Court of Appeals Rejects Vietnamese Exporters’ Effort to Reduce Antidumping Duties

On Wednesday, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) summarily affirmed a 2016 U.S. Court of International Trade (“CIT”) decision rejecting the challenges brought by Vietnamese exporters and some U.S. importers against the U.S. Department of Commerce’s (“Commerce”) Final Results in the eighth administrative review of the antidumping duty order on certain frozen warmwater shrimp from […]

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Preliminary Results for Administrative Reviews of Vietnam and India Shrimp Antidumping Orders Published

On Monday, notice was published in the Federal Register of the U.S. Department of Commerce’s (Commerce) preliminary results of the twelfth administrative review of the antidumping duty orders on frozen warmwater shrimp from India and the Socialist Republic of Vietnam. These review proceedings cover shrimp imported into the United States between February 1, 2016 and January 31, 2017. In the Indian […]

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Supreme Court Rejects Request to Review Commerce’s Authority to Apply High Antidumping Duties in Response to Exporters’ Fraud

In multiple administrative reviews of the antidumping duty order on Chinese shrimp, the Chinese shrimp producer and exporter Hilltop International provided false information to the U.S. Department of Commerce (Commerce) regarding the relationship the company had with a Cambodian company (Ocean King (Cambodia)) that exported shrimp to the United States. Although Hilltop International claimed to have no relationship with Ocean King, […]

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FEDERAL APPEALS COURT REJECTS VIETNAMESE EXPORTER’S DUTY RATE CHALLENGE

Today, the U.S. Court of Appeals for the Federal Circuit issued a decision rejecting Viet I-Mei Frozen Food Co.’s (Viet I-Mei) challenge of the 25.76% antidumping duty assessed on its shipments of shrimp to the United States for the fourth administrative review period.   The administrative review covered shrimp import entries made between February 1, 2008 and January 31, 2009.  […]

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U.S. Department of Commerce Requests U.S. Customs and Border Protection to Investigate Evasion of Antidumping Duties

In a letter issued Wednesday, the U.S. Department of Commerce (Commerce) informed U.S. Customs and Border Protection (CBP) that “[i]t has come to the attention of [Commerce] that evasion of antidumping duties may be occurring on imports of certain frozen warmwater shrimp from the People’s Republic of China.”  The letter accompanied the transmittal of non-public, business proprietary information amassed by […]

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U.S. Department of Commerce Issues Final Results of Administrative Review Combating Fraud in Chinese Shrimp Trade

The final results of the eighth administrative review of the antidumping duty order on certain frozen warmwater shrimp from the People’s Republic of China was published last Friday in the Federal Register.   The publication indicates that the U.S. Department of Commerce found all Chinese shrimp producers and exporters included in the review to be subject to an antidumping duty […]

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Commerce Announces Preliminary Results in Eighth Administrative Reviews of the Antidumping Duty Orders on Shrimp

Yesterday, the U.S. Department of Commerce announced preliminary results in the administrative proceedings determining antidumping duties assessed on shrimp imports that entered the United States between February 1, 2012 and January 31, 2013.  The results of the eighth administrative review, when final, will also establish the cash deposits required to be made by importers for future shipments. In the previous […]

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Commerce Reverses Past Determination in Response to Fraud

Today, the Federal Register published yet another Commerce redetermination of a past administrative proceeding related to Ocean Duke and its affiliated Chinese shrimp supplier.  The Notice published today is the final results of the reconsideration of a changed circumstances review requested by Ocean Duke in 2007 that resulted in Hilltop International being recognized as Yelin Enterprise Co. Hong Kong’s successor-in-interest […]

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Commerce Announces Preliminarily Results That Would Substantially Increase Duties Owed on Past Entries of Vietnamese Shrimp

Today, the U.S. Department of Commerce announced preliminarily results finding that frozen warmwater shrimp from the Vietnamese shrimp exporter Grobest & I-Mei Industrial (Vietnam) (“Grobest”) entered between February 1, 2008 and January 31, 2009 should be subject to an antidumping duty rate of 25.76%. In that review, Grobest had initially received a 3.92% antidumping duty rate but filed suit at […]

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Comment: Court of International Trade Again Rejects Use of a Twenty-One Cents an Hour Wage Rate to Value Labor in Antidumping Cases

Today, the U.S. Court of International Trade (CIT) issued an opinion in the challenge to the final results of the 5th annual review of the antidumping duty order covering shrimp imported from Vietnam between 2009 and 2010 brought by the Ad Hoc Shrimp Trade Action Committee (AHSTAC).    Because the U.S. Department of Commerce’s (Commerce) review involved a nonmarket economy, […]

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