AD Petitioner Tells CIT Commerce Illegally Included Certain of Shrimp Exporter's Sales in AD Calculation

The Commerce Department improperly included sales made by exporter Megaa Moda in the calculation of normal value as part of the 2021-2022 review of the antidumping duty order on frozen warmwater shrimp from India, petitioner Ad Hoc Shrimp Trade Action Committee said in a Sept. 25 complaint at the Court of International Trade (Ad Hoc Shrimp Trade Action Committee v. United States, CIT # 23-00202).

In the review, Commerce calculated a 7.92% margin for Megaa Moda, a 1.43% margin for exporter NK Marine and a 3.88% margin for the 185 non-individually reviewed exporters. The petitioner said that the record in the review showed that certain of Megaa Moda's sales made as home market sales "were not for consumption in that market" and thus cannot stand as the basis for the calculation of normal value. The agency distorted the less-than-fair-value comparison by including them, the complaint said.

The petitioner said in the second count of its complaint that because the margin for Megaa Moda was tainted, so was the margin calculated for the non-individually selected respondents. This mark "failed to fully offset the amount of dumping that occurred" during the review period, the brief said.