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Home > Current News > 2005

News: 2005

Shrimper Advisory — Deadline Nears for First Potential Disbribution of Duty Deposits on Shrimp Imports
Posted: 7/22/05

Qualified domestic shrimp producers who have been affected by foreign dumping of shrimp have until Aug. 1 to file claims for an offset of qualifying expenditures under the Continued Dumping and Subsidy Offset Act of 2000, commonly known as the "Byrd Amendment," according to the June 1, 2005 Federal Register notice issued by the Bureau of Customs and Border Protection (BCBP).

In consideration of the short application deadline, and in an effort to assist those who may not have received applications, the Louisiana Department of Wildlife and Fisheries (LDWF) has posted "Producer's Claim Applications and Certification" forms along with instructions on its Web site at http://www.wlf.louisiana.gov/shrimp/instructions.pdf., and the application form at http://www.wlf.louisiana.gov/shrimp/claim.pdf. Additionally, forms may be obtained by contacting LDWF offices in Baton Rouge, Slidell, New Orleans, Bourg, New Iberia and Lake Charles, as well as Sea Grant Extension offices at LSU Ag Center locations in Cut Off, Houma, Belle Chasse, Metairie, Abbeville, Franklin, New Iberia, Lake Charles and Cameron. It is important to note that the sample forms and instructions developed by the Southern Shrimp Alliance (SSA) should be considered as an advisory only and should not be taken as legal advice.

It is unlikely that any funds collected from duty deposits on shrimp imports will be available for distribution this year. However, if funds are available for distribution, claims for 2005 distributions must be received by the BCBP before Aug. 1, 2005. All claims should be addressed to the Assistant Commissioner, Office of Finance, Bureau of Customs and Border Protection, Revenue Division, Attention: Leigh Redelman, P.O. Box 68940, Indianapolis, IN 46268 or if using the street address; 6650 Telecom Drive, Suite 100, Indianapolis, IN 46278.

The June 1, 2005, Federal Register notice also identified affected domestic producers including commercial shrimp fishermen, shrimp vessel owners, shrimp dealers and businesses who are potentially eligible to receive a distribution. A producer is potentially eligible to receive distributions if the producer publicly supported the shrimp antidumping petition by submitting written support of the petition or belonged to an organization that submitted written evidence of support for the petition to the U.S. International Trade Commission (USITC) before Dec. 8, 2004. The Federal

Register notice is available at http://edocket.access.gpo.gov/2005/pdf/05-10497.pdf. The document at this link is extremely large and may be difficult to open and download without a high-speed Internet connection.

The BCBP requires that in order to receive distributions from the six countries named in the antidumping duty orders, separate applications must be submitted for each country-claim. Applicants are advised that claims require the producer to certify that it remains in operation and continues to produce shrimp, has not been acquired by a company or business that is related to a company which opposed the antidumping investigations, has records to support each qualifying expenditure listed in the certification, and how these qualifying expenditures are determined to be related to the production of shrimp. Due to the level of detail required in listing qualified expenditures required in, it is recommended that applicants seek accounting advice from professionals.

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