The U.S. Court of International Trade (CIT) issued a trilogy of rulings on September 4 sustaining the U.S. International Trade Commission’s (ITC) determination that subsidized shrimp imports from India, Ecuador, and Vietnam materially injured the domestic U.S. shrimp industry. The decisions reject exporter challenges from all three nations and keep existing countervailing duty (CVD) orders intact for the investigation period spanning January 1, 2021, to March 31, 2024.
Key Findings by Country
- India: Exporters represented by the Seafood Exporters Association of India argued that frozen cooked shrimp should not be categorized alongside raw shrimp as the same “domestic like product,” and asserted that biological limits on wild domestic shrimp prevented imports from causing injury. The court rejected both claims, finding no clear distinction between cooked and raw shrimp and citing methodological flaws in the exporters’ supply-limit analysis.
- Ecuador: Exporters, including Industrial Pesquera Santa Priscila and SONGA, argued that elevated diesel fuel costs caused financial distress to U.S. fishermen. The court affirmed the ITC’s finding that despite lower fuel prices in 2023, domestic operators continued to experience operating losses.
- Vietnam: The Vietnam Association of Seafood Exporters and Producers challenged underselling findings and argued that imported farm-raised shrimp does not compete directly with domestic wild-caught shrimp. The court upheld the ITC’s conclusion that both products compete closely enough in the marketplace to warrant duty protection.
Across all three cases, the court applied the “substantial evidence” standard, affirming that the ITC’s determinations were legally reasonable and well-supported by the administrative record.