In the decision issued Wednesday by the appeals court, a three-judge panel ruled the Court of International Trade should have affirmed the U.S. Department of Commerce's decision on the merits to impose antidumping duties on Vietnamese shrimp shipments, and reversed the decision to dismiss and remand with instructions to enter judgment against Ad Hoc.

On Oct. 13, 2007, Ad Hoc, a committee of domestic producers and processors of warmwater shrimp, filed a complaint in the Court of International Trade challenging two aspects of the final result: the decision to value shrimp based on the surrogate value from the Network of Aquiculture Centres in Asia-Pacific (NACA) survey data rather than from data supplied by Apex Foods Ltd.,