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CIT Affirms Recalc of Red Garden's AD Rate from China Warmwater Shrimp Investigation

The Court of International Trade affirmed the International Trade Administration’s recalculation of Chinese exporter Shantou Red Garden Foodstuff’s antidumping duty rate in the investigation of certain frozen warmwater shrimp from China (A-570-893). CIT had remanded Red Garden’s 27.89 percent AD rate for recalculation in January. In its remand redetermination, the ITA assigned Red Garden an AD rate of 7.2 percent. CIT objected to the ITA’s use of a single Indian company’s data to calculate the surrogate value for Red Garden’s shrimp inputs in its remand redetermination, despite the availability of country-wide Ecuadorian data. But Red Garden did not object, so CIT affirmed.

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(See ITT's Online Archives 12011803 for summary of CIT's January remand of Red Garden's AD rate.)

(Shantou Red Garden Foodstuff Co., Ltd. v. United States, Slip Op. 12-133, dated 10/23/12, Judge Stanceu)

(Attorneys: John Kenkel of DeKieffer & Horgan for plaintiff Red Garden; Patricia McCarthy for defendant U.S. Government)