Monday, February 13, 2017

Case of the Day: An Giang Fisheries Imp. & Exp. Joint Stock Co. v. United States, 2017 Ct. Int'l Trade LEXIS 6 (Ct. Int'l Trade, Jan. 23, 2017)

Summary:

Plaintiff is a frozen fish importer from Vietnam. U.S. Department of Commerce determined that plaintiff was "dumping" fish products, using Indonesian fish price as a benchmark. Plaintiff argued that Indonesia could not be a proper comparison to Vietnam, and Indonesian data was not the best available comparable data.

The court determined that DoC reasonably concluded Indonesia could be used as a benchmark for Vietnam, although Indonesia is less economically developed than Vietnam. The court also found that DoC reasonably concluded Indonesia data is superior to data from the Philippines or Bangladesh.

Takeaway:

The actual case is significantly more complicated and involved, but this is a glimpse of how the U.S. regulates international trade through its court system.

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