CIT Remands Thai Shrimp AD Review on Commerce Decision not to Review Marine Gold
The Court of International Trade remanded the 2010-11 antidumping duty administrative review of frozen warmwater shrimp from Thailand (A-549-822), ordering the Commerce Department to reconsider its decision not to calculate an individual AD rate for Marine Gold Products Limited. Marine Gold hadn’t been selected as a mandatory respondent to the review, but had volunteered for review in the hopes of getting an individual AD rate. Commerce declined, citing the undue burden individual review of Marine Gold would place on the agency. But as it did in its July 2012 Grobest decision (see 12080205), the court held Commerce didn’t show that review of Marine Gold would be an “undue” burden beyond what is faced in a normal administrative review.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
CIT also sustained Commerce’s determination not to deduct antidumping duty cash deposits from the export price when calculating AD duty rates. As it had in previous cases, CIT said Commerce’s practice of not deducting the cash deposits is a reasonable interpretation of the law. And deduction could result in double counting too, the court said.
(Ad Hoc Shrimp Trade Action Comm. v. U.S., Slip Op. 13-99, dated 08/02/13, Judge Pogue)