Gallant Ocean (Thailand) Co., Ltd. v. United States

RADER, Circuit Judge.

Gallant Ocean (Thailand) Co., Ltd. (“Gallant”) appeals from a final judgment of the United States Court of International Trade concerning its importation of frozen warmwater shrimp. The Court of International Trade affirmed a decision of the United States Department of Commerce (“Commerce”) to apply an adverse facts available (“AFA”) rate of 57.64% against Gallant. Gallant Ocean (Thailand) Co., Ltd. v. United States, 602 F.Supp.2d 1337 (Ct. Int’l Trade 2009). Because substantial evidence does not support the 57.64% AFA rate, this court vacates and remands.

I

Commerce issues…