Australes Ltda

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Investigating a foreign firm of alleged price dumping can be very complex, this is due to many factors to consider, such as, whether the products have the same characteristics or whether they are made in the same “like product” or equal value. This mean, if the Commerce Department does not have the identical product to compare it to, they will utilize another product that has closed resemble to the original product, which could result in a subjective conclusion. In the case of Pesquera Mares Australes Ltda. v. United States 266 F.3d 1372 (2001), demonstrates how Commerce Department could lead to a complicated matter in determining what the “like product” entails (Schaffer, Agusti, & Dhooge, 2015, p. 299-300). The Fair Atlantic Trade accused and filed an antidumping petition to a Chilean salmon exporter in the U.S. market. The Commerce Department conducted an investigation and compare the normal value of the Chilean salmon with their home market. Since, no salmon were available to compare it to at the time, the Commerce Department compare the salmon sold in Japan instead. However, the salmon sold in the U.S. was rated a “premium” grade while Japan has two types of grades such as “premium” and “super-premium.” The Commerce Department, nevertheless concluded that the salmon in Japan (whether rated as premium or super) …show more content…

Furthermore, Mares Australes, also argued that no defect, such as, external lacerations to the salmon (premium) were present in “super-premium.” However, the Commerce Department does not recognized any grade higher than “superior,” and it is consistent with the “premium” grade. The Chilean salmon exporter was found guilty in violating the antidumping laws of the U.S for exporting and selling their products at less than fair value (Pesquera Mares Australes Ltda. v. United States,

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