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 China, India, Thailand, and Vietnam were instituted on May 2, 2022.

On August 5, 2022, the Commission voted to conduct full reviews. With respect to India, Thailand, and Vietnam, Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that both the domestic and the respondent group responses were adequate and voted for full reviews. With respect to China, Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel 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.

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of frozen warmwater shrimp from China, Ecuador, India, Indonesia, Malaysia, Thailand, and Vietnam that are allegedly subsidized.

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

As a result of the Commission's affirmative determinations, the U.S. Department of Commerce will continue to conduct its investigations on imports of these products, with its preliminary countervailing duty determinations due on or about March 25, 2013.

The Commission's public report Frozen Warmwater Shrimp from China, Ecuador, India, Indonesia, Malaysia, Thailand, and Vietnam (Investigation Nos. 701-TA-491-497 (Preliminary), USITC Publication 4380, February 2013) will contain the views of the Commission and information developed during the investigations.

Copies of the report are expected to be available after March 11, 2013, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.

UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436

FACTUAL HIGHLIGHTS

Frozen Warmwater Shrimp from China, Ecuador, India, Indonesia, Malaysia, Thailand, and Vietnam
Investigation Nos. 701-TA-491-497 (Preliminary)

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:  Preliminary countervailing duty.
2. Petitioner:  Coalition of Gulf Shrimp Industries, Biloxi, MS.
3. Preliminary investigations instituted by the USITC:  December 28, 2012.
4. Commission's conference:  January 18, 2013.
5. USITC vote:  February 7, 2013.
6. USITC determinations to the U.S. Department of Commerce:  February 11, 2013.
7. USITC views to the U.S. Department of Commerce:  February 19, 2013.

U.S. Industry:

1. Number of producers (processors) in 2011:  58.
2. Location of producers' plants:  Alabama, California, Florida, Georgia, Illinois, Louisiana,
       Mississippi, South Carolina, Texas.
3. Employment of production and related workers in 2011:  1,922.
4. Apparent U.S. consumption in 2011:  1.3 billion pounds.
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2011:  87.6 percent.

U.S. Imports:

1. From the subject countries during 2011:  $4.3 billion (86 percent of total U.S. import
       value).
2. From other countries during 2011:  $681.6 million (14 percent of total U.S. import value).
3. Leading sources during 2011:  Thailand, Indonesia, Ecuador, India, Vietnam, Mexico,
       Malaysia, China (in terms of total value).