MESSAGE NO: 4362201 DATE: 12 27 2004
CATEGORY: ADA TYPE: FIN
REFERENCE: REFERENCE DATE:
CASES: A - 351 - 838 - -
- - - -
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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 BRAZIL (A-351-838)

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 BRAZIL.

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-351-838.

4. FOR IMPORTS OF CERTAIN FROZEN AND CANNED WARMWATER SHRIMP
FROM BRAZIL, 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, OR IN
THE CASE OF EMPRESA DE ARMAZENAGEM FRIGORIFICA LTDA. (EMPAF) AND
MARICULTURA NETUNO SA.,AUGUST 30, 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 CBP ID MARGIN/
EXPORTER NUMBER AD VALOREM
PERCENTAGE
CENTRAL DE INDUSTRIALIZACAO
E DISTRIBUICAO DE
ALIMENTOS LTD.(CIDA)/ A-351-838-001 9.69%
CIA EXPORTADORA DE
PRODUTOS DO MAR (PRODUMAR)

EMPRESA DE ARMAZENAGEM
FRIGORIFICA LTDA (EMPAF)/
MARICULTURA NETUNO S.A. A-351-838-002 10.70%
(MARICULTURA)

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

All OTHERS A-351-838-000 10.40%


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:RF).

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

CATHY SAUCEDA