Trade Law Daily is a service of Warren Communications News.

China and Vietnam Frozen Warmwater Shrimp: Over 200 Entities Could Receive Higher AD Rate if They Fail to File

The International Trade Administration has initiated antidumping duty administrative reviews of frozen warmwater shrimp from Vietnam (A-552-802) and China (A-570-893) for the period February 1, 2009 through January 31, 2010.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

All subject entities are required to submit either a separate rate status certification or application by the upcoming deadlines of May 10, 2010 or June 8, 2010, respectively, or they could lose their separate rate status or chance to obtain separate rate status, and instead receive the higher country-wide entity rate.

(There are 92 entities listed for China and 146 entities listed for Vietnam. See ITA notice for a complete list of entities.)

Certifications Due May 10, Applications Due June 8

In order to demonstrate separate-rate eligibility, entities which were assigned a separate rate in the most recently completed segment of either of these proceedings in which they participated must submit a Separate Rate Certification no later than May 10, 2010, that they continue to meet the criteria for obtaining a separate rate, or they could lose their separate rate status and instead receive the China-wide entity rate (currently 112.81%) or the Vietnam-wide entity rate (currently 25.76%) effective at the final results of these administrative reviews.

Entities that have not previously been assigned a separate rate (and are therefore subject to the China-wide or Vietnam-wide entity rate) must submit a Separate Rate Application no later than June 8, 2010 to demonstrate eligibility for a separate rate in either of these proceeding, or they could lose their chance to obtain a separate (lower) rate effective at the final results of these administrative reviews.

In addition, companies that received a separate rate in a completed segment of the proceedings that have subsequently made changes, including, but not limited to, changes to corporate structure, acquisitions of new companies or facilities, or changes to their official company name, should timely file a Separate Rate Application to demonstrate eligibility for a separate rate in these proceedings.

Separate Rate Applications and Certifications are available at http://ia.ita.doc.gov/nme/nme-sep-rate.html.

Comments on CBP Data, Respondent Selection Due April 19

For these administrative reviews, the ITA intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports during the review period. The ITA invites comments regarding the CBP data and the selection of respondents by April 19, 2010.

Notices of No Sales During the Review Period Due May 10

If a producer or exporter named in the ITA's notice of initiation had no exports, sales or entries during the review period, it must notify the ITA by May 10, 2010. (See initiation notice for complete instructions on the submissions of notices of no sales.)

Requests for Revocation in Part for Certain Companies

The ITA also received timely requests to revoke, in part, the AD duty order on shrimp from Vietnam for Camau Frozen Seafood Processing Import Export Corporation; Grobest & IMei Industrial (Vietnam) Co., Ltd.; and Phuong Nam Company Ltd.

(The final results of these administrative reviews are due by February 28, 2011.)

Catherine Bertrand (China)(202) 482-3207
Susan Pulongbarit (Vietnam(202) 482-4031

ITA notice (FR Pub 04/09/10) available at http://edocket.access.gpo.gov/2010/pdf/2010-8155.pdf