China Frozen Shrimp: Commerce Reverses 2007 Review on Fraud Allegations for Hilltop
The Commerce Department is reversing a finding that Hilltop International is the successor to Yelin Enterprise Co. Hong Kong for the purposes of the antidumping duty order on frozen warmwater shrimp from China (A-570-893). Commerce had originally found Hilltop to be eligible for Yelin’s lower AD rate, but subsequently discovered Hilltop misrepresented facts to Commerce during another proceeding. Commerce has previously said those misrepresentations have made Hilltop’s responses “unreliable for any purposes,” including for the changed circumstances review that made Hilltop eligible for Yelin’s rate.
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Hilltop is already subject to the 112.81% China-wide rate for state controlled companies because of Commerce’s application of adverse facts available in connection with the fraud allegations during the 2010-11 administrative review. The company had been set for its third consecutive zero rate and company-specific revocation before the allegations surfaced. The allegations also resulted in court orders to reexamine the records of the 2008-09 and 2009-10 administrative reviews to consider the evidence of fraud.
(Federal Register 12/16/13)