Trade Court Remands Surrogate Country Selection in Frozen Fish Fillet Case

The Court of International Trade on July 7 remanded a case contesting an antidumping duty administrative review on frozen fish fillets from Vietnam. The still-confidential order from Judge M. Miller Baker directs Commerce to reconsider its surrogate country selection process and to consider countries at a “comparable level of economic development” as potential surrogates on an equal basis with countries Commerce deems to be at “the same level of economic development” (Catfish Farmers of America, et al. v. U.S., CIT # 21-00380).

The order grants in part, and denies in part, the Catfish Farmers' 2022 motion for judgment. Commerce must file its remand determination within 120 days of the order.

Commerce had chosen India as a surrogate for Vietnam despite Indonesia producing "identical and comparable merchandise" that more closely resembles the Vietnamese market. Indonesia produces and exports more than India and has more reliable data, plaintiff Catfish Farmers of America argued in its 2021 complaint (see 2108300051).