Southern Shrimp Alliance Asks Commerce to Limit Damage to Trade Laws from President Biden’s Emergency Declaration
Last week, the Southern Shrimp Alliance submitted comments in opposition to new regulations proposed by the U.S. Department of Commerce (“Commerce”) that would facilitate the importation of massive amounts of crystalline silicon photovoltaic (“CSPV”) cells and modules exempt from the payment of antidumping (“ADs”) and countervailing duties (“CVDs”). In July, Commerce proposed new regulations that would implement President Biden’s Emergency Declaration […]
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Southern Shrimp Alliance Asks the Department of Labor to Close Loopholes in the Identification of Seafood Produced through Slave Labor
Yesterday, in response to a request for information and invitation to comment from the Bureau of International Labor Affairs, Department of Labor (“ILAB”), the Southern Shrimp Alliance asked the agency to close loopholes that exempt entire categories of seafood from being identified as produced through child or forced labor. Since 2009, ILAB has published a list of goods produced through […]
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In Dismissal of Slavery Case, the Limitations on Accountability for Vertically-Integrated Seafood Supply Chains Become Clear
Shortly before Christmas, a federal judge in the Central District of California, Judge John F. Walter, dismissed a civil lawsuit brought by seven Cambodian nationals seeking compensation for their treatment as workers in two Thai seafood processing plants. Through three separate orders issued on December 21st, Judge Walter dismissed the plaintiffs’ claims against the Thai seafood processing plant S.S. Frozen Food […]
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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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Commerce Issues Final Re-Determination of Duty Rates Calculated for Vietnamese Exporter Affiliate of Ocean Duke; Re-Opens Sunset Review to Consider Evidence of Fraud
In response to a decision by the U.S. Court of International Trade, the U.S. Department of Commerce today published the Final Results of a re-conducted administrative review calculating antidumping duties owed on shrimp imports from Grobest & I-Mei Industrial (Vietnam) Co., Ltd. (“Grobest”). In August 2010, Commerce published the final results of its administrative review of Vietnamese shrimp imports entered […]
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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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Court of International Trade Affirms Commerce’s Treatment of Chinese Exporter Found to Have Committed Material Misrepresentation
Yesterday, 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 China between 2009 and 2010 brought by the Ad Hoc Shrimp Trade Action Committee (AHSTAC). During the course of AHSTAC’s appeal, Commerce received permission to consider evidence […]
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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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Trade Court Authorizes Commerce to Consider Evidence Regarding Circumvention
Today, the U.S. Court of International Trade issued a decision granting the government’s request to reopen the 5th annual review of the antidumping duty order covering shrimp from China imported between 2009 and 2010. The Department of Commerce will now consider evidence that the Ad Hoc Shrimp Trade Action Committee (AHSTAC) brought to the agency’s attention in the 6th annual […]