Case law

Bausch & Lomb, Inc. v. United States

21 Ct. Int'l Trade 166 · United States Court of International Trade · Feb 5, 1997

Consistent with its well established rulings, the CAFC continues to review factual findings of the CIT under the clearly erroneous standard, the legal findings of the CIT regarding the meaning of the tariff provisions under … Questions of fact or the establishment of historical facts are reviewed under the “deferential, clearly erroneous standard. ” Id. at 1200 .

Sugiyama Chain Co. v. United States

19 Ct. Int'l Trade 328 · United States Court of International Trade · Mar 3, 1995

Clearly, Commerce should not be compelled to rely on whatever partial, perhaps selective, information an uncooperative respondent chooses to provide the agency as BIA, see Olympic Adhesives, Inc. v. … Hence, "unmatched” sales are U.S. sales without qualifying contemporaneous comparative home market sales. See discussion infra concerning Commerce’s 90/60 day contemporaneity guideline for comparative sales.

BGH Edelstahl Siegen GmbH v. United States

2023 CIT 71 · United States Court of International Trade · May 9, 2023

Additionally, the court held that Commerce had properly initiated and developed its CVD investigation and that BGH failed to establish ex parte communications had occurred in the CVD investigation or that the record was … It only means that the industry qualified under the criteria.

Central Products Co. v. United States

20 Ct. Int'l Trade 862 · United States Court of International Trade · Jul 22, 1996

Because the merchandise has a modulus of elasticity of greater than 100,000 psi, it qualifies as “rigid” under this standard. Long Decl. at ¶ 8. … The report concludes *869 that “[t]o assure that rigid PVC film is clearly identified, the ASTM definition should be followed.” Id. at 3.

Ad Hoc Utilities Group v. United States

650 F. Supp. 2d 1318 · United States Court of International Trade · Sep 15, 2009

standard, the court will address each of AHUG’s arguments in turn.12 12 As the court recognized in its prior order, a plaintiff, as the party seeking to invoke the Court’s jurisdiction, bears the burden to establish … As was noted by the court, this was clearly not the case here, as only a small minority of AHUG members claimed to have such “importer” status.

Jazz Photo Corp. v. United States

502 F. Supp. 2d 1277 · United States Court of International Trade · Jul 16, 2007

The court concluded that plaintiff failed to establish a “first sale” in the United States for the LFFPs processed from the Seven Buck’s shells, which accordingly did not qualify for admission. Id. at 1348-50. … The court next considers whether Jazz qualifies as a prevailing party for EAJA purposes.

Steen v. United States

395 F. Supp. 2d 1345 · United States Court of International Trade · Oct 3, 2005

. §24016], if the following conditions are met: (A) The producer submits to the Secretary sufficient information to establish the amount of agricultural commodity covered by the … A review of 19 U.S.C. § 2401e and its legislative history indicates that Congress did not clearly express an intent to limit the “net farm income” requirement solely to income derived from the adversely affected commodity

Saha Thai Steel Pipe Co. v. United States

19 Ct. Int'l Trade 273 · United States Court of International Trade · Feb 14, 1995

If not, does Commerce clearly provide reasonable grounds for departing from established criteria used in determining the by-product question? … In its remand results, Commerce is ordered to clearly set forth the criteria used, a reasonable explanation for any departure from established criteria if necessary, the facts used, and the conclusions reached in light of

American Stevedoring Inc. v. U.S. Customs Service

19 Ct. Int'l Trade 1033 · United States Court of International Trade · Aug 4, 1995

A schedule of fees clearly showing what the applicant will charge for each type of service. … The objective was clearly focused on motivating and promoting partnerships within the maritime industries.

Former Employees of Tesco Technologies, LLC v. United States Secretary of Labor

30 Ct. Int'l Trade 1754 · United States Court of International Trade · Nov 9, 2006

When the court examines whether Labor’s statutory interpretations and regulations are in accordance with law, it must employ the two-step test established in Chevron, U.S.A., Inc. v. Natural Res. Def. … Likewise, if Plaintiffs’ design production were immune to direct competition as Labor claims, off-shoring could not have affected Plaintiffs’ jobs by reducing demand for their designs.

United States v. Murray

561 F. Supp. 448 · United States Court of International Trade · Mar 21, 1983

The court next considers whether Congress, despite its manifest intention to establish a civil, remedial mechanism, nevertheless provided for sanctions so punitive as to “transform what was clearly intended as a civil remedy … Congress could and did order both civil and criminal sanctions, clearly distinguishing them.”)

South Corp. v. United States

531 F. Supp. 180 · United States Court of International Trade · Jan 21, 1982

Clearly, therefore, as indicated by the defendant, the decision in Corpus was an interpretation and application of the language of section 466 before the 1971 amendment. … Hence, they do not qualify for the exemption from foreign duty as provided in subsection (e).

Industrial Fasteners Group, American Importers Ass'n v. United States

525 F. Supp. 885 · United States Court of International Trade · Oct 29, 1981

6): (6) Net subsidy. — For the purpose of determining the net subsidy, the administering authority may subtract from the gross subsidy the amount of— (A) any application fee, deposit, or similar payment paid in order to qualify … From a review of the record herein, it appearing: (1) that the evidence clearly establishes that there may be criteria other than indirect taxes paid which are compensable by the CCS rate, and (2) that the evidence fails

Bauerhin Technologies Ltd. Partnership v. United States

914 F. Supp. 554 · United States Court of International Trade · Dec 26, 1995

Customs clearly erred in its initial classification in Heading 9404 of the canopies here at issue. … Second, even if they might otherwise qualify as parts of seats under Heading 9401, as argued by Bauerhin, Note 3(b) to Chapter 94 clearly states that goods entered separately, “are not to be classified in heading 9401 ...

Kahrs International, Inc. v. United States

791 F. Supp. 2d 1228 · United States Court of International Trade · Jul 26, 2011

I had been clearly erroneous. … Id. at 65 (“The Court of International Trade has not given any convincing explanation why Schott should be denied the opportunity to introduce additional evidence that it believes will establish that [Schott I] was clearly

A. J. Arango, Inc. v. United States

1 Ct. Int'l Trade 271 · United States Court of International Trade · May 4, 1981

Clearly, this is the function that the imported coupling performs. … National Carloading Corp., 48 CCPA 70, 72, C.A.D. 767 (1961), such an admission is entitled to weight, particularly since one of the witnesses making the admission was qualified by plaintiff as an expert.

Salant Corp. v. United States

25 Ct. Int'l Trade 162 · United States Court of International Trade · Mar 1, 2001

Customs determined that this material qualified as an assist. See 19 U.S.C. § 1401a(h)(1)(A). … The Affidavit does not establish the existence of an agreement between Customs and the JIG.

Wagner Spray Tech Corp. v. United States

2025 CIT 49 · United States Court of International Trade · Apr 21, 2025

This testing was conducted by a qualified electronic testing laboratory. Id. … In Agilent II, this Court did not clearly sustain Commerce’s five-factor test for determining whether a product qualifies for the finished heat sink exclusion.

Winter-Wolff, Inc. v. United States

996 F. Supp. 1258 · United States Court of International Trade · Feb 20, 1998

Significantly, not one of the six sources cited by the government as support, and qualified by Dr. … McNallan is well qualified in the field of metallurgy in general. On cross-examination, however, Dr.

Fakhri v. United States

2007 CIT 126 · United States Court of International Trade · Aug 20, 2007

The Federal Circuit has clearly stated its position on this issue. … Therefore, unclean hands is clearly available to bar any such equitable relief it seeks.