Sunset Review of Shrimp Antidumping Duty Orders Will Be Initiated in May

In a Federal Register notice published today, the U.S. Department of Commerce (Commerce) announced that Five-Year Sunset Reviews of the antidumping duty orders on certain frozen warmwater shrimp from China, India, Thailand, and Vietnam are scheduled to be initiated next month, in May 2022.

Commerce explains that once the Sunset Reviews are initiated, if the agency receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, reviews of the antidumping duty orders will be continued. Conversely, if no notice of intent to participate is filed from a member of the domestic industry, the trade relief will be “sunset,” meaning that duties will be lifted and the antidumping duty orders will be revoked.

If a Notice of Intent to Participate has been filed, any interested party wishing to participate in Commerce’s Sunset Review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation.

The Uruguay Rounds Agreements Act in 1994 requires Commerce and the U.S. International Trade Commission (ITC) to conduct reviews no later than five years after an antidumping duty order is issued to determine whether revoking the order would lead to the continuation or recurrence of dumping (Commerce) and of material injury to the domestic industry (ITC). The Sunset Reviews to be initiated in May 2022 will mark the third time that the antidumping duty orders on frozen warmwater shrimp have gone through this process.

While Commerce will investigate whether foreign exporters are likely to dump shrimp into the U.S. market if antidumping duties are removed, the ITC will evaluate the likely impact on the domestic industry resulting from the loss of trade relief.

The ITC’s website explains that:

In five-year reviews, the Commission determines whether revocation of the antidumping or countervailing duty order would be likely to lead to continuation or recurrence of material injury to the U.S. industry. If the Commission’s determination is affirmative, the order will remain in place. If the Commission’s determination is negative, the order will be revoked. 

The ITC’s Sunset Review process typically takes a year to complete, although the two previous Sunset Reviews of the shrimp antidumping duty orders took eighteen months.

If the ITC determines to conduct a full five-year review, questionnaires will be issued to both domestic and foreign producers of shrimp, U.S. importers, and U.S. purchasers. Generic examples of these questionnaires can be obtained at the ITC’s website at the following link:  https://usitc.gov/trade_remedy/question.htm

Before the ITC determines whether to conduct full Sunset Reviews, the domestic shrimp industry must submit substantive responses to the notices of initiation of the Reviews. As part of this substantive response, the domestic industry will be asked to provide information regarding the operations of individual businesses within the shrimp industry in 2021. In anticipation of the need to submit this information to the ITC, the Southern Shrimp Alliance has prepared forms for industry members wishing to support the continuation of trade relief. Separate forms have been developed for (1) shrimp fishermen; (2) shrimp farms; (3) shrimp processors; and (4) shrimp wholesalers, non-processing shoreside facilities, and shrimp industry associations.

We ask that these forms be completed and sent to the law firm representing the Ad Hoc Shrimp Trade Action Committee in the administrative proceedings related to the antidumping duty orders no later than April 30, 2021 at:

Nathaniel Rickard 
Picard Kentz & Rowe LLP 
1750 K Street, N.W. 
Suite 800 
Washington, DC 20006 

The completion and submission of the form will identify the business as a member of the Ad Hoc Shrimp Industry Committee (AHSIC) for the purposes of participation in the ITC’s Sunset Reviews.

Because the information to be completed in the form involves business information, information provided within the tables regarding 2021 operations will be submitted to the agency along with a request for confidential treatment unless the person completing the form indicates that they wish to have such information made public.

The Federal Register notice indicating that Sunset Reviews of the antidumping duty orders on shrimp is available here: https://www.federalregister.gov/documents/2022/04/01/2022-06924/antidumping-or-countervailing-duty-order-finding-or-suspended-investigation-advance-notification-of
Additional information regarding Commerce’s practices and procedures in Sunset Reviews can be found here:  http://enforcement.trade.gov/sunset/
Additional information regarding the ITC’s practices and procedures in Sunset Reviews can be found here:  http://pubapps2.usitc.gov/sunset/

The Ad Hoc Shrimp Industry Committee form for shrimp fishermen may be found at this link:  https://www.shrimpalliance.com/wp-content/uploads/2022/04/AHSIC-Shrimper-Form-3rd-Review.pdf
The Ad Hoc Shrimp Industry Committee form for shrimp farmers may be found at this link:   https://www.shrimpalliance.com/wp-content/uploads/2022/04/AHSIC-Farm-Form-3rd-Review.pdf
The Ad Hoc Shrimp Industry Committee form for shrimp processors may be found at this link:   https://www.shrimpalliance.com/wp-content/uploads/2022/04/AHSIC-Processor-Form-3rd-Review.pdf
The Ad Hoc Shrimp Industry Committee form for shrimp wholesalers, non-processing shoreside facilities, and shrimp industry associations may be found at this link:   https://www.shrimpalliance.com/wp-content/uploads/2022/04/AHSIC-Wholesaler-Unloading-Dock-Assoc-Form-3rd-Review.pdf

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