U.S. Customs and Border Protection Reports That Over $60 Million in Antidumping Duty Deposits Were Made on Shrimp Imports in Fiscal Year 2017

The Department of Homeland Security recently publicly released U.S. Customs and Border Protection’s (CBP) annual report to Congress regarding antidumping and countervailing duty enforcement for fiscal year (FY) 2017. The report, titled Antidumping and Countervailing Duty Enforcement Actions and Compliance Initiatives: FY2017, was completed and submitted to Congress on July 30, 2018 and provides a comprehensive overview of CBP’s enforcement activities […]

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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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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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COURT OF APPEALS FOR THE FEDERAL CIRCUIT AFFIRMS APPLICATION OF 112.81% DUTIES ON CHINESE SHRIMP EXPORTS

This morning, the Court of Appeals for the Federal Circuit (CAFC) rejected the appeals of the Chinese shrimp producer Hilltop International and its U.S. importer affiliate Ocean Duke Corp. that had challenged the application of 112.81% antidumping duties on imports of Hilltop’s shrimp.  In today’s decision, the CAFC upheld the U.S. Court of International Trade (CIT), which had previously affirmed […]

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Court of International Trade Upholds Two Commerce Determinations Applying Antidumping Duties to Imported Shrimp

Last week, the Court of International Trade (CIT) issued two decisions upholding determinations by the U.S. Department of Commerce (Commerce) to impose antidumping duties on unfairly-traded shrimp. In Apex Frozen Foods Private Ltd. v. United States, the CIT rejected a motion, filed by Indian shrimp exporters, seeking to amend a judgment issued by the Court in December 2014 affirming Commerce’s […]

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Commerce Authorized to Consider Evidence Regarding Circumvention of Shrimp Antidumping Duties

  On Friday, the U.S. Court of International Trade (CIT) issued an order authorizing the government to reopen the 4th annual review of the antidumping duty order covering shrimp imported from China between 2008 and 2009.  Although that review concluded in 2010, the Commerce Department now will consider evidence made public in 2012 suggesting transshipment through Cambodia to evade antidumping […]

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Federal Court of Appeals Authorizes Commerce to Consider Evidence Regarding Circumvention

On Friday, the United States Court of Appeals for the Federal Circuit issued a non-precedential per curiam opinion granting the government’s request to reopen the 4th annual review of the antidumping duty order covering shrimp from China imported between 2008 and 2009.  The Court of Appeals’ decision follows a federal district court’s similar decision in January to allow the government […]

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Expanding the Order to Cover “Dusted” Shrimp

Commerce created a significant loophole in the effectiveness of the antidumping duty orders by excluding so-called “dusted shrimp” from the duties. Commerce defined this product as shelled, individually quick frozen shrimp, dusted with between four and ten percent flour. The SSA has opposed the exclusion as a sham that makes getting around the duties simple because the “dusting” is easily […]

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Duties Revoked for Two Thai Companies

Over the strenuous objections of the SSA, the United States Trade Representative ordered that antidumping duties on two large Thai shrimp exporters be revoked as of January 16, 2009. The revocation of the antidumping order with respect to the Rubicon Group and Thai I-Mei was based on a decision by Commerce to recalculate the amount of dumping in the U.S. […]

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