MESSAGE NO: 4226202 DATE: 08 13 2004
CATEGORY: ADA TYPE: PRE
REFERENCE: REFERENCE DATE:
CASES: A - 533 - 840 - -
- - - -
- - - -

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 FROZEN AND CANNED
WARMWATER SHRIMP FROM INDIA (A-533-840)

1. ON AUGUST 4, 2004, THE DEPARTMENT OF COMMERCE WILL PUBLISH IN
THE FEDERAL REGISTER ITS PRELIMINARY DETERMINATION OF SALES AT
LESS THAN FAIR VALUE, THE POSTPONEMENT OF THE FINAL
DETERMINATION, AND AFFIRMATIVE PRELIMINARY DETERMINATION OF
CRITICAL CIRCUMSTANCES FOR HINDUSTAN LEVER LIMITED (HLL) IN THE
ANTIDUMPING DUTY INVESTIGATION OF CERTAIN FROZEN AND CANNED
WARMWATER SHRIMP FROM INDIA.

2. THE SCOPE OF THIS INVESTIGATION 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 (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-533-840.

4. BECAUSE CRITICAL CIRCUMSTANCES EXIST FOR IMPORTS OF CERTAIN
FROZEN AND CANNED WARMWATER SHRIMP FROM INDIA BY HLL, THE CUSTOMS
AND BORDER PROTECTION SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS
BY HLL ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR
AFTER MAY 6 2004, WHICH IS 90 DAYS PRIOR TO THE DATE OF
PUBLICATION OF THE PRELIMINARY DETERMINATION IN THE FEDERAL
REGISTER. FOR CUSTOMS REPORTING PURPOSING HINDUSTAN LEVER LIMITED
(HLL) HAS BEEN ASSIGNED INVESTIGATIVE NUMBER: A-533-840-002.

5. FOR IMPORTS OF CERTAIN FROZEN AND CANNED WARMWATER SHRIMP
FROM INDIA BY ALL PRODUCERS/EXPORTERS OTHER THAN HLL, THE BUREAU
OF CUSTOMS AND BORDER PROTECTION SHALL SUSPEND LIQUIDATIONS OF
SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER AUGUST 4, 2004. EFFECTIVE AUGUST 4, 2004
CUSTOMS SHALL REQUIRE, FOR SUCH ENTRIES, A CASH DEPOSIT OR THE
POSTING OF A BOND EQUAL TO THE MARGINS SHOWN BELOW:
MFR/PRODUCER
EXPORTER CUSTOMS ID NUMBER PERCENTAGE

DEVI SEA FOODS LIMITED A-533-840-001 3.56
HINDUSTAN LEVER LIMITED A-533-840-002 27.49
NEKKANTI SEAFOODS LIMITED A-533-840-003 9.16
ALL OTHERS A-533-840-000 14.20

6. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION 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.

7. IF THERE ARE ANY QUESTIONS 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 O2:NZ.

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

CATHY SAUCEDA