United States Federal Circuit

In an anti-dumping duty case, involving frozen and canned warmwater shrimp from Thailand, the Court of International Trade's decision reversing and remanding Commerce's first remand determination is reversed as Commerce's statement of a general preference for exclusion of sales outside the ordinary course of trade where, as here, the date are for like products sold by other respondents, is reasonable. Thus, Commerce reasonably determined that in this case, where such data were readily available, and indeed had been used for the other two respondents, it was reasonable to make its determination excluding sales outside the ordinary course of trade.

Appellate Information

• Decided 08/12/2010
• Published 08/12/2010

Judges

• LOURIE

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Franklin E. White, Jr., Michael T. Gershberg