Ad Hoc Shrimp Trade Action Comm. v. United States, No. 14-1514 (Fed. Cir. 2015)
Annotate this CaseThese appeals involve the Fourth and Fifth Administrative Reviews of an anti-dumping duty order covering frozen warm-water shrimp from China. Hilltop, an exporter of subject merchandise from China, was a mandatory respondent in both the Fourth and Fifth Reviews. At the beginning of the review, Hilltop filed a separate rate certification, representing that neither the company nor its affiliates were controlled by the Chinese government, and requested separate rate status, which means it would receive a company-specific anti-dumping duty rate instead of the country-wide rate calculated for the China-wide entity. After receiving information indicating Hilltop might have provided false or incomplete information regarding its affiliates and multiple remands, the Department of Commerce rejected that argument. The Court of International Trade and the Federal Circuit upheld the determination that Hilltop is ineligible for an anti-dumping duty rate separate from the country-wide entity and Commerce’s selection of the country-wide rate.
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