CIT Sends Back Review of Antidumping Duty Order on Indian Frozen Shrimp

In a confidential order, the Court of International Trade on Aug. 15 remanded the final results of an administrative review on frozen shrimp from India. In doing so, Judge Thomas Aquilino granted the motions for judgment of both an exporter and a petitioner (Ad Hoc Shrimp Trade Action Committee v U.S., CIT Consol. # 23-00202).

Exporter Megaa Moda, a mandatory respondent to the review, argued in its motion that Commerce erred when calculating its shrimp’s normal value because the department failed to consider short-term interest offsets the exporter received from an Indian program (see 2402080060). Meanwhile, petitioners led by the Ad Hoc Shrimp Trade Action Committee also took issue with the calculation, although they alleged that some of Megaa Moda’s home market sales weren’t destined for India.

The government responded saying that the Commerce Department’s decision to deny Megaa Moda’s requested short-term interest income offsets because they weren’t actually generated from the exporter’s “current assets and working capital accounts,” but rather from refunds of interest expenses from export credits, a liability, not an asset (see 2404160042). It also opposed Ad Hoc Shrimp’s allegation, saying there was no evidence indicating Megaa Moda had any idea its home market sales were being diverted elsewhere.