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CIT Approves Use of Customs Data to Pick Thai Shrimp AD Review Respondents

Following a remand of the results of the AD review of frozen warmwater shrimp from Thailand for the period February 2007 through January 31, 2008, Thai producer/exporters renewed a challenge to the ITA’s use of data obtained from U.S. Customs and Border Protection for purposes of selecting respondents. The court ruled that the use of the data is not arbitrary, is a reasonable application of the AD statute; and is supported by substantial evidence on the record.

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(The ITA’s prior practice was to use information obtained from quantity and value (“Q&V”) questionnaires to select respondents.)

(See ITT’s Online Archives or 09/17/10 news, 10091720, for BP summary of earlier remand decision.)

(Slip Op. 11-6, January 18, 2011)