Appellate Court Rejects Government Challenge to Ban on Importation of Some Mexican Seafood; Ability of SIMP to Stop Illegal Shrimp Imports at Issue in Court Case

On Monday, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) rejected the U.S. Government’s appeal of a preliminary injunction issued by the U.S. Court of International Trade (CIT) in July 2018 ordering the National Oceanic and Atmospheric Administration (NOAA) “to ban the importation of all fish and fish products from Mexican commercial […]

U.S. Customs and Border Protection Reports That Over $60 Million in Antidumping Duty Deposits Were Made on Shrimp Imports in Fiscal Year 2017

The Department of Homeland Security recently publicly released U.S. Customs and Border Protection’s (CBP) annual report to Congress regarding antidumping and countervailing duty enforcement for fiscal year (FY) 2017. The report, titled Antidumping and Countervailing Duty Enforcement Actions and Compliance Initiatives: FY2017, was completed and submitted to Congress on July 30, 2018 and provides a comprehensive […]

Court of Appeals Rejects Vietnamese Exporters’ Effort to Reduce Antidumping Duties

On Wednesday, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) summarily affirmed a 2016 U.S. Court of International Trade (“CIT”) decision rejecting the challenges brought by Vietnamese exporters and some U.S. importers against the U.S. Department of Commerce’s (“Commerce”) Final Results in the eighth administrative review of the antidumping duty order on […]

Supreme Court Rejects Request to Review Commerce’s Authority to Apply High Antidumping Duties in Response to Exporters’ Fraud

In multiple administrative reviews of the antidumping duty order on Chinese shrimp, the Chinese shrimp producer and exporter Hilltop International provided false information to the U.S. Department of Commerce (Commerce) regarding the relationship the company had with a Cambodian company (Ocean King (Cambodia)) that exported shrimp to the United States. Although Hilltop International claimed to have […]

FEDERAL APPEALS COURT REJECTS VIETNAMESE EXPORTER’S DUTY RATE CHALLENGE

Today, the U.S. Court of Appeals for the Federal Circuit issued a decision rejecting Viet I-Mei Frozen Food Co.’s (Viet I-Mei) challenge of the 25.76% antidumping duty assessed on its shipments of shrimp to the United States for the fourth administrative review period.   The administrative review covered shrimp import entries made between February 1, […]

Federal Court of Appeals Authorizes Commerce to Consider Evidence Regarding Circumvention

On Friday, the United States Court of Appeals for the Federal Circuit issued a non-precedential per curiam opinion granting the government’s request to reopen the 4th annual review of the antidumping duty order covering shrimp from China imported between 2008 and 2009.  The Court of Appeals’ decision follows a federal district court’s similar decision in […]

Expanding the Order to Cover “Dusted” Shrimp

Commerce created a significant loophole in the effectiveness of the antidumping duty orders by excluding so-called “dusted shrimp” from the duties. Commerce defined this product as shelled, individually quick frozen shrimp, dusted with between four and ten percent flour. The SSA has opposed the exclusion as a sham that makes getting around the duties simple […]