Court Rules Against Co May in Fish Fillet Trade Case; Commerce Rescinds Review
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On January 8, 2026, the U.S. Court of International Trade (CIT) issued a final judgment in the case Catfish Farmers of America, et al. v. United States, Court No. 24-00126. The court upheld the U.S. Department of Commerce’s new decision concerning the new shipper review of certain frozen fish fillets from the Socialist Republic of Vietnam.
The period of review covered by this decision is August 1, 2022, through January 31, 2023.
The product in question was exported to the United States by Co May Import-Export Company Limited (Co May). In the original final results, issued on June 25, 2024, Commerce had found that Co May’s single sale during the review period was a bona fide, or legitimate, sale. Commerce set a weighted-average dumping margin of $0.00 per kilogram for Co May.
Initially, Commerce believed that Co May’s U.S. customer resold the fish fillets at a profit. It did not count the antidumping (AD) cash deposit as a cost in its profit calculation. Commerce also found no evidence on the record that the customer’s relationship with downstream buyers changed the profit analysis.
However, the Catfish Farmers of America and other petitioners appealed that decision.
On June 5, 2025, the CIT ordered Commerce to provide further explanation. The court asked Commerce to revisit its treatment of the AD cash deposit in the profit analysis. It also asked for more clarity regarding the relationship between Co May’s U.S. customer and the second-level buyers.
In the remand redetermination issued on November 17, 2025, Commerce reconsidered its findings. It re-evaluated how it treated cash deposits and the reseller’s financial relationships. After further review, Commerce determined that Co May’s sale was not bona fide. Commerce stated that it would rescind the new shipper review if that finding was affirmed.
On January 8, 2026, the CIT officially sustained Commerce’s remand redetermination.
According to the court’s ruling, and as required by the Timken decision and 19 U.S.C. sections 516A(c) and (e), Commerce must now take action consistent with the final judgment that is not in harmony with its earlier ruling.
As a result, Commerce has amended its final results. Commerce now finds that Co May’s sale was not a bona fide sale. Therefore, Commerce has rescinded the 2022–2023 new shipper review.
Because of this decision, Co May is no longer eligible for separate rate treatment. Co May will now be treated as part of the Vietnam-wide entity. The Vietnam-wide cash deposit rate of $2.39 per kilogram now applies to Co May.
Commerce will send updated cash deposit instructions to U.S. Customs and Border Protection (CBP).
Commerce is currently barred by court order from liquidating Co May’s entries made between August 1, 2022, and January 31, 2023. These entries remain suspended under that injunction during the appeals process.
If there are no further appeals, or if the court’s ruling is upheld, Commerce will instruct CBP to assess duties on affected entries at the Vietnam-wide rate of $2.39 per kilogram.
This notice was issued in compliance with the requirements of the Tariff Act of 1930 and related court rulings.
Dated: 2026-02-06.
Christopher Abbott, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
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