MESSAGE NO: 4358208 DATE: 12 23 2004
CATEGORY: ADA TYPE: FIN
REFERENCE: REFERENCE DATE:
CASES: A - 331 - 802 - -
- - - -
- - - -

PERIOD COVERED: 12 23 2004 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NOTICE OF FINAL DETERMINATION IN THE ANTIDUMPING DUTY
INVESTIGATION OF CERTAIN FR0ZEN AND CANNED WARMWATER
SHRIMP FROM ECUADOR (A-331-802)

1. ON DECEMBER 23, 2004, THE DEPARTMENT OF COMMERCE WILL PUBLISH
IN THE FEDERAL REGISTER ITS FINAL DETERMINATION OF SALES AT LESS
THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF CERTAIN
FROZEN AND CANNED WARMWATER SHRIMP FROM ECUADOR.

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
(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); 5) DRIED SHRIMP AND
PRAWNS; 6) DUSTED SHRIMP; AND 7) 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 PERCENT 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 FOUR AND
10 PERCENT 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 PRODUCTS COVERED BY THIS INVESTIGATION 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 CUSTOMS
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-331-802.

4. FOR IMPORTS OF CERTAIN FROZEN AND CANNED WARMWATER SHRIMP
FROM ECUADOR, CUSTOMS AND BORDER PROTECTION (CBP) SHALL CONTINUE
TO SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER AUGUST 4, 2004.
EFFECTIVE DECEMBER 23, 2004, CBP SHALL REQUIRE, FOR SUCH ENTRIES,
A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE MARGINS
SHOWN BELOW:

MFR/PRODUCER CUSTOMS ID MARGIN
EXPORTER NUMBER PERCENTAGE

EXPORTADORA DE
ALIMENTOS S.A.(EXPALSA) A-331-802-001 2.62
EXPORKLORE S.A. A-331-802-002 2.35
PROMARISCO S.A. A-331-802-003 4.48
ALL OTHERS A-331-802-000 3.26

5. 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:GB).

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

CATHY SAUCEDA