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CIT Remands Decision to Grant Vietnamese Catfish Exporter Separate AD Rate

The Court of International Trade on April 17 sent back the Commerce Department's finding that exporter East Sea Seafoods Joint Stock Co. established a right to a separate antidumping rate in the 2019-20 review of the AD order on catfish…

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from Vietnam. Judge M. Miller Baker said the agency failed to "show its work." The judge said that, even if Commerce properly granted East Sea a separate rate, it erred in assigning the company its AD rate, which the agency based on its cash deposit rate. Baker additionally sent back Commerce's use of India over Indonesia as the primary surrogate nation in setting exporter NTSF Seafoods Joint Stock Co.'s AD rate.