Thai Shrimp Import Duty Rate Not Realistic: Fed. Circ.

Law360, New York (April 20, 2010, 12:55 PM EDT) -- A federal appeals court has overturned the U.S. Court of International Trade's anti-dumping duty rate determination for Gallant Ocean Co. Ltd.'s frozen warmwater shrimp imports from Thailand on the grounds that the rate is not consistent with commercial reality.

A three-judge panel in the U.S. Court of Appeals for the Federal Circuit on Friday vacated and remanded for further consideration the CIT's affirmation of the government's decision to apply an adverse facts available rate of 57.64 percent against Gallant for its shrimp imports.

In its decision,...
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