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U.S.
shrimpers may appeal Commerce Department's final
dumping ruling
The U.S. shrimp industry
filed a notice with the U.S. Department
of Commerce, pointing out what it calls
a legal error regarding the types of shrimp
imports from China and Vietnam subject
to antidumping duties, particularly "dusted"
shrimp.
Late last month the department
confirmed China and Vietnam violated U.S.
laws by dumping shrimp into the U.S. market
at below fair value. Part of the recent
ruling, however, excluded "dusted" shrimp.
Dusted shrimp refers to the addition of
rice or wheat flour to shrimp as a precursor
to shrimp breading.
"While the determinations
of trade violations are welcome, the U.S.
shrimp industry strongly objects to findings
that shrimp imports that are "dusted" with
as little as 4 percent rice or wheat four
constitutes a different product," said
Eddie Gordon, president of the Southern
Shrimp Alliance. "We will do whatever is
necessary to correct this error."
By its filing, the U.S. shrimp
industry is asking the department to recognize
not all evidence was properly considered
when making the scope determination.
The finding was in error
because the determination fails to acknowledge
evidence contradicting the "dusted" shrimp
exclusion and is inconsistent with other
decisions regarding the scope of the investigation
issued at the same time.
The law requires the department
provide relief against the products described
by the Petition, unless a product differs
significantly in physical characteristics
and uses.
"The evidence shows that
"dusted" shrimp is not a commercially viable
product. If excluded, the target countries
may use dusted shrimp as a means of avoiding
antidumping duties," said Gordon. "The
Southern Shrimp Alliance believes that
this faulty ruling is reversible and warns
exporters to avoid relying upon this loophole.
The U.S. shrimp industry will work endlessly
to ensure that so called "dusted" shrimp
does not undermine the relief from dumped
imports."
The U.S. shrimp industry
said it will appeal the final determinations
if the department does not reverse its
decision regarding the shrimp form.
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