On January 27, 2004, the International Trade Administration (ITA) initiated an antidumping (AD) duty investigation in regard to frozen and canned warmwater shrimp from Brazil, Ecuador, India, Thailand, China, and Vietnam. This investigation was initiated by a complaint filed by the Southern Shrimp Alliance in Antidumping duties as high as 267 percent were requested.

Generally, the ITA advises that such covered products are classified under the following heading 0306 and 1605 as follows:

Regardless of HTS classification, the scope language of the AD order determines whether a product is subject to AD duties. Hence, Importers or their brokers must reference the scope language of the investigation to determine whether their products are covered by the order. The scope language takes into account the genus and species of the shrimp, provides specific descriptions, and also provides many exemptions. Clarification as to the application of the scope language to a particular imported product may involve complex legal principals and filings.

Comments from the industry on the scope of these investigations are due on February 16, 2004. The International Trade Commission’s injury determinations are anticipated by February 17, 2004, and, if domestic injury is found, the ITA’s preliminary ITA AD duty determination will be anticipated in early June 2004.

George R. Tuttle, PC, is a Professional Corporation, which since 1917 has been assisting the trade to resolve disputes in antidumping, international trade and Customs law. Participation in antidumping proceedings is difficult and complicated. Professional advice should be obtained with regard to completing a questionnaire and for counsel in participating effectively in these antidumping proceedings. If you or any of your suppliers believe you may be subject to the Commerce antidumping administrative review, please do not hesitate to contact us. We can provide assistance in responding to Commerce questionnaires, as well as advice on other strategies for minimizing final duty obligations.

Please contact Stephen Spraitzar at (415) 288-0427 (email sss@tuttlelaw.com), should you have any further questions.

Stephen Spraitzar is an attorney with the Law Offices of George R. Tuttle in San Francisco. The information in this article is general in nature and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.