Commerce Can't Use EAPA Case to Reject Third Country Sales in AD Review, CIT Rules
The Commerce Department did not properly support its conclusion that it couldn't use antidumping respondent Z.A. Sea Foods Private Limited's (ZASF) Vietnamese sales to calculate normal value, the Court of International Trade ruled in an April 19 opinion. The case…
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concerns a review of the AD order on frozen warm water shrimp from India in which Commerce rejected using ZASF's Vietnamese data for constructed value despite it being the largest market for the respondent's third country sales. The court said that Commerce's reliance on CBP's antidumping evasion determination on Vietnamese shrimp which did not involve ZASF cannot stand as a basis to reject the data. However, the court did uphold the agency's decision to not apply a knowledge test to its assessment of potential third country markets.