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U.S.
Court of Appeals for the Federal Circuit
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The Commerce Department determined that shrimp imported from
India were being sold in the U.S. at less than fair market value. During
administrative review of that anti-dumping order, shrimp exporters Apex and
Falcon were selected as individual respondents. Commerce assessed 2.31% and
1.36% dumping margins by calculating the export price, starting with the
packed price of shrimp charged to the first unaffiliated U.S. purchaser, then
deducted expenses (19 U.S.C. 1677a(c)(2)(A)), including: foreign inland freight
expenses, export inspection agency fees, foreign brokerage and handling
expenses, foreign miscellaneous shipment charges, international freight
expenses, terminal handling charges, marine insurance expenses, U.S. customs
duties (including harbor maintenance fees and merchandise processing fees),
U.S. brokerage and handling expenses, and U.S. inland freight expenses.
Neither importer made sufficient sales in India during the review period for
proper comparison with U.S. sales. Commerce compared the United Kingdom for
Apex, and Japan, for Falcon. The companies ship to those countries, only
covering costs necessary to deliver merchandise to the named destination
port. For shipments to the U.S., they pay costs associated with importation,
including duties and complying with customs formalities. Domestic shrimp
producers challenged the dumping margins, arguing that the export price of
the merchandise should be recalculated by deduction of the amount of
anti-dumping duties assessed and paid on their exports, to increase the
dumping margins. The Court of International Trade and the Federal Circuit
affirmed.
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