Commerce issued final results regarding the second administrative reviews of shrimp imported from Thailand, Ecuador, India, Brazil, and Vietnam in August 2008.
Incredibly, the second administrative review regarding shrimp from China was terminated because Chinese exporters claimed to have shipped no shrimp subject to the antidumping duty order between February 1, 2006 and January 31, 2007 (the second administrative review period).
The SSA appealed to the CIT a number of determinations made by Commerce in the second administrative reviews, such as Commerce’s decision to ignore procedures established by the regulations and instead allow a Thai exporter to withhold necessary information without penalty. The effect of that and other Commerce decisions was to reduce the amount of duties owed from more than 15 percent to less than 3 percent.
Briefing and oral argument for each of the second administrative reviews appealed was completed in 2009. A decision rejecting the domestic industry’s challenges to the final results of the second administrative review of shrimp from Ecuador was rendered on October 30, 2009. At the same time, a decision rejecting a foreign exporter’s challenge to the final results of the second administrative of shrimp from India was handed down by the Court on June 24, 2009. With respect to shrimp from Vietnam, on September 29, 2009 the Court ordered that Commerce further consider distinct challenges brought separately by the domestic industry and foreign exporters. Three months later, the Court ordered Commerce to re-examine the challenges brought by foreign exporters to the final results of the second administrative review of shrimp from Thailand.