On March 3, 2023 the Department of Commerce published in the Federal Register its preliminary results of Antidumping Administrative Review of frozen warmwater shrimp from India. The period of review was February 1, 2021 through January 31, 2022.  The DOC preliminarily determined that such shrimp were being sold in the United States at less than normal value.  The DOC reviewed 187 exporters/producers. Two mandatory respondents were selected.

Based on the review, the DOC preliminarily determined a weighted average dumping margin of 7.92 and 1.43 for the two mandatory respondents, and a weighted average dumping margin of 3.76 for non-selected companies. These rates were higher than in the previous final results of administrative review.

The Department of Commerce intends to issue final results of this administrative review not later than 120 days from the publication of the preliminary results. After the publication of the final results in the Federal Register cash deposits of the new rates will be required.

The original antidumping order dates back to 2005. The scope of the products included in this order are certain frozen warmwater shrimp and prawns, whether wild-caught (ocean harvested) or farm-raised (produced by aquaculture), head-on or head-off, shell-on or peeled, tail-on or tail-off, deveined or not deveined, cooked or raw, or otherwise processed in frozen form.

The products described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the Penaeidae family. Some examples of the farmed and wild-caught warmwater species include, but are not limited to, whiteleg shrimp (Penaeus vannemei), banana prawn (Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), redspotted shrimp (Penaeus brasiliensis), southern brown shrimp (Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern rough shrimp (Trachypenaeus curvirostris), southern white shrimp (Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus indicus).

Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope of this order. In addition, food preparations, which are not “prepared meals,” that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of this order.  There are also exclusions to the scope.

It is likely that the Department of Commerce will continue to impose higher antidumping rates for frozen warmwater shrimp from India. Companies should be aware of this and take the necessary precautions in order to comply with these new rules. Businesses should also keep up-to-date on any changes or updates regarding this issue, as it could have a significant impact on their operations and profitability. With all of this taken into consideration, businesses can stay informed and educated so that they remain compliant with applicable laws governing international trade activities involving foreign countries such as India.

This article is for informational purposes only and does not constitute legal advice.