DOJ Agrees Commerce Should Not Use AFA After CIT Remand in Shrimp AD Case

The Commerce Department complied with the Court of International Trade's remand instructions in an antidumping case on frozen warmwater shrimp from India by switching from an application of adverse facts available to neutral facts available, the Department of Justice said in June 17 comments on the remand results (Calcutta Seafoods Pvt. Ltd., Bay Seafood Pvt. Ltd. v. U.S., CIT #19-00201). So far, no parties to the case have taken issue with the remand results, though Commerce submitted them “under respectful protest.” DOJ joins defendant-intervenor and petitioner in the case, Ad Hoc Shrimp Trade Action Committee, in signing off on the remand results (see 2106040074).

CIT issued the remand results after finding that Commerce failed to “provide adequate assistance” to Elque Group, a respondent in the case and small company that was found to have provided adequate notice to Commerce that it needed assistance. AFA was applied originally because Commerce deemed Elque Group's cost data unreliable (see 2102030006).