CIT Sustains Commerce's Shift From AFA for Failure to Give Assistance to First-Time Respondent
The Court of International Trade sustained the Commerce Department's switch to neutral facts available from adverse facts available in an antidumping duty review due to the agency's failure to provide adequate assistance to a small, first-time respondent. The plaintiff --…
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.
Calcutta Seafoods, Bay Seafood and Elque & Co., referred to as the Elque Group -- challenged the final results of the 2017-18 administrative review of the antidumping duty order on frozen warmwater shrimp from India. In the court's first opinion in the case, Judge Gary Katzmann said that the Elque Group gave proper notice of its need for help, which Commerce failed to give. Commerce's move away from AFA will cause Elque Group's dumping margin to fall to 27.66%, from 110.9%.