CIT Tells ITA to Define Exportation in Vietnam Fish New Shipper Remand

In the third new shipper review of certain frozen fish fillets from Vietnam (covering the period August 1, 2007 through January 31, 2008 and producers Hiep Thanh Seafood Joint Stock Company and Asia Commerce Fisheries Joint Stock Company), the International Trade Administration determined that sales to a Mexican customer of Hiep Thanh stayed in the U.S. and should be counted as U.S. sales. The Mexican customer had trans-shipped some, but not all, of its purchases to Mexico, but Hiep Thanh claimed no knowledge of the U.S. destination. The Court of International Trade faulted the ITA for “too many internal inconsistencies and unexplained conclusions,” and in a new remand, it again ordered the agency to summarize the sales more clearly, and suggested the ITA provide an interpretation for the phrase “exportation.” (Slip Op. 11-74, dated 06/23/11)