Court of International Trade Authorizes Commerce to Consider Evidence Regarding Circumvention

News & Insights
Jan 9, 2013

The Court of International Trade today issued a decision granting the government’s request to reopen an administrative review of the antidumping duty order on shrimp from China that was concluded in 2011. The Commerce Department now will consider evidence made public in 2012 that suggested transshipment through Cambodia to evade antidumping duties. This evidence was brought to the agency’s attention by Picard Kentz & Rowe on behalf of the Ad Hoc Shrimp Trade Action Committee. Chief Judge Pogue ruled that the Commerce Department has wide latitude to reconsider its determinations based on new evidence alleging fraud in administrative proceedings. He rejected the implicated Chinese exporter’s argument that the government had made an insufficient showing and emphasized the compelling justification provided in good faith by the Commerce Department.