Picard Kentz & Rowe LLP

  • People
  • Practice Areas
    • International Trade
    • International Investment and Project Development
    • International Disputes/Rights & Obligations of Sovereign States & Autonomous Regions
    • U.S. & International Regulation and Legislation
    • Board Advisory Work
    • Public Interest and Charitable Activities
  • Global Experience
  • News
  • Careers
  • Contact Us

April 23, 2014 by PKR

Commerce’s Response to Targeted Dumping Defended at the CIT

On behalf of the Ad Hoc Shrimp Trade Action Committee (“AHSTAC”), an association of domestic producers of warmwater shrimp, PKR today filed a brief at the U.S. Court of International Trade defending the U.S. Department of Commerce in the seventh administrative review of the antidumping duty order on shrimp from India.  Commerce found that an Indian shrimp exporter was responsible for “targeted dumping” after identifying a pattern of U.S. sales prices that differed significantly among purchasers, regions, or periods.  To address this concern, Commerce employed an alternative method of calculating antidumping duties that excluded sales above normal value through “zeroing.”
The Indian Plaintiffs argued that Commerce is prohibited from addressing targeted dumping in administrative reviews.  AHSTAC today countered that Commerce not only has such authority, but an affirmative statutory obligation to counteract that injurious sales behavior.  AHSTAC supported Commerce’s targeted dumping analysis that resulted in all but two Indian companies being assigned a 3.49% margin.  One CIT judge has already found that Commerce can address targeted dumping in reviews and the issue may be destined for the U.S. Court of Appeals for the Federal Circuit, which recently affirmed Commerce’s ability to use zeroing in reviews.
Print Friendly, PDF & Email

Filed Under: International Trade, News Tagged With: antidumping, CAFC, CIT, India, International Trade, seafood trade, zeroing

Contact

Picard Kentz & Rowe LLP
1750 K Street NW, Suite 800
Washington, DC 20006
Phone: +1 202 331 4040
Fax: +1 202 331 4011
info@pkrllp.com

Recent Posts

  • U.S. Customs and Border Protection Reports Record Amounts of Imports Subject to Antidumping and Countervailing Duties in FY2021
  • Number of U.S. Industries Filing Antidumping and Countervailing Duty Petitions Decreases Significantly in Fiscal Year 2021

Sitemap

PKR LLP Sitemap

© Picard Kentz & Rowe LLP

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. If you have a particular problem or issue for which you require legal advice, you should consult an attorney. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Picard Kentz & Rowe LLP and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.