Shrimp: Commerce Issues Final CVD Determinations for Ecuador, India, Vietnam, Not Indonesia
The Commerce Department issued its final determinations in its countervailing duty investigations on frozen warmwater shrimp from Ecuador (C-331-806), India (C-533-921) and Vietnam (C-552-838). Suspension of liquidation is currently not in effect for entries on or after July 30, 2024, and Commerce will require cash deposits of estimated CVD on future entries only if it issues a CV duty order.
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Commerce also issued a negative final determination for frozen warmwater shrimp from Indonesia (C-560-843), finding no illegal subsidization of exporters in that country. Commerce also found no countervailable subsidization in its preliminary determination, so liquidation was never suspended under the CVD investigation on frozen warmwater shrimp from Indonesia, and CVD cash deposits weren't collected. Shrimp from Indonesia remains subject to suspension of liquidation and cash deposit requirements pursuant to the ongoing antidumping duty investigation (except for merchandise produced and exported by Bahari Makmur Sejati, which is exempt due to its zero AD rate).
Before Commerce issues a CV 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 also issued a final determination in its concurrent AD duty investigation on frozen warmwater shrimp from Indonesia, setting AD rates at zero to 3.9% (see 2410280023).
CV Susp/Cash Deposit Through Dec. 11
For now, Commerce has instructed CBP to continue the suspension of liquidation of subject merchandise from Ecuador, India and Vietnam entered April 1, 2024, the date of Commerce's preliminary determinations, through July 29, 2024.
CV Liq Reinstated and No CV Cash Deposit as of July 30
Commerce previously instructed CBP to discontinue the suspension of liquidation for CVD purposes and the collection of CVD cash deposits for subject merchandise from Ecuador, India and Vietnam entered on or after July 30, the expiration date of the 120-day “provisional measures” period during which Commerce can suspend liquidation without a CVD order in place.
CV Liq to Be Suspended Again and CV Cash Deposit Required If Order Issued
Commerce will issue a CV duty order, reinstate the CV duty suspension of liquidation for all Ecuadorian, Indian and Vietnamese exporters, and require a cash deposit of estimated CV duties for entries of subject merchandise at the revised CV rates listed below if the ITC issues a final affirmative injury determination.
Ecuador
| Company | CV Rate |
|---|---|
| Industrial Pesquera Santa Priscila S.A., Manesil S.A., Produmar S.A., Tropack S.A., and Egidiosa S.A. | 3.57% |
| Sociedad Nacional de Galapagos C.A., Naturisa S.A., Holding Sola & Sola Solacciones S.A., and EmpacadoraChampmar S.A. | 4.41% |
| All Others | 3.78% |
India
| Producer/Exporter | CV Rate |
|---|---|
| Devi Sea Foods Limited, Devi Seafoods Inc, and Devee Horizon LLP | 5.87% |
| Sandhya Aqua Exports Pvt. Ltd., Neeli Sea Foods Private Limited, Vijay Aqua Processors Private Limited, and Neeli AquaFarms | 5.63% |
| All Others | 5.77% |
Vietnam
| Producer/Exporter | CV Rate |
|---|---|
| Soc Trang Seafood Joint Stock Company | 2.84% |
| Thong Thuan Company Limited | 221.82% |
| All Others | 2.84% |
(Note that there is no CV duty liability, and no CV duties will be assessed, on entries during the “gap period” of July 30 until the date an ITC final affirmative injury determination is published in the Federal Register.)
(The period of investigation for Ecuador, Indonesia and Vietnam is 01/01/22 - 12/31/22, and for India it's 04/01/22 - 03/31/23. See Commerce's notice for more information, including the scope of the order (unchanged), detailed instructions on cash deposit and assessment rates, changes since the preliminary determination, etc. See 2403290027 for a summary of the preliminary determination of this investigation, and 2404240028 for amended rates for Ecuador.)