CIT Expands Remand of China Shrimp AD Review on Fraud Allegations
The Court of International Trade agreed to a request by the International Trade Administration to expand a remand of the 2009-10 antidumping administrative review of frozen warmwater shrimp from China (A-570-893) to address recent fraud allegations. The final results of the proceeding were originally remanded Nov. 30 for the ITA to better explain its selection of India as the surrogate country to value inputs used by Hilltop International during the review. After receiving a request for changed circumstances review that alleged fraud by Hilltop during the proceeding, the ITA asked CIT to broaden the remand’s scope. The ITA did not disclose the fraud allegations in this case, and Hilltop argued it was required to in order to have the scope expanded. The court, however, found it sufficient that there was no evidence the ITA’s request was made in bad faith.
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(See ITT’s Online Archives 12120302 for summary of the original remand.)
(Ad Hoc Shrimp Trade Action Comm. v. United States, Slip Op. 13-04, dated 01/09/13, Judge Pogue)
(Attorneys: Andrew Kentz of Picard Kentz & Rowe for plaintiff Ad Hoc Shrimp Trade Action Committee; Joshua Kurland for defendant U.S. government; Mark Pardo of Grunfeld Desiderio for defendant intervenors Hilltop International and Ocean Duke Corporation.)