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Shrimp: Commerce Issues AD Final Determination for Indonesia, Ends Duties on Ecuador

The Commerce Department has published its final affirmative determination in the antidumping duty investigation on frozen warmwater shrimp from Indonesia (A-560-842). Changes to cash deposit requirements set in the final determination take effect Oct. 28.

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Commerce calculated a zero percent AD rate for Bahari Makmur Sejati in its final determination for Indonesia. As a result, Bahari Makmur Sejati will be exempt from any AD order issued in connection with this AD investigation, and isn't subject to any suspension of liquidation or cash deposit requirement for merchandise both produced and exported by the company.

Before Commerce issues an AD duty order, the International Trade Commission must find injury to U.S. industry in its final injury determination, currently due Dec. 5, Commerce said in a fact sheet. In the event of an ITC final determination of no injury, this investigation will be terminated with no duties imposed, and all cash deposits collected as a result of this investigation will be refunded.

Commerce's final negative determination in its AD investigation on frozen warmwater shrimp from Ecuador (A-331-805) -- a reversal from its preliminary affirmative determination -- means the agency will end its AD investigation on that country, and direct CBP to end AD suspension of liquidation for subject merchandise from Ecuador and refund any AD cash deposits collected. No AD order on frozen warmwater shrimp from Ecuador will be issued. Liquidation remains suspended for countervailing duty purposes, as a result of Commerce's final affirmative CVD determination on Ecuador, with CVD cash deposit rates set at 3.57% to 4.41%.

Commerce also is issuing its final determinations in the concurrent CVD investigation on frozen warmwater shrimp from India and Vietnam, setting CVD rates at 5.63% to 5.87% for Indian exporters, and 2.84% to 221.82% for Vietnamese exporters, though CVD cash deposit requirements are on hold as of July 30 pending the ITC's final injury determination (see 2410280026). Commerce also continued to find no countervailable subsidization for frozen warmwater shrimp from Indonesia, ending its CVD investigation on that country with no CVD imposed.

Estimated AD Cash Deposit Rates

Commerce will instruct CBP to continue to suspend liquidation for AD purposes and require cash deposits as of the dates listed below for all entries of subject merchandise from Indonesia. New cash deposit rates take may effect Oct. 28, as follows:

Exporter/ProducerAD Rate
PT Bahari Makmur Sejatizero
PT First Marine Seafoods/PT Khom Foods3.9%
All Others3.9%

(The period of investigation is 10/01/22 through 09/30/23. See Commerce’s notice for more information, including the scope of the investigation (unchanged), detailed instructions on cash deposit rates, etc. See 2405290044 for a summary of the preliminary determinations of these investigations.)