AD: China and Vietnam Certain Frozen and Canned Warmwater Shrimp

See the lists below for the names of section A respondents from China and Vietnam that have been granted separate rates:

Scope of the Investigations Determinations

The ITA states that it received many comments and submissions regarding a multitude of scope issues, including: (1) Fresh (never frozen) shrimp, (2) Ocean Duke's seafood mix, (3) salad shrimp sold in counts of 250 pieces or higher, (4) Macrobrachium rosenbergii, organic shrimp, (5) peeled shrimp used in breading, (6) dusted shrimp, and (7) battered shrimp.

According to the ITA, it has made the following determinations with respect to these comments and submissions:

(a) The ITA determines that fresh (never frozen) shrimp should not be added to the scope of these investigations.

(b) With respect to Ocean Duke's seafood mix, salad shrimp sold in counts of 250 pieces or higher, Macrobrachium rosenbergii, organic shrimp and peeled shrimp used in breading, the ITA states that it determines that Ocean Duke's seafood mix is excluded from the scope of the investigations; however, salad shrimp sold in counts of 250 pieces or higher, Macrobrachium rosenbergii, organic shrimp, and peeled shrimp used in breading are included within the scope of the investigations.

(c) With respect to dusted shrimp and battered shrimp, the ITA preliminarily finds that battered shrimp falls within the meaning of the breaded shrimp exclusion identified in the scope of these proceedings¹; however, there is insufficient evidence to consider that shrimp which has been dusted also falls within this exclusion.

The ITA states that it is prepared to exclude dusted shrimp from the scope of the investigation, if a clear, administrable definition of dusted shrimp can be developed, and is seeking comments from interested parties on this issue.

¹ The ITA has added a footnote to the scope of these investigations to clarify its finding that the breaded shrimp exclusion includes battered shrimp. In all other respects the scope of these investigations is unchanged from the initiation notices.

Postponement of Final AD Duty Determinations

The ITA states that it is postponing its final AD duty determinations for subject merchandise from China and Vietnam until no later than 135 days after July 16, 2004.

(See ITA notice for more information on the scope, comment submission requirements, a negative critical circumstances determination for subject merchandise from Vietnam, etc. See ITT's Online Archives or 01/28/04 news, 04012845 for BP summary of the initiation of the AD duty investigations of subject merchandise from Brazil, Ecuador, India, Thailand, China, and Vietnam.)

China and Vietnam ITA notices (FR Pub 07/16/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-16110.pdf and, http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-16111.pdf, respectively.

BP Note

The ITA states that in a May 24, 2004 Federal Register notice announcing the postponement of the preliminary AD determinations for Brazil, Ecuador, India, Thailand, China and Vietnam, it incorrectly listed the case number for Vietnam as A-503-822.

(See ITT's June 1, 2004 news, 04060150 for BP summary reflecting this error. See ITT's Online Archives version of 04060150, which has been corrected for this error.)