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AD: Brazil Certain Frozen Warmwater Shrimp

The International Trade Administration has issued its final results of the antidumping duty administrative review of certain frozen warmwater shrimp from Brazil for the period of February 1, 2006 through January 31, 2007.

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AD Cash Deposit Instructions for a Time of Entry on or after 07/11/08:

Company
48.60%
67.80%
48.60%
67.80%
(a),(b),(c)

(a) For previously investigated companies not listed in the notice, the AD duty cash deposit rate will continue to be the company-specific rate published for the most recent period;

(b) If the exporter is not a firm covered in this review, or the AD investigation, but the manufacturer is, the AD duty cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and

(c) The AD duty cash deposit rate for all other manufacturers or exporters will continue to be 7.05%, the all-others rate established in the AD investigation.

List of Separate Rate Respondents (AD Rate of 48.60%)

Aquatica Maricultura do Brasil Ltda./Aquafeed do Brasil Ltda.

Central de Industrializacao e Distribuicao de Alimentos Ltda. (CIDA) and Cia Exportadora de Produtos do Mar (Produmar)

Ipesca - Industria de Frio e Pesca S.A.

Intermarine Servicos Nauticos Ltda.

JK Pesca Ltda.

Pesqueira Maguary Ltda.

List of AFA Respondents (AD Rate of 67.80%)

Acarau Pesca Distr. de Pescado Imp. e Exp. Ltda.

Aquacultura Fortaleza Aquafort SA

ITA Fish - S.W.F. Importacao e Exportacao Ltda.

Orion Pesca Ltda.

Santa Lavinia Comercio e Exportacao Ltda.

Secom Aquicultura Comercio E Industria SA

Tecmares Maricultura Ltda.

Assessment Instructions for the Review Period (02/01/06 - 01/31/07)

The ITA intends to issue assessment instructions to U.S. Customs and Border Protection 15 days after July 11, 2008. The ITA will instruct CBP to assess AD duties appropriate entries covered by this review if any importer-specific assessment rate calculated in the final results of this review is above de minimis. The ITA will instruct CBP to liquidate without regard to AD duties any entries for which the assessment rate is de minimis.

For the responsive companies which were not selected for individual review, the ITA has calculated an assessment rate based on the weighted average of the cash deposit rates calculated for the companies selected for individual review, excluding any which are de minimis or determined entirely on AFA.

The ITA adds that for entries of subject merchandise during the review period produced by companies included in these final results of review for which the reviewed companies did not know that the merchandise they sold to the intermediary (e.g., a reseller, trading company, or exporter) was destined for the U.S., the ITA will instruct CBP to liquidate unreviewed entries at the "all-others" rate established in the AD investigation if there is no rate for the intermediate company(ies) involved in the transaction. The ITA states that this will also apply to companies for which it is rescinding the review based on certifications of no shipments, because these companies certified that they made no shipments of subject merchandise during the review period for which they had knowledge of a U.S. destination. (See ITT's Online Archives or 06/02/03 news, 03060245, for BP summary of the ITA's May 2003 "automatic assessment" regulation.)

(See ITA notice for more information, including the scope of the order, the rescission of the review for Qualimar Comercio Imp. E Exp. Ltda., etc.

See ITT's Online Archives or 03/31/08 news, 08033140, for BP summary of the preliminary results of this review.)

ITA contact - Kate Johnson (202) 482-4929

ITA notice (FR Pub 07/11/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-15827.pdf