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November 4, 2013 by PKR

Commerce on Remand Assigns 112.81% Antidumping Margin to Chinese Shrimp Exporter

The U.S. Department of Commerce today filed remand results in longstanding litigation over the 2008-09 administrative review of shrimp from the People’s Republic of China.  PKR brought the case in 2010 on behalf of the Ad Hoc Shrimp Trade Action Committee (AHSTAC), an association of domestic producers of frozen warmwater shrimp, challenging the companies selected to calculate duties.  AHSTAC alleged that Commerce had not sufficiently evaluated the evidentiary basis used to select companies for examination and the CIT on those grounds ordered remand in August 2011.  When the CIT eventually affirmed Commerce’s remand, AHSTAC appealed to the U.S. Court of Appeals for the Federal Circuit.

Before the Federal Circuit could rule, however, the government requested a voluntary remand to reconsider the 2008-09 review results because new evidence had come to light concerning the Chinese exporter Hilltop International and its U.S. affiliate Ocean Duke Corp.  Over their objections, the Federal Circuit granted remand in May 2013.

In today’s remand results, Commerce takes authoritative action in response to evidence of misrepresentations made to the agency regarding the structure of the company and its exporting activities.  Using the “adverse facts available” statute, Commerce assigns Hilltop a final antidumping margin of 112.81%.

No duties were originally assessed for Hilltop in the 2008-09 review.  However, Commerce on remand – in response to evidence that PKR provided on behalf of AHSTAC in the 2010-11 review – found that Hilltop made material misrepresentations regarding the identity of its affiliates and that Hilltop repeatedly refused to address evidence suggesting that it had engaged in transshipment schemes to avoid the payment of antidumping duties on previous shrimp entries.  Comments on the remand results are due later this month.

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Filed Under: International Trade, News Tagged With: antidumping, CAFC, China, CIT, import fraud, International Trade, seafood trade

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