Court of International Trade Upholds Duties Imposed on Indian Shrimp

On Friday, the U.S. Court of International Trade (CIT) issued the public version of a decision upholding the U.S. Department of Commerce’s (Commerce) application of antidumping duties on imports of Indian shrimp.  The case, Apex Frozen Foods Private Ltd. v. U.S., involved an appeal from Indian shrimp exporters challenging Commerce’s finding that these companies had sold shrimp into the United States at less than fair value between February 1, 2012 and January 31, 2013.  The Indian shrimp exporters alleged that Commerce utilized an unreasonable methodology for determining whether they were dumping shrimp into the U.S. market during that time period.  Using the challenged methodology, Commerce calculated a 1.97% dumping margin for Devi Fisheries Limited, a 3.01% dumping margin for Falcon Marine Exports Limited, and a 2.49% dumping margin for all other Indian shrimp exporters participating in the review proceeding.
In response to the various arguments raised by the Indian shrimp exporters, the CIT found that Commerce’s determination was fully in accordance with law and rejected the appeal.  In particular, the CIT confirmed that Commerce was empowered by Congress to apply an alternative price comparison analysis in administrative reviews provided that it made certain findings required by the statute.  The CIT further held that in making the findings necessary to apply the alternative price comparison, Commerce had acted reasonably and that the agency’s conclusions were supported by the administrative record.  Finally, the CIT ruled that Commerce had appropriately applied its price comparison methodology and that the agency had reasonably exercised discretion in declining to consider additional evidence that the Indian shrimp exporters had attempted to place on the administrative record late in the proceeding.
The domestic shrimp industry was represented in the litigation by the Ad Hoc Shrimp Trade Action Committee, participating as a defendant-intervenor before the CIT in support of Commerce’s determination.
Read the public version of the U.S. Court of International Trade’s decision in Apex Frozen Foods Private Ltd. v. U.S. here:
http://www.shrimpalliance.com/wp-content/uploads/2016/02/Slip-Op-16-9.pdf

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