QVD Food Co., Ltd. v. United States

The Department of Commerce imposed antidumping duty order on imports of frozen pangas fish fillets from Vietnam that compete with domestic catfish in the retail market. The period of review covered August 2006 through July 2007. Commerce calculates antidumping duty margins by comparing "normal value" of goods in question with their actual or constructed export price. 19 U.S.C. 1677b(a). If normal value exceeds export price, Commerce imposes a duty equivalent to the percentage difference between those two values as the dumping margin. Commerce treats Vietnam as a nonmarket economy and examines best available information from appropriate market economy countries. For the fourth administrative review of the antidumping order in this case, Commerce chose Bangladesh as the primary surrogate market economy country to use in valuing factors of production. The Court of International Trade sustained Commerce's valuation of whole pangas fish and choice of data in making its calculation. The Federal Circuit affirmed. Valuation of whole pangas fish was supported by substantial evidence and Commerce's refusal to make a ministerial correction was not reversible error when the alleged mistake was discoverable during earlier proceedings but was not pointed out during the period specified by regulation.View "QVD Food Co., Ltd. v. United States" on Justia Law