The Court of International Trade in November ordered remand for the Commerce Department to reconsider the surrogate market economy country selected to calculate duties in the fifth administrative review of the antidumping duty order on shrimp from China. PKR brought the case on behalf of the Ad Hoc Shrimp Trade Action Committee (AHSTAC), an association of domestic producers of frozen warmwater shrimp, challenging the selection of India.
In today’s final remand results, Commerce took authoritative action in response to evidence of duty evasion and found that the surrogate country selection issue was moot.
Using the “adverse facts available” statute, Commerce assigned a final antidumping margin of 112.81% to a Chinese exporter’s U.S. imports of subject merchandise between February 1, 2009 and January 31, 2010. Although no duties were originally assessed for this exporter, Commerce – in response to evidence that PKR provided on behalf of AHSTAC – found that the exporter had made material misrepresentations regarding the identity of its affiliates. Comments on the remand results are due later this month.
