Yesterday, the U.S. Department of Commerce (Commerce) issued the Final Results of the fifteenth administrative review of the antidumping duty order on frozen warmwater shrimp from India, covering shrimp imported into the United States between February 1, 2019 and January 31, 2020.
In the Final Results, Commerce announced that the agency calculated, following its investigation of the U.S. sales made by two companies, a dumping margin of 4.73% for the Indian shrimp exporter RSA Marines and a dumping margin of 10.39% for the Indian shrimp exporter HN Indigos. Based on these calculated dumping margins, Commerce assigned the 152 other Indian shrimp exporters subject to the administrative review an antidumping duty rate of 7.15%.
These determinations mean that U.S. importers of Indian shrimp from companies subject to the administrative review will be asked to pay additional antidumping duties on merchandise imported between February 1, 2019 and January 31, 2020 and that, going forward, the companies will be subject to antidumping duty cash deposits rates at these levels for future shrimp imports effective as of the day the Final Results are formally published in the Federal Register (likely next week).
The dumping margins announced by Commerce for the fifteenth administrative review represent the second highest rates calculated for Indian shrimp exporters since Commerce completed the first administrative review of Indian shrimp in 2007. Earlier this year, following a decision by the U.S. Court of International Trade requiring Commerce to reconsider how the agency treated an Indian shrimp exporter in the thirteenth administrative review (2017-2018) of the same antidumping duty order, Commerce calculated, and the Court affirmed, a 27.66% dumping margin for The Elque Group and a 6.13% margin for all other Indian shrimp companies that were subject to that proceeding but were not individually examined.
Since 2013, India has been the largest supplier of shrimp to the U.S. market. Last year, India accounted for nearly 40% of the volume of frozen, non-breaded warmwater shrimp imported into the United States. India’s incredible growth in its shrimp exports has been accompanied by relatively low dumping margins calculated in administrative reviews.
The dumping margins in these earlier administrative reviews were determined after Commerce repeatedly selected a tiny subset of Indian exporters for individual examination. The Southern Shrimp Alliance believes that the practice of limiting individual examination to a handful of Indian companies has allowed hundreds of other Indian shrimp exporters to ship to the United States with confidence that their own pricing practices will not be evaluated. This, in turn, has encouraged many Indian shrimp companies to increase their presence in the U.S. market with aggressive pricing strategies.
However, over the last three administrative reviews, Commerce has individually examined Indian shrimp companies that have not been previously subject to agency scrutiny. As summarized in the chart below, these reviews have resulted in the determination of dumping margins that are significantly higher than those calculated for companies that were routinely selected for individual examination in prior proceedings.
The Final Results in both the thirteenth and fifteenth administrative reviews confirm that Indian shrimp continues to be sold at less than fair value in the U.S. market at significant margins by companies that have not traditionally been individually examined by Commerce.
“The domestic shrimp industry is grateful to the U.S. Department of Commerce for its commitment to eliminating unfair trade practices from the U.S. market for shrimp,” said John Williams, the Executive Director of the Southern Shrimp Alliance. “Commerce’s announcement yesterday once again proves how important it is for the agency to individually examine the sales practices of a wide variety of Indian exporters and we hope that, going forward, the agency will use the discretion afforded to it by Congress to randomly select Indian companies for review.”
Read a pre-publication version of the Federal Register notice announcing the Final Results of the 15th administrative review of the antidumping duty order on certain frozen warmwater shrimp from India here: https://shrimpalliance.com/wp-content/uploads/2021/11/Final-Results-Unpublished-Fed-Reg-Notice.pdf