Yancheng Baolong Biochemical Products Company, Ltd. v. United States, and Crawfish Processors Alliance, Louisiana Department of Agriculture & Forestry, and Bob Odom, Commissioner
Docket: 03-1059
Court: Court of Appeals for the Federal Circuit; August 4, 2003; Federal Appellate Court
Yancheng Baolong Biochemical Products Company, Ltd. (YBB) appealed a judgment from the Court of International Trade that upheld the Department of Commerce's decision to rescind the antidumping duty review of YBB's imports. Commerce concluded there were no sales of the subject merchandise during the review period (September 1998 to September 1999). YBB had requested to be included in the administrative review following an antidumping duty order on freshwater crawfish tail meat from China issued in 1997. However, Commerce found that YBB had not made any sales directly, noting that Yancheng Asia Europe Seafoods, Co. Ltd. (Asia Europe), under a management agreement with YBB, was the actual seller. The Court of International Trade supported Commerce's findings, confirming that YBB and Asia Europe were not a single entity and that substantial evidence indicated YBB's lack of sales during the relevant period. YBB's argument that there was confusion regarding its identity and that it should be treated as interchangeable with Asia Europe was rejected, as the record clearly identified them as separate divisions and the necessary information for determining their affiliation was not submitted in time. The judgment was affirmed, confirming that Commerce's determinations were consistent with legal standards and supported by substantial evidence.