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Pesquera Mares Australes Ltda. v. United States

Department of Commerce's determination of dumping margin for plaintiff's imports of salmon from Chile affirmed because Commerce's use of commercial practice to inform its interpretation of the phrase "identical in physical characteristics," was consistent with antidumping statute, and substantial evidence supported Commerce's decision to look to commercial practice of other countries in making its calculation.

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Appealed from: United States Court of International Trade Judge Richard W. Goldberg

This case presents the question whether the Department of Commerce’s (“Commerce”) interpretation of the phrase “identical in physical characteristics” by reference to commercial practice is consistent with the antidumping statute (codified in pertinent part at 19 U.S.C. � 1677(16)(A)) and, if so, whether it is reasonable. We conclude that Commerce’s use of commercial practice to inform its interpretation of the phrase is not foreclosed by the statute, nor has the appellant shown that such an approach is unreasonable. We accordingly defer – under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) – to Commerce’s interpretation of the phrase “identical in physical characteristics,” 19 U.S.C. � 1677(16)(A). We further hold that substantial evidence supports Commerce’s decision to compare sales to Japan of “super-premium” salmon to sales to the United States of “premium” grade salmon when calculating the antidumping margin for Pesquera Mares Australes, Ltda. (“Mares Australes”), and that Commerce’s decision has been adequately explained. We accordingly affirm the decision of the Court of International Trade in Pesquera Mares Australes, Ltda. v. United States, No. 98-08-02680, 2000 WL 766520 (Ct. Int’l Trade June 5, 2000) (unpublished disposition).

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