INITIATION OF AD NEW SHIPPER REVIEW OF FROZEN WARMWATER SHRIMP FROM ECUADOR EXPORTER & PRODUCER STUDMARK, S.A. (A-331-802-004)

MESSAGE NO: 5277206 DATE: 10 04 2005 CATEGORY: ADA TYPE: ADM REFERENCE: REFERENCE DATE: CASES: A - 331 - 802 - - - - - - - - - - PERIOD COVERED: 10 03 2005 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: INITIATION OF AD NEW SHIPPER REVIEW OF FROZEN WARMWATER SHRIMP FROM ECUADOR EXPORTER & PRODUCER STUDMARK, S.A. (A-331-802-004) 1. THE DEPARTMENT OF COMMERCE IS CONDUCTING A NEW SHIPPER REVIEW OF THE ANTIDUMPING DUTY ORDER ON CERTAIN FROZEN WARMWATER SHRIMP FROM ECUADOR (A-331-802) FOR THE PERIOD 08/04/2004 THROUGH 07/31/2005. 2. THE NOTICE OF INITIATION FOR THIS REVIEW WAS PUBLISHED IN THE FEDERAL REGISTER ON OCTOBER 3, 2005 (70 FR 190). 3. FOR SHIPMENTS OF CERTAIN FROZEN WARMWATER SHRIMP FROM ECUADOR PRODUCED AND EXPORTED BY THE FOLLOWING COMPANY, ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION IN THE UNITED STATES ON OR AFTER OCTOBER 3, 2005, A BOND OR OTHER SECURITY DEPOSIT IS PERMITTED, AT THE IMPORTER'S OPTION: EXPORTER/PRODUCER CASE NUMBER RATE STUDMARK, S.A. A-331-802-004 3.58% THE OPTION TO POST A BOND OR OTHER SECURITY DEPOSIT MAY ONLY BE MADE AVAILABLE TO THE COMPANY IDENTIFIED ABOVE, FOR SHIPMENTS FOR WHICH THE COMPANY WAS BOTH THE EXPORTER AND PRODUCER. FOR SHIPMENTS OF SUBJECT MERCHANDISE FROM THE COMPANY IDENTIFIED ABOVE FOR WHICH THE COMPANY WAS NOT BOTH THE EXPORTER AND PRODUCER, CASH DEPOSITS ONLY SHOULD BE COLLECTED AT THE ALL OTHERS RATE IN EFFECT ON THE DATE OF ENTRY. THE ALL OTHERS RATE CURRENTLY IN EFFECT IS 3.58 PERCENT. 4. 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. 5. FOR ALL OTHER COMPANIES NAMED IN THE ANTIDUMPING DUTY MODULE, THE CASH DEPOSIT RATE IS THE RATE PROVIDED THEREIN. 6. FOR ALL OTHER MANUFACTURERS OR EXPORTERS OF CERTAIN FROZEN WARMWATER SHRIMP FROM ECUADOR WHICH DO NOT HAVE A SPECIFIC RATE IN THE MODULE, THE CASH DEPOSIT RATE CONTINUES TO BE 3.58 PERCENT. 7. THE OPTION OF A BOND IN LIEU OF A CASH DEPOSIT WILL REMAIN IN EFFECT FOR EXPORTS FROM THE COMPANY MENTIONED ABOVE UNTIL PUBLICATION OF THE FINAL RESULTS IN THIS NEW SHIPPER REVIEW. 8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT DAVINA HASHMI OR RON TRENTHAM, 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:GJB). 9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA