US issues final affirmative countervailing duty determination on frozen warmwater shrimp from Việt Nam

Shrimp processed for export at a plant in Sóc Trăng Province. The US Department of Commerce (DOC) has issued the final affirmative countervailing duty determination on frozen warmwater shrimp from Việt Nam. — VNA/VNS Photo Hồng Nhung

The DOC has determined a duty of 2.84 per cent on products from Sóc Trăng Seafood Joint Stock Company (STAPIMEX), which was the sole mandatory defendant, and a duty of 221.82 per cent – the rate based on adverse facts available (AFA) – for Thông Thuận Company Limited, which refused to participate in the case. The DOC assigned the same rate for STAPIMEX as for all other producers and exporters.

The Trade Remedies Authority of Việt Nam said that the final anti-subsidy duty rate is basically unchanged from the preliminary rate, except for in Thông Thuận's case.

Among countries under investigation, duty rates on Việt Nam are lower than those on India and Ecuador, a very encouraging result for Việt Nam’s shrimp production and export.

The US International Trade Commission (USITC) will issue the final decision about damages within 45 days from October 21, when the DOC issued the final determination. Only if the USITC concludes that the US shrimp industry has suffered injury due to subsidised frozen warmwater shrimp imported from Việt Nam will the tax order be officially issued.

From the beginning of the case, the DOC investigated 40 programmes and policies of the Vietnamese Government belonging to the following groups: loans and guarantees, corporate income tax incentives, receivables exemptions, land incentives and funding.

Notably, the DOC investigated a series of programmes under the strategy for development of Việt Nam’s fisheries by 2030.

The DOC determined that 26 out of 50 programmes were countervailing subsidy programmes and 10 were non-countervailing subsidy programmes. The DOC has not yet made a final decision on five programmes.

Previously, the Việt Nam Association of Seafood Exporters and Producers said that the DOC in March announced initial countervailing duties on warmwater shrimp from Việt Nam, India and Ecuador with rates ranging from 1.69 per cent to 196 per cent.

India, Ecuador, Indonesia and Việt Nam are the four largest shrimp exporters to the US, accounting for around 90 per cent of the country's 788,200 tonnes of shrimp imports in 2023.