MESSAGE NO: 4247202 DATE: 09 03 2004
CATEGORY: ADA TYPE: PRE
REFERENCE: 4224216 REFERENCE DATE: 08 11 2004
CASES: A - 351 - 838 - -
- - - -
- - - -

PERIOD COVERED: 08 30 2004 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: AMENDED PRELIM. DETERMINATION - AD DUTY INVESTIGATION
OF CERTAIN FR0ZEN AND CANNED WARMWATER SHRIMP-BRAZIL
(A-351-838-000 AND A-351-838-002) SEE ALSO MSG 4217202

1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER ON 08/30/2004 ITS AMENDED PRELIMINARY
DETERMINATION OF SALES AT LESS THAN FAIR VALUE IN THE
ANTIDUMPING DUTY INVESTIGATION OF CERTAIN FROZEN AND
CANNED WARMWATER SHRIMP FROM BRAZIL. THIS IS AN
AMENDMENT TO MESSAGE 4224216 DATED 08/11/2004.

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. THE DEPARTMENT HAS REVISED ITS MARGIN CALCULATION FOR
EMPRESA DE ARMAZENAGEM FRIGORIFICA LTDA (EMPAF) AND ITS
AFFILIATE MARICULTURA NETUNO S.A. (MARICULTURA) DUE TO A
MINISTERIAL ERROR. THEREFORE, FOR IMPORTS OF CERTAIN FROZEN
AND CANNED WARMWATER SHRIMP FROM BRAZIL PRODUCED/EXPORTED BY
EMPAF MARICULTURA, CBP SHALL SUSPEND LIQUIDATION OF SUCH
SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON
OR AFTER AUGUST 30, 2004. EFFECTIVE AUGUST 30, 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/AD VALOREM
EXPORTER NUMBER PERCENTAGE

EMPRESA DE ARMAZENAGEM
FRIGORIFICA LTDA (EMPAF)
AND ITS AFFILIATE
MARICULTURA NETUNO S.A.
(MARICULTURA) A-351-838-002 12.86%

ALL OTHERS A-351-838-000 23.66%

5. 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.

6. THE MARGINS FOR CENTRAL DE INDUSTRIALIZACAO E DISTRIBUICAO DE
ALIMENTOS LTD.(CIDA) AND NORTE PESCA S.A. CONTINUE TO BE THOSE
STATED IN MESSAGE 4217202 DATED 08/04/2004.

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, OFFICE 2 IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE,
AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY (GENERATED
BY G1O2:KJ).

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

CATHY SAUCEDA