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, 2008 and January 31, 2009. In the administrative proceeding, Viet I-Mei refused to provide the U.S. Department of Commerce with information in response to questions raised by the agency. Because of the refusal to participate, Commerce assigned Viet I-Mei a 25.76% antidumping duty assessment rate.
Viet I-Mei appealed Commerce’s decision, arguing that the agency should have allowed the foreign exporter to withdraw its request for individual examination and should have granted the company the antidumping duty assessment rate given to all non-individually-reviewed exporters that were able to establish independence from the government of Vietnam. After the Court of International Trade held that Commerce had acted lawfully and reasonably in assigning a 25.76% antidumping duty assessment rate, Viet I-Mei appealed that court decision to the Court of Appeals for the Federal Circuit.
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