Gulf of Mexico shrimp subsidy case suffers blow in U.S. Commerce decision

Gulf of Mexico shrimp processors suffered a substantial setback Tuesday when the U.S. Department of Commerce announced that shrimp exports from Thailand to the United States would not be subject to "countervailing duties" -- assessments imposed to offset unfair subsidies on shrimp. In 2012, Thailand exported the largest portion of the targeted frozen warm-water shrimp to the United States -- shrimp valued at about $1.1 billion.

In its preliminary determination in late May, Commerce had excluded Ecuador and Indonesia from the assessments. Indonesia will remain excluded from the assessments, but Ecuador -- which often comes in second behind Thailand in terms of the targeted shrimp imports -- has been added to the list of countries that will have to pay such duties.

In its preliminary determination, Commerce had stated that some shrimp from Thailand would receive minimal duties, but on Tuesday -- after its more extensive investigation that included visits to each of the foreign countries -- the department changed course.

In addition to Ecuador, Commerce determined that certain frozen warm-water shrimp coming from India, Malaysia, Vietnam and China also would be subject to the duties. The imposed duties average about 15 percent.

In June, U.S. customs agents began collecting cash deposits at ports of entry for the certain frozen shrimp imports from China, India, Malaysia, Thailand and Vietnam that were determined to require duties based on the preliminary investigation. The money collected from the Thai companies now will be refunded.

And once Commerce's final determination is published in the Federal Register, the Ecuador companies will have to begin paying duties.

In the preliminary phase of an investigation, Commerce's analysis was largely based on the information provided by the petitioners and questionnaires to the various foreign companies. For its final determination, Commerce verified that information in part by visiting the foreign companies.

Also on Tuesday, Coalition of Gulf Shrimp Industries members -- the coalition that filed the initial petitions asking for the trade investigation -- testified on the subsidy case before the U.S. International Trade Commission in Washington, D.C.

The International Trade Commission is expected to announce its final determination by Sept. 26 and final orders would be issued by Oct. 3.

But, regardless of the International Trade Commission's final determination, the Indonesia and Thailand investigations now are terminated because of Commerce's final determination. And if the International Trade Commission determines that additional foreign companies were not in violation of trade practices, then U.S. customs would refund the cash deposits taken during the intervening period.

Sen. Mary Landrieu, D-La., submitted testimony supporting countervailing duties -- including assessments for Thailand and Indonesia -- to the International Trade Commission hearing Tuesday.

"Today, we have the opportunity to throw a life jacket to our American shrimp industry which may otherwise drown," Landrieu wrote in her testimony.

She stated that imposing the countervailing duties "is to level the playing field, to support free and fair market conditions, and to provide the U.S. shrimp industry with a chance to once again flourish."

"If we don't stop unfair import competition, we will end up driving hard-working entrepreneurs out of this business and depriving one of America's cherished cultures of an industry that has flourished for generations," Landrieu continued.

Source: http://www.nola.com/business/index.ssf/2013/08/gulf_of_mexico_shrimp_subsidy_3.html

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