MESSAGE NO: 4217202 DATE: 08 04 2004
CATEGORY: ADA TYPE: PRE
REFERENCE: REFERENCE DATE:
CASES: A - 351 - 838 - -
- - - -
- - - -

PERIOD COVERED: 08 04 2004 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NOTICE OF A PRELIMINARY DETERMINATION IN AN ANTIDUMPING
DUTY INVESTIGATION OF CERTAIN FR0ZEN AND CANNED
WARMWATER SHRIMP FROM BRAZIL (A-351-838)

1. ON AUGUST 04, 2004, THE DEPARTMENT OF COMMERCE WILL PUBLISH
IN THE FEDERAL REGISTER ITS PRELIMINARY DETERMINATION OF SALES AT
LESS THAN FAIR VALUE AND THE POSTPONEMENT OF THE FINAL
DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF CERTAIN
FROZEN AND CANNED WARMWATER SHRIMP FROM BRAZIL.

2. FOR PURPOSES OF THIS INVESTIGATION, THE PRODUCTS COVERED ARE
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 (INCLUDING THE TELSON AND THE UROPODS), 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 INVESTIGATION, 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 INVESTIGATION. 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 INVESTIGATION.

EXCLUDED FROM THE SCOPE ARE (1) BREADED SHRIMP AND PRAWNS
(INCLUDING BATTERED SHRIMP) (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 U.S. CUSTOMS AND BORDER PROTECTION (CBP)
PURPOSES ONLY AND ARE NOT DISPOSITIVE, BUT RATHER THE WRITTEN
DESCRIPTION OF THE SCOPE OF THIS INVESTIGATION IS DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-351-838.

4. FOR IMPORTS OF CERTAIN FROZEN AND CANNED WARMWATER SHRIMP
FROM BRAZIL, CUSTOMS AND BORDER PROTECTION SHALL SUSPEND
LIQUIDATION OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER AUGUST 04, 2004.
EFFECTIVE AUGUST 04, 2004 CBP SHALL REQUIRE, FOR SUCH ENTRIES, A
CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE MARGINS SHOWN
BELOW:

MFR/PRODUCER CBP ID MARGIN/ADVALOREM
EXPORTER NUMBER PERCENTAGE

CENTRAL DE INDUSTRIALIZACAO
E DISTRIBUICAO DE ALIMENTOS
LTD. (CIDA) A-351-838-001 8.41%

EMPRESA DE ARMAZENAGEM
FRIGORIFICA LTDA. (EMPAF)
AND ITS AFFILIATES
(GRUPO NETUNO) A-351-838-002 0.00%

NORTE PESCA S.A. A-351-838-003 67.80%

ALL OTHERS A-351-838-000 36.91%


5. IN ACCORDANCE WITH T.D. 85-145, AT THE DESCRETION OF THE
CUSTOMS SERVICE, CUSTOMS OFFICERS MAY ACCEPT EITHER A
SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND OR A CONTINUOUS
BASIC IMPORTATION AND ENTRY BOND ONLY IF THE AMOUNT OF THE
ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTY IS LESS THAN FIVE
PERCENT AD VALOREM (OR THE EQUIVALENT). OTHERWISE, WHERE THE
IMPORTER HAS THE OPTION TO POST A BOND FOR ESTIMATED ANTIDUMPING
OR COUNTERVAILING DUTIES, CUSTOMS OFFICERS MUST REQUIRE A
SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND PURSUANT TO T.D.
85-145. YOU ARE INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D.
85-145 WITH RESPECT TO THESE BONDING REQUIREMENTS.

6. IF THERE ARE ANY QUESTION REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR
(202) 482-3577 RESPECTIVELY (GENERATED BY G1O2:RF).

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

CATHY SAUCEDA