2004 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: INITIATION OF ANTIDUMPING DUTY INVESTIGATIONS ON CERTAI
N FROZEN AND CANNED WARMWATER SHRIMP FROM BRAZIL, INDIA
ECUADOR, THAILAND, CHINA AND VIETNAM


1. ON JANUARY 27, 2004, THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER ITS INITIATIONS OF ANTIDUMPING DUTY
INVESTIGATIONS ON CERTAIN FROZEN AND CANNED WARMWATER SHRIMP FROM
BRAZIL, ECUADOR, INDIA, THAILAND, THE PEOPLE'S REPUBLIC OF CHINA
AND THE SOCIALIST REPUBLIC OF VIETNAM.

2. THE SCOPE OF THESE INVESTIGATIONS INCLUDES 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, 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, REGARDLESS OF DEFINITIONS IN
THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES ("HTSUS"),
ARE PRODUCTS WHICH 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 (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 OF THE INVESTIGATIONS. IN
ADDITION, FOOD PREPARATIONS, WHICH ARE NOT "PREPARED MEALS," THAT
CONTAIN MORE THAN 20 PERCENT BY WEIGHT OF SHRIMP OR PRAWN ARE
ALSO INCLUDED IN THE SCOPE OF THE INVESTIGATIONS.

EXCLUDED FROM THE SCOPE ARE (1) BREADED SHRIMP AND PRAWNS
(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 (0306.23.00.20 AND 0306.23.00.40); (4)
SHRIMP AND PRAWNS IN PREPARED MEALS (1605.20.05.10); AND (5)
DRIED SHRIMP AND PRAWNS.

THE PRODUCTS COVERED BY THIS SCOPE ARE CURRENTLY CLASSIFIED UNDER
THE FOLLOWING HTSUS SUBHEADINGS; 0306.13.00.03, 0306.13.00.06,
0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18,
0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40,
1605.20.10.10, 1605.20.10.30, AND 1605.20.10.40. THESE HTSUS
SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND FOR CUSTOMS AND
BORDER PROTECTION ("CBP") PURPOSES ONLY AND ARE NOT DISPOSITIVE,
BUT RATHER THE WRITTEN DESCRIPTIONS OF THE SCOPE OF THESE
INVESTIGATIONS IS DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES THESE CASES HAVE BEEN ASSIGNED
INVESTIGATION NUMBERS:

BRAZIL A-351-838
ECUADOR A-331-802
INDIA A-533-840
THAILAND A-549-822
THE PEOPLE'S REPUBLIC OF CHINA A-570-893
THE SOCIALIST REPUBLIC OF VIETNAM A-552-802

4. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI AT OFFICE OF AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, AT (202) 482-0984 (GENERATED BY G1O2:
JEP)

5. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

CATHY SAUCEDA