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April 6, 2015

United States

Washington DC—Court’s Decision on Import Damage

 

On April 3, 2015, The USA Court of International Trade (CIT) ruled that injury to the USA Gulf shrimp industry stems from the 2010 Deepwater Horizon oil spill, not from foreign imports.

 

The ruling from the CIT rejects a challenge from the Coalition of Gulf Shrimp Industries (COGSI) to a negative final injury determination on shrimp from China, Ecuador, India, Malaysia and Vietnam.

 

The ITC considered all relevant factors in determining that no domestic industry is being harmed by imports of frozen warmwater shrimp from China, Ecuador, India, Malaysia and Vietnam.

 

“Imports supplied the void in the market demand caused by a third party, and the foreign producers were merely taking advantage of a business opportunity.  This does not constitute unfair trade,” the ruling said. “The anti-dumping and countervailing duty framework is a remedy for harm caused by unfair trade, not for lost business caused by a disastrous accident.”

 

On Dec. 28, 2012, COGSI filed CVD petitions with the ITC and the USA Department of Commerce, alleging that exports of frozen warmwater shrimp from China, Ecuador, India, Indonesia, Malaysia, Thailand and Vietnam were receiving countervailing subsidies, and that the domestic industry was suffering material injury, and threatened with material injury, by reason of these subsidized imports.

 

Source: Undercurrent News [eight free news reads every month].  Editor, Tom Seaman (undercurrent@undercurrentnews.com).  US Court: BP Oil Spill Hurt US Shrimp Industry, Not Farmed Imports.  November 29, 2015.

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