Yet Grobest thereafter refused to participate in the review and insisted that Commerce terminate the proceeding. This demand was opposed by the Ad Hoc Shrimp Trade Action Committee (“AHSTAC”), an association of domestic producers of warmwater shrimp represented by PKR, who argued that the CIT ruling and other applicable legal requirements necessitated the review. Commerce agreed with AHSTAC and, in response to the exporter’s non-cooperation, today applies statutory “adverse facts available” to assign Grobest the 25.76% margin.
Also today, Commerce noticed its intent to reopen the five-year “sunset” review of the AD order on shrimp from Vietnam that concluded in 2010. Commerce describes AHSTAC’s evidence “suggesting the existence of a multi-year transnational scheme to avoid payment of duties on Vietnamese shrimp” and its “concern” that the record examined in the sunset may have been tainted by fraud.” Comments on the reopened proceeding are due next month.