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Frozen Warmwater Shrimp

May 2, 2017

News Release 17-063

Inv. No(s). 701-TA-1063-1064 and 1066-1068 (Second Review)

Contact: Peg O'Laughlin , 202-205-1819

USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and Vietnam

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of frozen warmwater shrimp from China, India, Thailand, and Vietnam would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.  The Commission further determined that revoking the existing antidumping duty order on imports of this product from Brazil would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

As a result of the Commission’s affirmative determinations, the existing antidumping duty orders on imports of this product from China, India, Thailand, and Vietnam will remain in place. As a result of the Commission’s negative determination, the existing antidumping duty order on imports of this product from Brazil will be revoked.

Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson, Meredith M. Broadbent, and F. Scott Kieff voted in the affirmative with respect to China, India, Thailand, and Vietnam and in the negative with respect to Brazil. 

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act.  See the attached page for background on these five-year (sunset) reviews.

The Commission’s public report Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and Vietnam, Inv. Nos. 731-TA-1063-1064 and 1066-1068 (Second Review), USITC Publication 4688, May 2017) will contain the views of the Commission and information developed during the reviews.

The report will be available by June 15, 2017; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.


BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.

The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information.  Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review.  If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews.  Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.

The five-year (sunset) reviews concerning Frozen Warmwater Shrimp from Brazil China, India, Thailand, and Vietnam were instituted on March 1, 2016.

On June 6, 2016, the Commission voted to conduct full reviews.  With respect to Brazil, India, Thailand, and Vietnam, all six Commissioners concluded that both the domestic and the respondent group responses were adequate and voted for full reviews.  With respect to China, all six Commissioners concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.

A record of the Commission’s vote to conduct full reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  Requests may be made by telephone by calling 202-205-1802.

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June 6, 2016

News Release 16-062

Inv. No(s). 731-TA-1063-1064 and 1066-1068 (Second Review)

Contact: Peg O'Laughlin , 202-205-1819

USITC Will Conduct Full Five-Year (Sunset) Reviews Concerning Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and Vietnam

The U.S. International Trade Commission (USITC or Commission) has voted to conduct full five-year (“sunset”) reviews concerning the antidumping duty orders on frozen warmwater shrimp from Brazil, China, India, Thailand, and Vietnam.

As a result of these votes, the Commission will conduct full reviews to determine whether revocation of the orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.

The Commission’s notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent information.  Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review.  If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

With respect to Brazil, India, Thailand, and Vietnam, all six Commissioners concluded that both the domestic and the respondent group responses were adequate and voted for full reviews.  With respect to China, all six Commissioners concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.

A record of the Commission’s votes on these matters is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC  20436.  Requests may be made by telephone by calling 202-205-1802. 

The record of the Commission's votes is also posted on the USITC's Internet site at http://pubapps2.usitc.gov/sunset/caseProf/list?sort=caseTitle&order=asc.  From this page, search "frozen warmwater shrimp" using the search box in the upper right corner.

The Federal Register notice will indicate whether any further information or statements will be available.  The Commission will issue a report after it completes its reviews.

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September 20, 2013

News Release 13-091

Inv. No(s). 701-TA-491-493, 495, and 497 (Final)

Contact: Peg O'Laughlin , 202-205-1819

Frozen Warmwater Shrimp from China, Ecuador, India, Malaysia, and Vietnam Does Not Injure U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is neither materially injured nor threatened with material injury by reason of imports of frozen warmwater shrimp from China, Ecuador, India, Malaysia, and Vietnam that the U.S. Department of Commerce (Commerce) has determined are subsidized.

Commissioners Daniel R. Pearson, Dean A. Pinkert, David S. Johanson, and Meredith M. Broadbent voted in the negative. Chairman Irving A. Williamson and Commissioner Shara L. Aranoff voted in the affirmative.

As a result of the USITC's negative determinations, Commerce will not issue countervailing duty orders on imports of these products from China, Ecuador, India, Malaysia, and Vietnam.

The Commission's public report Frozen Warmwater Shrimp from China, Ecuador, India, Malaysia, and Vietnam (Investigation Nos. 701-TA-491-493, 495, and 497 (Final), USITC Publication 4429, October 2013) will contain the views of the Commissioners and information developed during the investigations.

Copies may be obtained after October 22, 2013, by emailing pubrequest@usitc.gov, calling 202- 205-2000, or by writing the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be made by fax to 202-205-2104.


FACTUAL HIGHLIGHTS

Frozen Warmwater Shrimp from China, Ecuador, India, Malaysia, and Vietnam
Investigation Nos. 701-TA-491-493, 495, and 497 (Final)

Product Description: Certain frozen warmwater shrimp and prawns, whether wild-caught (ocean
harvested) or farm-raised (produced by aquaculture), head-on or head-off, shell-on or peeled, tail-
on or tail-off, deveined or not deveined, cooked or raw, or otherwise processed in frozen form,
regardless of size. The products described may be processed from any species of warmwater
shrimp and prawns. Frozen shrimp and prawns that are packed with marinade, spices or sauce are
included in the scope. In addition, food preparations (including dusted shrimp), which are not
"prepared meals," that contain more than 20 percent by weight of shrimp or prawn are also
included in the scope. Excluded from the scope are: (1) breaded shrimp and prawns; (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; (4)
shrimp and prawns in prepared meals; (5) dried shrimp and prawns; (6) canned warmwater shrimp
and prawns; and (7) certain "battered shrimp." The predominant end-use for warmwater shrimp
and prawns is human consumption.

Status of Proceedings:

1. Type of investigations:  Final countervailing duty.
2. Petitioner: Coalition of Gulf Shrimp Industries, Biloxi, MS.
3. Investigations instituted by the USITC: December 28, 2012.
4. USITC hearing: August 13, 2013.
5. USITC vote: September 20, 2013.
6. USITC notification to the U.S. Department of Commerce: October 1, 2013.

U.S. Industry:

1. Number of producers (processors) in 2012: 48.
2. Location of producers' plants:  Alabama, Florida, Georgia, Illinois, Louisiana, Mississippi,
   North Carolina, South Carolina, Texas.
3. Employment of production and related workers in 2012: 2,050.
4. Apparent U.S. consumption in 2011: 1.3 billion pounds.
5. Ratio of the value of subject imports to apparent U.S. consumption in 2011: 35.7 percent.

U.S. Imports in 2012:

1. From the subject countries during 2012:  $1.9 billion.
2. From other countries during 2012:  $2.4 billion.
3. Leading sources during 2012: Thailand, Indonesia, India, Ecuador, Vietnam, Malaysia,
   China, Mexico (in terms of total value).

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