AD: Ecuador Frozen Warmwater Shrimp
The International Trade Administration has issued a notice announcing that it is revoking the antidumping duty order on frozen warmwater shrimp from Ecuador as a result of its determination under Section 129 of the Uruguay Round Agreements Act (URAA) regarding the offsetting of dumped sales with non-dumped sales ("zeroing") when making average-to-average comparisons of export price and normal value in the investigation challenged by Ecuador before the World Trade Organization.
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AD Duty Order Revoked Effective August 15, 2007
As a result of the ITA's determination under Section 129, all of the recalculated margins are either zero or de minimis. Accordingly, the ITA is revoking this order effective August 15, 2007.
The ITA will instruct U.S. Customs and Border Protection (CBP) to liquidate, without regard to AD duties, entries of the subject merchandise with a time of entry on or after August 15, 2007, and to discontinue collection of cash deposits of AD duties.
(Section 129 of the URAA governs the nature and effect of determinations issued by the ITA to implement findings by WTO dispute settlement panels and the Appellate Body.
In January 2007, the WTO issued the report of the dispute settlement panel on the case "U.S.-Anti-dumping measure on shrimp from Ecuador" (DS335), in which the panel concluded that the U.S. Department of Commerce acted inconsistently with the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 in its practice of "zeroing" negative AD margins.)
(See ITT's Online Archives or 01/31/07 news, 07013199 2, for BP summary of the WTO dispute settlement panel's finding. See ITT's Online Archives or 02/02/05 news, 05020240, for BP summary of the ITA's amended final determination and AD duty order for frozen warmwater shrimp from Ecuador.
See ITT's Online Archives or 01/29/07 news, 07012930, for BP summary of the ITA's notice to eliminate "zeroing" in current, future, and pending average-to-average AD investigations as of February 22, 2007. See ITT's Online Archives or 02/01/07 news, 07020125, for BP summary of the WTO Appellate Body's finding that the U.S.' use of "zeroing" is also impermissible in AD administrative reviews, new shipper reviews, etc.)
ITA contact - David Goldberger (202) 482-4136
ITA notice (FR Pub 08/23/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-16686.pdf