Federal Circuit Tosses Challenge to AFA in AD Review of Vietnamese Fish Fillets

The U.S. Court of Appeals for the Federal Circuit dismissed a challenge to the Commerce Department's use of adverse facts available in an antidumping duty review of frozen fish fillets from Vietnam after the plaintiffs, led by the Hung Vuong Corporation, moved to voluntarily toss the appeal. The Court of International Trade had upheld Commerce's use of AFA based on Hung Vuong's failure to retain source documents on feed consumption, production records and sales correspondence, and the respondent's failure to report factors of production data on a control number-specific basis (see 2110130031) (Hung Vuong Corporation, et al. v. United States, Fed. Cir. #22-1261).