CIT Chief Judge Pogue ordered remand in November 2012 and July 2013, finding the $0.21 Bangladeshi wage rate unreasonable and unsupported by substantial evidence. In yesterday’s remand results, Commerce changes course and values labor using a $0.93 hourly rate obtained byaveraging data from Bangladesh, Guyana, India, Indonesia, Nicaragua, and the Philippines. In result, the assigned antidumping duty margins increased significantly: to 1.20% from 0.80% and to 1.36% from 1.15% for the two Vietnamese exporters examined; and to 1.28% from 1.03% for exporters separate from the Vietnamese government not reviewed by Commerce.
The CIT will decide whether to affirm the remand results after considering comments due next month. If the CIT affirms, Commerce may appeal to the Federal Circuit – the remand is expressly “under respectful protest.” In the meantime, the remand results represent a hard-fought achievement by AHSTAC on behalf of the domestic shrimp industry. Commerce should not be sanctioning the meager wages paid to shrimpers in destitute countries.