MESSAGE NO: 5041202 DATE: 02 10 2005
CATEGORY: ADA TYPE: LIQ
REFERENCE: 4362201 REFERENCE DATE: 12 27 2004
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: AMENDED FINAL DETERMINATION, LIQUIDATION, AND
ANTIDUMPING DUTY ORDER IN THE INVESTIGATION OF CERTAIN
FROZEN WARMWATER SHRIMP FROM BRAZIL (A-351-838)

1. ON FEBRUARY 1, 2005, THE DEPARTMENT OF COMMERCE WILL
PUBLISH IN THE FEDERAL REGISTER ITS AMENDED FINAL DETERMINATION
AND ANTIDUMPING DUTY ORDER, IN THE INVESTIGATION OF CERTAIN
FROZEN WARMWATER SHRIMP FROM BRAZIL. THIS IS AN AMENDMENT TO
MESSAGE 4362201 DATED 12/17/2004.

2. THE SCOPE OF THIS ORDER INCLUDES CERTAIN WARMWATER SHRIMP
AND PRAWNS, WHETHER FROZEN, 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 FORM.

THE FROZEN WARMWATER SHRIMP AND PRAWN PRODUCTS INCLUDED IN THE
SCOPE OF THIS ORDER, REGARDLESS OF DEFINITIONS IN THE HARMONIZED
TARIFF SCHEDULE OF THE UNITED STATES (HTS), ARE PRODUCTS WHICH
ARE PROCESSED FROM WARMWATER SHRIMP AND PRAWNS THROUGH FREEZING
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 THIS ORDER. 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 THIS ORDER.

EXCLUDED FROM THE SCOPE ARE: 1) BREADED SHRIMP AND PRAWNS (HTS
SUBHEADING 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 (HTS SUBHEADINGS 0306.23.00.20
AND 0306.23.00.40); 4) SHRIMP AND PRAWNS IN PREPARED MEALS (HTS
SUBHEADING 1605.20.05.10); 5) DRIED SHRIMP AND PRAWNS; 6) CANNED
WARMWATER SHRIMP AND PRAWNS (HTS SUBHEADING 1605.20.10.40);
7) CERTAIN DUSTED SHRIMP; AND 8) CERTAIN 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 TEN PERCENT OF THE PRODUCT'S TOTAL WEIGHT AFTER BEING DUSTED,
BUT PRIOR TO BEING FROZEN; AND 5) THAT IS SUBJECTED TO
INDIVIDUALLY QUICK FROZEN (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 ORDER ARE CURRENTLY CLASSIFIED UNDER
THE FOLLOWING HTS 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, AND 1605.20.10.30. THESE HTS SUBHEADINGS ARE
PROVIDED FOR CONVENIENCE AND FOR CUSTOMS PURPOSES ONLY AND ARE
NOT DISPOSITIVE, BUT RATHER THE WRITTEN DESCRIPTION OF THE SCOPE
OF THIS ORDER IS DISPOSITIVE.

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

4. FOR IMPORTS OF CERTAIN FROZEN WARMWATER SHRIMP FROM BRAZIL,
CUSTOMS AND BORDER PROTECTION 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 S.A., AUGUST 30, 2004. EFFECTIVE
FEBRUARY 1, 2005, CBP SHALL REQUIRE A CASH DEPOSIT EQUAL TO
THE MARGINS SHOWN BELOW:

MFR/PRODUCER CBP MARGIN
EXPORTER ID NUMBER PERCENTAGE
RATE

CENTRAL DE INDUSTRIALIZACAO
E DISTRIBUICAO DE ALIMENTOS
LTDA. (CIDA)/CIA EXPORTADORA
DE PRODUTOS DO MAR
(PRODUMAR) A-351-838-001 4.97%

EMPRESA DE ARMAZENAGEM
FRIGORIFICA LTDA
(EMPAF)/MARICULTURA
NETUNO S.A. (MARICULTURA) A-351-838-002 7.94%


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

ALL OTHERS A-351-838-000 7.05


THE ALL OTHERS RATE APPLIES TO ALL ENTRIES OF SUBJECT MERCHANDISE
FROM BRAZIL EXCEPT FOR ENTRIES FROM EXPORTERS THAT ARE IDENTIFIED
INDIVIDUALLY ABOVE.

6. ON JANUARY 21, 2005, THE INTERNATIONAL TRADE COMMISSION
(ITC) NOTIFIED THE DEPARTMENT OF ITS FINAL DETERMINATION THAT TWO
DOMESTIC LIKE PRODUCTS EXIST FOR THE MERCHANDISE COVERED BY THE
DEPARTMENT'S INVESTIGATION: 1) CERTAIN NON-CANNED WARMWATER
SHRIMP AND PRAWNS; AND 2) CANNED WARMWATER SHRIMP AND PRAWNS.
THE ITC DETERMINED THAT IMPORTS OF CANNED WARMWATER SHRIMP AND
PRAWNS FROM BRAZIL ARE NEGLIGIBLE; THEREFORE, CANNED WARMWATER
SHRIMP AND PRAWNS ARE NOT COVERED BY THIS ANTIDUMPING DUTY ORDER.

FIELD OFFICES SHOULD DISCONTINUE SUSPENSION OF LIQUIDATION OF ALL
SHIPMENTS OF CANNED WARMWATER SHRIMP AND PRAWNS ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER AUGUST 4,
2004. ALL ESTIMATED ANTIDUMPING DUTIES DEPOSITED ON ENTRIES OF
THIS MERCHANDISE SHALL BE REFUNDED AND THE BONDS OR OTHER
SECURITY RELEASED AT THE TIME OF LIQUIDATION. INTEREST PROVISIONS
OF SECTION 778 OF THE TARIFF ACT OF 1930 DO NOT APPLY.

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
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577, RESPECTIVELY (GENERATED BY O1:KJ).

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