Third Administrative Reviews

The final results of the third administrative reviews of the antidumping duty orders on shrimp from China, Ecuador, India, Thailand, and Vietnam were issued in 2009. No review was conducted on the antidumping duty order for shrimp from Brazil as no Brazilian shrimp was imported into the United States between February 2007 and January of 2008 (the third administrative review period).
The outcomes of these administrative reviews were mixed. With regard to China, two shrimp exporters were assigned 9.08% dumping margins, while all other Chinese exporters subject to the review were determined to be dumping at a rate of 122.81%. Following three successive proceedings wherein at least one Ecuadorian exporter was found to have not dumped shrimp into the United States, Commerce concluded that all shrimp entering the United States during the third administrative review period from Ecuador subject to the antidumping duty order was dumped. Although final assessment rates for Ecuadorian shrimp was established as being between 0.75% and 0.85%, these amounts represented an increase over the dumping margins calculated for Ecuadorian exporters in the second administrative review (0.64%).
The final dumping margins calculated for Indian exporters declined again in the third administrative review, falling from an average of 10.17% in the investigation, to 7.22% in the first administrative review, to 1.69% in the second administrative review to 0.79% in the third. One Indian exporter was, for the second year in a row, found not to be dumping shrimp into the United States. Similarly, Commerce concluded that five different Vietnamese exporters were not dumping shrimp into the U.S. market during the third administrative review period. All other Vietnamese exporters were determined to be dumping at margins ranging from 4.30% to 25.76%.
Finally, the dumping margins determined by Commerce for Thai companies increased in the third administrative review period (average duty rate = 4.71%) over the second administrative review period (average duty rate = 3.18%) but remained below the dumping margin determined in the original investigation (average duty rate = 5.95%).
The final results of the third administrative reviews of the antidumping orders on shrimp from China, Thailand, and Vietnam have been appealed to the Court of International Trade and litigation regarding these appeals will begin in 2010.

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