Court of International Trade Remands Surrogate Country Selection in Antidumping Duty Review of Chinese Shrimp

News & Insights
Nov 30, 2012

The Court of International Trade today issued a remand for the Commerce Department to reconsider the surrogate market economy country used to calculate duties in the fifth administrative review of the antidumping duty order on shrimp from China, a nonmarket economy. Picard Kentz & Rowe brought the case on behalf of the Ad Hoc Shrimp Trade Action Committee, an association of domestic producers of frozen warmwater shrimp, challenging the selection of India instead of Thailand. Chief Judge Pogue directed the agency to better explain or otherwise reconsider its selection of India. The Commerce Department was faulted for failing to address Thailand being much more economically comparable to China than India, particularly because the Thai and Indian data on the record were of comparable quality. Remand results are due in January 2013.