CIT Affirms Use of CBP Data for Respondent Selection in China Shrimp AD Review

The Court of International Trade affirmed the International Trade Administration’s remand redetermination in the 2008-09 administrative review of the antidumping duty order on certain frozen warmwater shrimp from China (A-552-801). The remand redetermination, which domestic plaintiffs Ad Hoc Shrimp Trade Association (AHSTA) continued to dispute, was pursuant to a 2011 CIT order to further explain or reconsider its decision to rely exclusively on U.S. Customs and Border Protection Form 7501 data for entries designated as “Type 03”¹ when selecting mandatory respondents in the review.

After considering the ITA's explanation in its remand redetermination, CIT ruled that the evidence of inaccuracies in Type 03 CBP data is insufficient to render the ITA’s determination unreasonable, and CIT deferred to the ITA’s reasonable choice among alternative data sets. With respect to AHSTA’s new argument that the ITA may not limit review to respondents with suspended entries of subject merchandise, CIT said the controversy is not ripe enough to rule on the issue.

¹Type 03 is the CBP entry code for merchandise subject to an AD or countervailing duty order.

(See ITT's Online Archives 11083141 for summary of CIT's 2011 ordering ITA to further explain or reconsider the decision at issue. See also ITT's Online Archives 10080927 for summary of the final results 2008-09 AD review of frozen warmwater shrimp from China.)

(CIT Slip Op. 12-36, dated 03/20/12, Judge Pogue)