Vietnamese Fish Exporter Says AD Petitioner Abandoned Argument in CIT Case
Plaintiffs in an antidumping duty case, led by Catfish Farmers of America (CFA), failed to argue one count of its complaint in its opening brief, so the Court of International Trade should consider the issue abandoned, defendant-intervenor Nam Viet Corp. argued in a Feb. 1 opposition brief (Catfish Farmers of America, et al. v. United States, CIT # 22-00125).
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The case concerns the 2019-20 administrative review of the antidumping duty order on frozen fish fillets from Vietnam. AD petitioner CFA contested the final results at CIT, arguing in count five of its complaint against the Commerce Department's refusal to collapse Nam Viet with another company.
The issue should be deemed abandoned, the defendant-intervenor argued. "Since CFA has made no mention of the issue in its opening brief and has presented no arguments to support it, CFA cannot raise this issue in its reply brief," the defendant said.