Case law

Habas Sinai Ve Tibbi Gazlar Istihsal Endustrisi A.S. v. United States

625 F. Supp. 2d 1339 · United States Court of International Trade · Jun 15, 2009

Applying that then well-established test, Commerce concluded in the Preliminary Results that Habas did not qualify for the use of multiple cost-averaging periods: In this case, because we do not find that the price … Both cases are clearly distinguishable on their facts from the case at bar.

Occidental Oil & Gas Co. v. United States

13 Ct. Int'l Trade 244 · United States Court of International Trade · Mar 29, 1989

After plaintiff failed to provide evidence of United States origin for the merchandise covered by invoices 3 and 4, the entry was liquidated on May 27, 1983, with only the merchandise covered by invoices 1 and 2 qualifying … Clearly, plaintiffs proper course of action would have been to chai- *249 lenge the classification of the merchandise through a section 514 protest.

Washington International Insurance v. United States

18 Ct. Int'l Trade 654 · United States Court of International Trade · Jul 19, 1994

The defendant further argues that section 142.15 clearly is intended to direct the “importer” to timely perform a duty, the purpose of which is to protect the revenue. … Any waiver of sovereign immunity * * * has to be strictly construed. * * * Id. at 270 .

Estee Lauder Inc. v. United States

2011 CIT 23 · United States Court of International Trade · Mar 1, 2011

Applicable Law The ultimate burden of establishing jurisdiction rests with the plaintiff. McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189 (1936). … Analysis As initial observations, the court notes that any merchandise description clearly includes some items of merchandise and clearly excludes others, and there is always the possibility that still

Rhone Poulenc, S.A. v. United States

592 F. Supp. 1318 · United States Court of International Trade · Jul 19, 1984

The ITA’s decision that the salaries and related personnel expenses are not directly related to sales is clearly correct under the circumstances of this case. … This is not to say that personnel expenses could never qualify as a technical adjustment.

Pietrofeso v. United States

801 F. Supp. 743 · United States Court of International Trade · Aug 25, 1992

Kewaskum, 786 F.2d 338, 339 (7th Cir.1986) quoting Roth, 408 U.S. at 577 , 92 S.Ct. at 2709 ). 8 In this case, the statute and controlling regulations clearly do not provide an applicant with an entitlement to a customs broker … Before granting the license, the Secretary may require an applicant to show any facts deemed necessary to establish that the applicant is of good moral character and qualified to render valuable service to others in the conduct

Shah Bros., Inc. v. United States

9 F. Supp. 3d 1402 · United States Court of International Trade · Sep 18, 2014

Given these circumstances, Customs has not established justification for its decision, reached months after its concession in Shah Bros. … I.19 Thus here there was an extremely “limited availability of qualified attorneys for the proceedings involved” because the qualified attorneys were those customs attorneys familiar with the legal theories

Figure Flattery, Inc. v. United States

720 F. Supp. 1008 · United States Court of International Trade · Sep 11, 1989

The merchandise in issue, therefore, must first be appraised as if the imported articles had not contained qualifying ... … Absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive. Consumer Product Safety Comm’n v.

Anderson v. U.S. Secretary of Agriculture

491 F. Supp. 2d 1305 · United States Court of International Trade · May 16, 2007

action, findings, and conclusions found to be– (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity … Certainly, it is unfortunate that Plaintiff felt compelled to sell his fishing vessel; however, Plaintiff is not among the affected producers who qualify for monetary benefits.

Shakeproof Assembly Components Division of Illinois Tool Works, Inc. v. United States

59 F. Supp. 2d 1354 · United States Court of International Trade · Jul 29, 1999

First, Commerce stated that it acted in accordance with an established administrative practice and judicial precedent. See 62 Fed. Reg. 61794, 61796. … Despite Commerce’s representations, its actions with regard to import price data in this case do not follow clearly established administrative practice nor do they enjoy affirming judicial precedent.

Norfolk and Western Ry. Co. v. United States

869 F. Supp. 974 · United States Court of International Trade · Nov 10, 1994

Therefore, the non-self-propelled vessels also qualify as ferries. … This interpretation clearly conforms to the intent of Congress. B.

NSK Ltd. v. United States

21 Ct. Int'l Trade 617 · United States Court of International Trade · Jun 17, 1997

Supp. at 421-22, where Commerce had an established practice over several reviews. … Hence, NTN’s indirect expenses at issue here would not qualify for a COS adjustment, as Torrington suggests.

T.W.R., Inc. v. United States Secretary of Agriculture

32 Ct. Int'l Trade 567 · United States Court of International Trade · May 28, 2008

In order to qualify for cash benefits, an individual producer must establish, among others things, that its net income for the “most recent year is less than the producer’s net farm income for the latest year in which … The statutory phrase “is less than” clearly indicates that a comparison is to be made between two years.

Heartland By-Products, Inc. v. United States

223 F. Supp. 2d 1317 · United States Court of International Trade · Feb 26, 2002

Having waived sovereign immunity, the government is bound the judiciary branch’s decisions. While there are exceptions to this rule, none of them are present in this case. … The court clearly has jurisdiction over some of these entries, specifically those entered and liquidated prior to December 11, 2001.

Ta Chen Stainless Steel Pipe, Ltd. v. United States

25 Ct. Int'l Trade 989 · United States Court of International Trade · Aug 14, 2001

Therefore, on remand, Commerce first must clarify whether San Shing and Sun qualify as importers. … The purpose of requiring agencies to articulate clearly departures from past practice and to provide reasoned explanations for such departures is “‘to prevent the agency itself from significantly changing [its] policies

Dis Vintage LLC v. United States

456 F. Supp. 3d 1323 · United States Court of International Trade · May 6, 2020

Defendant supplies the definition “large enough to be important or clearly noticed.” Def. … The phrasing “show signs” bolsters the understanding that for the “wear” to be readily or clearly noticeable, it needs to be visible to eye.

Cozy Comfort Co. v. United States

2024 CIT 114 · United States Court of International Trade · Oct 15, 2024

The Court established a briefing schedule for the parties to file motions in limine and responses in opposition. See Min. Order, ECF No. 58. On October 11, 2024, the Court held a hearing on the Motions. … He was qualified as an expert witness in the U.S. District Court for the District of Arizona. See id.

McAfee v. United States

3 Ct. Int'l Trade 20 · United States Court of International Trade · Jan 13, 1982

From the record before the court and the testimony adduced, the following facts have been established. … aforenoted, pursuant to a determination made by Customs, the merchandise in question was entered free of duty until July 1980 at which time it appears that the plaintiff was advised by Customs that the merchandise might not qualify

POSCO v. United States

2026 CIT 36 · United States Court of International Trade · Apr 17, 2026

for eligibility are strictly followed, and . . . clearly set . . . so as to be capable of verification.” 19 U.S.C. § 1677(5A)(D)(ii). … Court No. 24-00006 Page 17 still qualify.

National Customs Brokers & Forwarders Ass'n of America v. United States

18 Ct. Int'l Trade 754 · United States Court of International Trade · Aug 16, 1994

“If any one of the requisite factors has not been established by plaintiff [ ], the motion for a preliminary injunction must be denied.” Trent Tube Div., Crucible Materials Corp. v. … The Court agrees that the proposed interim regulations clearly fall under the rubric of rule making. 5 U.S.C. § 553 .