Enforcement and Compliance, International Trade Administration, Department of Commerce.
The U.S. Department of Commerce has officially announced the rescission of the administrative review concerning the antidumping duty (AD) order on certain frozen warmwater shrimp imported from the People’s Republic of China for the period of review (POR), which spans from February 1, 2023, to January 31, 2024.
Background
On February 1, 2005, the Commerce Department published its initial AD order regarding shrimp imports from China in the Federal Register. Following this, on April 9, 2024, the Commerce Department initiated an administrative review of these shrimp imports. This action was taken in accordance with section 751(a) of the Tariff Act of 1930, which was amended, and in alignment with regulations outlined in 19 CFR 351.221(c)(1)(i). On May 21, 2024, the Department revealed data collected from the U.S. Customs and Border Protection (CBP), which detailed shrimp entries from China during the POR, ultimately indicating that no reviewable entries were available for any of the companies mentioned in the Initiation Notice.
Subsequently, on May 24, 2024, the Commerce Department informed all relevant parties of its intention to rescind the administrative review. This decision stemmed from the absence of reviewable and suspended entries of the merchandise in question, as listed in the Initiation Notice. The final notice also invited feedback from interested parties, yet no comments were received in response.
Rescission of Review
In accordance with 19 CFR 351.213(d)(3), the Department of Commerce typically rescinds an administrative review of an AD order when there are no reviewable entries of subject merchandise during the POR for which liquidation has been suspended. If an administrative review were to take place, it would involve reviewable suspended entries that CBP would liquidate at a rate determined for the review period. Given the absence of such entries for the reviewed companies during the POR, the Department is officially rescinding this entire administrative review.
Assessment
In line with established protocols, the Commerce Department will instruct CBP to assess antidumping duties on all relevant entries. These duties will be calculated at rates matching the cash deposit of estimated antidumping duties required at the time of the entry, according to 19 CFR 351.212(c)(1)(i). The Commerce Department plans to issue these assessment instructions no earlier than 35 days following the publication of this rescission notice in the Federal Register.
Notification Regarding Administrative Protective Order
This notice serves as a formal reminder to all parties subjected to an administrative protective order (APO) regarding their obligations concerning the management of proprietary information disclosed under the APO. Compliance with 19 CFR 351.305(a)(3) is required, and timely written notification is requested regarding the return or destruction of APO materials or their conversion to a judicial protective order. Any failure to adhere to the regulations and terms outlined in the APO can lead to significant sanctions.
Notification to Interested Parties
This notice is released and published in strict compliance with sections 751(a)(1) and 777(i)(1) of the Tariff Act, as well as 19 CFR 351.213(d)(4).
Dated: October 29, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
**Interview with Dr. Emily Tran, Trade Policy Expert, on the Recent Rescission of Antidumping Duty Review for Chinese Shrimp Imports**
**Interviewer:** Thank you for joining us today, Dr. Tran. The U.S. Department of Commerce recently announced the rescission of the administrative review concerning antidumping duties on certain frozen shrimp from China. Can you explain the significance of this decision?
**Dr. Tran:** Absolutely, and thank you for having me. This decision is quite significant as it reflects the Commerce Department’s assessment of import activity during the designated review period. In this case, they determined that there were no reviewable entries of shrimp from China, which means that there was insufficient data to justify an administrative review of the antidumping duties.
**Interviewer:** What led to this conclusion? Were there specific factors that influenced it?
**Dr. Tran:** Well, following the initiation of the review, the Department of Commerce received data from U.S. Customs and Border Protection, indicating that there were no shrimp entries during the review period that were subject to the current antidumping measures. In cases like this, if there are no entries for review, the Department is required to rescind the administrative review, which is exactly what they did.
**Interviewer:** How does the rescission of this review affect the shrimp market, particularly U.S. shrimp producers and consumers?
**Dr. Tran:** For U.S. shrimp producers, this could mean less uncertainty regarding pricing and market competition. Without the review, the existing antidumping duties remain in place, which could sustain a level of protection for domestic producers against potentially unfair pricing from imports. For consumers, the impact might be less direct; however, it does have the potential to influence shrimp prices and availability in the market depending on how it affects supply chains.
**Interviewer:** What should we look out for next in this ongoing situation?
**Dr. Tran:** We should keep an eye on future data releases from the Commerce Department regarding shrimp imports and any potential shifts in policy related to other countries’ shrimp exports. Additionally, if there are any changes in trade relations or further reviews initiated by the U.S., those developments could significantly impact the shrimp industry.
**Interviewer:** Thank you, Dr. Tran, for your insights into this important matter affecting both the shrimp industry and consumers.
**Dr. Tran:** You’re welcome! It’s always a pleasure to discuss trade policy and its implications.
