CIT Faults CBP 7501 Data in China Shrimp AD Review, OKs N. Korea Price Data

In the February ’08 - January ’09 AD administrative review of certain frozen warmwater shrimp from China, the International Trade Administration chose respondents based on the import volumes reported in Customs and Border Protection’s Form 7501. The ITA refused to consider prior review period evidence from three federal agencies, including the ITA itself, showing that import volumes reported on Form 7501 were inaccurate. The Court of International Trade, noting that the agency in other instances readily uses information carried over from prior reviews, such as for company affiliations, faulted the agency for inconsistency, and ordered it to reconsider its use of the Form 7501 volume data, and possibly modify its respondent selection.

At the same time, the CIT upheld the ITA’s use of surrogate price data that included values for Indian imports of packing tape from North Korea, reasoning that even if the country were classified as an NME (it has not been), its export prices could not be presumed to be distorted in the absence of supporting evidence presented within a review. (ITA sources state that the following countries are considered to be NMEs: China, Vietnam, Armenia, Azerbaijan, Belarus, Georgia, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, and Uzbekistan.) (Slip Op. 11-106, dated 08/24/11)