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CB Cancels The Conclusion Of Evading Anti-dumping For Minh Phu Seafood Corporation

By 17 February, 2021October 26th, 2021No Comments

On February 11, 2021 (ie. the first day of New Year’s Eve) the Office of Trade from United States Customs and Border Protection (CBP’s Office of Trade, Regulations, and Rulings) (Hereinafter will be referred to as “CBP”) issued an official decision on canceling the conclusion that Minh Phu Seafood Corporation evaded antidumping duty order issued on 13/10/2020.

In the decision, CPB stated that based on the evidence from the investigation files, there was insufficient evidence to conclude Minh Phu Seafood has violated the Anti-dumping duty currently being applied to Indian shrimp exports. Hence, the application of Minh Phu Seafood Corporation’s available disadvantages is not necessary.

This latest decision allows MPC to export frozen shrimp to the US market without having to bear any other additional anti-dumping duty on Indian shrimp or any other anti-dumping duties. Moreover, Minh Phu Company is also refunded the previously paid anti-dumping duties according to the Conclusion dated October 13, 2020.

Previously, after more than 1-year of investigation from October 9, 2019, on October 13, 2020, CBP has concluded that Minh Phu Corporation evaded the anti-dumping order imposed on Frozen Indian shrimp products and demanded anti-dumping duties on Minh Phu’s shrimp products based on the assumption that the Company’s traceability system still has some small errors, Minh Phu Corporation has not cooperated fully for not providing the traceability documents to each bill of lading imported Indian shrimp.

Having faith in the company’s system and data, Minh Phu’s leaders cooperated with IDVN Lawyers and Morris, Manning & Martin, which filed an administrative complaint with CBP’s senior agency on November 10, 2020, requested a reconsideration of the above conclusion. Because this conclusion ignored the most important evidence that Minh Phu Company had an effective private trace system (although the system mentioned was not in accordance with the standard set by the EAPA) and did not use Indian shrimp for export to the United States.

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