MESSAGE NO: 4226202 DATE: 8/13/2004

CATEGORY: ADA TYPE: PRE

REFERENCE: REFERENCE DATE:

CASES:

PERIOD COVERED: 08/04/2004

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NOTICE OF A PRELIMINARY DETERMINATION IN AN ANTIDUMPING DUTY,
INVESTIGATION OF CERTAIN FROZEN AND CANNED WARMWATER SHRIMP FROM INDIA,
(A-533-840)

1\. ON AUGUST 4, 2004, THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE
FEDERAL REGISTER ITS PRELIMINARY DETERMINATION OF SALES AT LESS THAN
FAIR VALUE, THE POSTPONEMENT OF THE FINAL DETERMINATION, AND AFFIRMATIVE
PRELIMINARY DETERMINATION OF CRITICAL CIRCUMSTANCES FOR HINDUSTAN LEVER
LIMITED (HLL) IN THE ANTIDUMPING DUTY INVESTIGATION OF CERTAIN FROZEN
AND CANNED WARMWATER SHRIMP FROM INDIA.

2\. THE SCOPE OF THIS INVESTIGATION INCLUDES CERTAIN WARMWATER SHRIMP
AND PRAWNS, WHETHER FROZEN OR CANNED, WILD-CAUGHT (OCEAN HARVESTED) OR
FARM-RAISED (PRODUCED BY AQUACULTURE), HEAD-ON OR HEAD-OFF, SHELL-ON OR
PEELED, TAIL-ON OR TAIL-OFF (INCLUDING THE TELSON AND THE UROPODS),
DEVEINED OR NOT DEVEINED, COOKED OR RAW, OR OTHERWISE PROCESSED IN
FROZEN OR CANNED FORM.

THE FROZEN OR CANNED WARMWATER SHRIMP AND PRAWN PRODUCTS INCLUDED IN THE
SCOPE OF THE INVESTIGATION, REGARDLESS OF DEFINITIONS IN THE HARMONIZED
TARIFF SCHEDULE OF THE UNITED STATES (HTSUS), ARE PRODUCTS WHICH ARE
PROCESSED FROM WARMWATER SHRIMP AND PRAWNS THROUGH EITHER FREEZING OR
CANNING AND WHICH ARE SOLD IN ANY COUNT SIZE.

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 THE INVESTIGATION. 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 THE INVESTIGATION.

EXCLUDED FROM THE SCOPE ARE (1) BREADED SHRIMP AND PRAWNS (INCLUDING
BATTERED SHRIMP) (1605.20.10.20); (2) SHRIMP AND PRAWNS GENERALLY
CLASSIFIED IN THE PANDALIDAE FAMILY AND COMMONLY REFERRED TO AS
COLDWATER SHRIMP, IN ANY STATE OF PROCESSING; (3) FRESH SHRIMP AND
PRAWNS WHETHER SHELL-ON OR PEELED (0306.23.00.20 AND 0306.23.00.40); (4)
SHRIMP AND PRAWNS IN PREPARED MEALS (1605.20.05.10); AND (5) DRIED
SHRIMP AND PRAWNS.

THE PRODUCTS COVERED BY THIS SCOPE ARE CURRENTLY CLASSIFIED UNDER THE
FOLLOWING HTSUS SUBHEADINGS: 0306.13.00.03, 0306.13.00.06,
0306.13.00.09, 0306.13.00.12, 0306.13.00.15, 0306.13.00.18,
0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40,
1605.20.10.10, 1605.20.10.30, AND 1605.20.10.40. THESE HTSUS SUBHEADINGS
ARE PROVIDED FOR CONVENIENCE AND FOR U.S. CUSTOMS AND BORDER PROTECTION
(CBP) PURPOSES ONLY AND ARE NOT DISPOSITIVE, BUT RATHER THE WRITTEN
DESCRIPTION OF THE SCOPE OF THIS INVESTIGATION IS DISPOSITIVE.

3\. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-533-840.

4\. BECAUSE CRITICAL CIRCUMSTANCES EXIST FOR IMPORTS OF CERTAIN FROZEN
AND CANNED WARMWATER SHRIMP FROM INDIA BY HLL, THE CUSTOMS AND BORDER
PROTECTION SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS BY HLL ENTERED OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER MAY 6 2004, WHICH
IS 90 DAYS PRIOR TO THE DATE OF PUBLICATION OF THE PRELIMINARY
DETERMINATION IN THE FEDERAL REGISTER. FOR CUSTOMS REPORTING PURPOSING
HINDUSTAN LEVER LIMITED (HLL) HAS BEEN ASSIGNED INVESTIGATIVE NUMBER:
A-533-840-002.

5\. FOR IMPORTS OF CERTAIN FROZEN AND CANNED WARMWATER SHRIMP FROM INDIA
BY ALL PRODUCERS/EXPORTERS OTHER THAN HLL, THE BUREAU OF CUSTOMS AND
BORDER PROTECTION SHALL SUSPEND LIQUIDATIONS OF SUCH SHIPMENTS ENTERED
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER AUGUST 4, 2004.
EFFECTIVE AUGUST 4, 2004 CUSTOMS SHALL REQUIRE, FOR SUCH ENTRIES, A CASH
DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE MARGINS SHOWN BELOW:

MFR/PRODUCER EXPORTER CUSTOMS ID NUMBER PERCENTAGE DEVI SEA FOODS
LIMITED A-533-840-001 3.56 HINDUSTAN LEVER LIMITED A-533-840-002 27.49
NEKKANTI SEAFOODS LIMITED A-533-840-003 9.16 ALL OTHERS A-533-840-000
14.20

6\. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF THE CUSTOMS
SERVICE, CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE-ENTRY BASIC
IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC IMPORTATION AND ENTRY
BOND ONLY IF THE AMOUNT OF THE ESTIMATED ANTIDUMPING OR COUNTERVAILING
DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR THE EQUIVALENT).
OTHERWISE, WHERE THE IMPORTER HAS THE OPTION TO POST A BOND FOR
ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTIES, CUSTOMS OFFICERS MUST
REQUIRE A SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND PURSUANT TO T.D.
85-145. YOU ARE INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D. 85-145
WITH RESPECT TO THESE BONDING REQUIREMENTS.

7\. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,
THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI
OR RON TRENTHAM AT OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT
(202) 482-0984 OR (202) 482-3577 RESPECTIVELY (GENERATED BY O2:NZ.

8\. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

CATHY SAUCEDA