CIT Sustains Decision That Fish Producer Controlled by Vietnamese Government in AD Case

The Court of International Trade sustained the Commerce Department's decision in the 15th antidumping administrative review of fish fillets from Vietnam that I.D.I. International Development and Investment Corp. failed to rebut the presumption of government control, in a July 6 order. The opinion in the case is confidential and will remain as such until Judge M. Miller Baker considers redactions for business confidential information with the litigants. Responses to the confidential opinion are due by July 20.

In the review, I.D.I. requested a separate rate from the Vietnam-wide rate, arguing that it was not controlled by the Vietnamese government -- a requirement for companies seeking to get their own rate operating in non-market economies. I.D.I. said it is a publicly listed joint stock company on the Ho Chi Minh City Stock exchange and explained its ownership structure. The Catfish Farmers of America argued that I.D.I. failed to show it was entitled to a separate rate. Commerce agreed, finding that I.D.I. did not prove the absence of de facto government control.