CIT Sustains Finding Some of Shrimp Exporter's Home Market Sales Not 'For Consumption'
The Court of International Trade in a confidential July 8 decision sustained the Commerce Department's remand results in a case on the 2021-22 review of the antidumping duty order on frozen warmwater shrimp from India.
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.
Previously, Judge Thomas Aquilino rejected Commerce's finding that some of repsondent Megaa Moda's home market sales weren't made "for consumption" in that market (see 2408210040). Aquilino said the agency can't just use a prior CIT decision to say the agency can't use the trade patterns of a company's customers to find that the sales aren't for consumption.
On remand, Commerce stuck with its finding after looking into the respondent's claim it sold unbranded shrimp because the product is exempt from an Indian goods and services tax, not because it knew the shrimp would be exported overseas (see 2411270055). The result was a 7.92% AD rate for Megaa Moda (Ad Hoc Shrimp Trade Action Committee v U.S., CIT Consol. # 23-00202).