AD: China and Vietnam Frozen/Canned Warmwater Shrimp

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

Revised Scope of Investigation

The scope of these investigations are identical for both countries and have been revised in the same manner. The revised scope is transcribed below, as follows:

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,⁵ 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 investigations, 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 this 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 this 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); and (5) dried shrimp and prawns.

The products covered by this investigation are currently classified under the following HTS number: 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 HTS numbers are provided for convenience and for customs purposes only and are not dispositive, but rather the written descriptions of the scope of this investigation is dispositive.

⁵Tails'' in this context means the tail fan, which includes the telson and the uropods.

Scope of the Investigation Decisions

The ITA has issued nine decisions (on the dates in parenthesis) regarding the scope of the merchandise covered by this investigation. In these decisions, the ITA:

1. declined to expand the scope of this investigation to include fresh (never frozen) shrimp (05/21/04);

2. found that, pursuant to a request from Ocean Duke, its Seafood Mix'' is excluded from the scope of this investigation (07/02/04);

3. found that salad shrimp, sold in counts of 250 pieces or higher, are included within the scope of the this investigation (07/02/04);

4. found Macrobrachium Rosenbergii and organic shrimp are included within the scope of this investigation (07/02/04);

5. found that peeled shrimp are included within the scope of this investigation (07/02/04);

6. found that shrimp sauce is excluded from the scope of this investigation (11/29/04);

7. found Xian-Ning Seafood Co., Ltd.'s scampi shrimp is included within the scope of this investigation (11/29/04);

8. found certain dusted shrimp⁶ are outside the scope of this investigation (11/29/04); and

9. found certain battered shrimp⁷ are outside the scope of this investigation (11/29/04).

⁶ Dusted shrimp is a shrimp-based product that (1) 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) So that the entire surface of the shrimp

flesh is thoroughly and evenly coated with the flour; and (4) The non-shrimp content of

the end product constitutes between 4 to 10 percent of the product's total weight after

being dusted, but prior to being frozen; and (5) Is subjected to IQF freezing

immediately after application of the dusting layer.

⁷ 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.

¹Also known as Camimex and Seafood Factory No. 4.

²Not a separate rate (subject to Vietnam-wide rate).

³Also known as Minh Phu Seafood Export-Import Corporation, Minh Phu, Minh Phu Seafood Pte., Minh Qui Seafood Co. Ltd., Minh Qui, Minh Phat Seafood Co. Ltd. & Minh Phat.

⁴Also known as Seaprodex Minh Hai.

(superscripts 5-7 previously listed/ superscripts 8-9 are not used)

¹⁰Also known as Amanda VN & Amanda.

¹¹Also known as APT and A.P.T. Co.

¹²Also known as Bac Lieu, BACLIEUFIS, Bac Lieu Fis, Bac Lieu Fisheries Co. Ltd., Bac

Lieu Fisheries Limited Company & Bac Lieu Fisheries Company Ltd.

¹³Also known as COFIDEC.

¹⁴Also known as Cadovimex.

¹⁵Also known as Cam Ranh.

¹⁶Also known as Cataco, Duyen Hai Foodstuffs Processing Factory, Caseafood,

Coseafex & Cantho Seafood Export.

¹⁷Also known as Cafatex, Cafatex Vietnam, Xi Nghiep Che Bien Thuy Suc San Xuat

Khau Can Tho, CAS, CAS Branch, Cafatex Saigon, Cafatex Fishery Joint Stock

Corporation, Cafatex Corporation & Taydo Seafood Enterprise.

¹⁸Also known as Cuu Long Seapro.

¹⁹Also known as Seaprodex Danang, Tho Quang Seafood Processing and Export

Company & Tho Quang.

²⁰Also known as Seaprodex Hanoi.

²¹Also known as INCOMFISH, Investment Commerce Fisheries Corp., INCOMFISH

Corp. & INCOMFISH Corporation.

²²Also known as KISIMEX, Kien Giang Seaproduct Import & Export Company, Kien

Giang Seaproduct Import and Export Company, Kien Giang Seaproduct Import Export

Co., Kien Giang Sea Product Import & Export Co., Kien Giang Sea Product Import

and Export Company, Kien Giang Sea Product Import & Export Company, Kien Giang

Sea Product Import & Export Co., & Kien Giang Sea Product Im. & Ex. Co.

²³Also known as Minh Hai Jostoco.

²⁴Also known as Seaprimexco.

²⁵Also known as Nha Trang Fisco & Nhatrang Fisco.

²⁶Also known as Nha Trang Seafoods.

²⁷Also known as Pataya VN.

²⁸Also known as Phu Cuong Seafoods Processing Import-Export Company Ltd., Phu

Cuong Co., Phu Cuong, Phu Cuong Seafood Processing & Import-Export Co. Ltd.,

Phu Cuong Seafood Processing, Phu Cuong Co. Ltd. & Phu Cuong Seafood

Processing Import & Export Company Limited.

²⁹Also known as Fimex VN, Saota Seafood Factory and Sao Ta Seafood Factory.

³⁰Also known as STAPIMEX.

³¹Also known as Song Huong ASC Joint Stock Company, SOSEAFOOD, ASC, Song

Huong Import Export Seafood Joint Stock Company, Song Huong Import-Export

Seafood Joint Stock Company, Song Huong Import Export Seafood Company, Song

Huong Import-Export Company, Song Huong Seafood Import Export Co., Song

Huong Seafood Im-Export Co., SongHuong & Songhuong Joint Stock Company.

³²Also known as Frozen Seafoods Factory No. 32.

³³Also known as UTXI, UTXI Co. Ltd., UT XI Aquatic Products Processing Company &

UT-XI Aquatic Products Processing Company.

³⁴Also known as Viet Foods, Nam Hai Exports Food Stuff Limited, Nam Hai Export

Foodstuff Company Ltd., Vietfoods Co. Ltd., Viet Foods Company Limited &

Vietfoods Company Limited.

³⁵Also known as Vietnam FishOne, Vietnam Fish-One Company Co. Ltd., Vietnam Fish-

One, Vietnam Fish-One Co. Ltd., Vietnam Fish One Co. Ltd., Vietnam Fish One

Company Limited & Vietnam Fish-One Company Limited.

³⁶Also known as VIMEXCO, Vinh Loi Import/Export Co., VIMEX, VinhLoi Import Export

Company & Vinh Loi Import-Export Company.

(See ITA notice for further information. See ITT's Online Archives or 07/19/04 news, 04071940 for BP summary of preliminary determinations.)

China ITA notice (FR Pub 12/08/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-26976.pdf

Vietnam ITA notice (FR Pub 12/08/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-26977.pdf