Ad Hoc Shrimp Trade Action Committee v. United States
2013 Ct. Intl. Trade LEXIS 4
| Ct. Intl. Trade | 2013Background
- Ad Hoc Shrimp Trade Action Committee sues over antidumping duty order and remand is ordered by court.
- Defendant United States seeks to expand remand scope to include new information alleging affiliate fraud.
- Commerce seeks to reopen the administrative record via a court-ordered remand but did not initiate a changed-circumstances review.
- New information allegedly questions the integrity of Commerce's proceeding and may affect calculations in the fifth administrative review.
- Court finds Commerce has authority to expand remand scope to consider the new information; remand granted.
- Remand decision relies on inherent agency authority and intervening-events rationale rather than a prima facie fraud showing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether remand scope may be expanded to consider new fraud-related information | Ad Hoc supports expansion to test integrity | Commerce has authority to expand for fraud concerns | Granted |
| Whether Commerce can reopen a record while final determination is on appeal | N/A | Agency may reopen where information undermines proceedings | Granted |
| What controlling authorities justify remand expansion in this post-appeal context | N/A | Tokyo Kikai and Home Prods. do not bind this scenario; inherent authority governs | Remand expansion allowed under inherent authority and intervening-events rationale |
Key Cases Cited
- Tokyo Kikai Seisakusho, Ltd. v. United States, 529 F.3d 1352 (Fed. Cir. 2008) (agency may reconsider where fraud-tainted proceedings are implicated)
- Home Prods. Int'l, Inc. v. United States, 633 F.3d 1369 (Fed. Cir. 2011) (remand to reopen when clear new evidence shows fraud in agency proceedings)
- SKF USA Inc. v. United States, 254 F.3d 1022 (Fed. Cir. 2001) (remand justified when agency concerns are substantial and legitimate)
- Shakeproof Assembly Components Div. of Ill. Tool Works, Inc. v. United States, 29 CIT 1516, 412 F. Supp. 2d 1330 (CIT 2005) (factors for granting voluntary remand include compelling justification and appropriate scope)
- Nucor Corp. v. United States, 612 F. Supp. 2d 1264 (CIT 2009) (agency remand allowed when government acts in good faith with substantial justification)