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CAFC Reopens 2008-09 China Frozen Shrimp AD Review on Hilltop Fraud Allegations

The Commerce Department will take a look at allegations of fraud during the 2008-09 antidumping duty administrative review of frozen warmwater shrimp from China, after the Court of Appeals for the Federal Circuit granted the agency a remand. The case had been before CAFC on appeal from the Court of International Trade’s decision sustaining the 2008-09 final results in March 2012 (see 12040304). In the meantime, Commerce found respondent Hilltop International had committed fraud during the 2010-11 review (see 12083123). The Court of International Trade then expanded a remand of the 2009-10 review to see whether fraud also occurred during that proceeding (see 13011003). In ordering a remand of the 2008-09 final results, CAFC chose to follow the lower court’s lead.

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(Ad Hoc Shrimp Trade Action v. U.S., CAFC No. 12-1416, dated 05/28/13)