The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on frozen warmwater shrimp from Brazil, China, India, Thailand, and Vietnam would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission's affirmative determinations, the existing orders on imports of this product from Brazil, China, India, Thailand, and Vietnam will remain in place.
Chairman Deanna Tanner Okun, Vice Chairman Irving A. Williamson, and Commissioners Charlotte R. Lane, Shara L. Aranoff, and Dean A. Pinkert voted in the affirmative. Commissioner Daniel R. Pearson voted in the negative.
Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission's public report Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and Vietnam (Inv. Nos. 731-TA-1063, 1064, and 1066-1068 (Review), USITC Publication 4221, March 2011) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after April 20, 2011, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and Vietnam were instituted on January 4, 2010.
On April 9, 2010, the Commission voted to conduct full reviews. With respect to China, India, Thailand, and Vietnam, all six Commissioners found that both the domestic and the respondent group responses were adequate and voted for full reviews. With respect to Brazil, Chairman Shara L. Aranoff, Vice Chairman Daniel R. Pearson, and Commissioners Deanna Tanner Okun, Charlotte R. Lane, and Irving A. Williamson found that both the domestic and the respondent group responses were adequate and voted for full reviews; Commissioner Dean A. Pinkert found that the domestic group responses were adequate and the respondent group responses were inadequate, but that circumstances warranted a full review.
A record of the Commission's vote to conduct full reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
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