Case law

Norfolk & Western Railway Co. v. United States

843 F. Supp. 728 · United States Court of International Trade · Feb 1, 1994

The user fees at issue in this case are clearly “charges” within the meaning of § 1514(a) and, therefore, are subject to protest under this subsection. … The record in this case clearly shows plaintiff satisfied this final requirement.

Kyong Truong v. United States Sec'y of Agriculture

30 Ct. Int'l Trade 1512 · United States Court of International Trade · Oct 12, 2006

From the date of this notice, the Trade Act of 2002 required eligible shrimpers to file an application by February 28, 2005 to qualify for benefits. See id. … As such, even though the language in Autoalliance Int’l appears clearly irreconcilable with Irwin v.

East Sea Seafoods LLC v. United States

714 F. Supp. 2d 1243 · United States Court of International Trade · May 27, 2010

Customs and Border Protection (“CBP”), which clearly shows “that all entries [made by an East Sea entity] during these last 45 days of the POR were made by ESS JVC.”  Remand Results at 14.  … Clearly, Plaintiff has not done this.   

Rudloff v. United States

19 Ct. Int'l Trade 1245 · United States Court of International Trade · Oct 3, 1995

. § 1641 (b)(2) (1988), the Secretary of the Treasury may require that a customs broker’s license applicant show any facts deemed necessary to establish that the applicant is * * * qualified to render valuable service to … According to Treasury, Note 3 to Chapter 95 establishes the classification of the merchandise described in Question 34.

Mid Continent Steel & Wire, Inc. v. United States

321 F. Supp. 3d 1313 · United States Court of International Trade · Jun 19, 2018

Commerce applied the all-others rate to the seventeen companies that qualified for a separate rate, but were not individually examined (the “Separate Rate Companies”). See 82 Fed. Reg. at 19,218. … The notes of HTS Chapter 39 clearly demonstrate that Stanley’s plastic granules should not be classified under HTS 3921.90.90.

L'Eggs Products, Inc. v. United States

704 F. Supp. 1127 · United States Court of International Trade · Jan 12, 1989

Hence, the defendant contends that the tubes do not fulfill the requirements of sections (a) and (c) of item 807.00, TSUS, and, consequently, do not qualify for an allowance. … Surgikos, however, is clearly distinguishable from the present case.

Guizhou Tyre Co. v. United States

2019 CIT 114 · United States Court of International Trade · Aug 21, 2019

customers sufficiently establish[] non-use of the program,” Commerce stated that “verification of [the respondent’s] customers’ declarations was unnecessary . . . because no record evidence contradicted the declarations … Otherwise, the Department’s reasoning is subject to inconsistent interpretations of what qualifies as a “gap” in the record under 19 U.S.C. § 1677e.

PT. Zinus Glob. Indonesia v. United States

628 F. Supp. 3d 1252 · United States Court of International Trade · Mar 20, 2023

In order to establish a profit cap, Commerce resorted to facts available. Id. … Commerce disregarded the financial statement of Ecos because it contained a qualified audit. IDM at 22–23.

Proctor & Gamble Distributing Co. v. United States

11 Ct. Int'l Trade 450 · United States Court of International Trade · Jun 24, 1987

The dry lap was clearly fabricated. The issue is whether it was "further fabricated” before it was assembled with the other diaper components. … Plaintiff has failed to establish that the diaper core is entitled to duty-free treatment under item 807 and defendant has demonstrated that its classification decision was correct.

SGS Sports, Inc. v. United States

463 F. Supp. 3d 1356 · United States Court of International Trade · Aug 7, 2020

Similarly, the court in Skaraborg found that the importer failed to qualify for duty free treatment under HTSUS subheading 9801.00.20 when “Skaraborg ha[d] not presented one iota of evidence that duty was paid on the subject … The court has examined this Receiving Journal document and observes that the document fails to show clearly the date of first importation, that duties were paid upon first importation, that the goods were exported to Canada

Rebar Trade Action Coal. v. United States

2015 CIT 130 · United States Court of International Trade · Nov 23, 2015

The IDM’s discussion of the KKDF tax begins by stating that “[i]n order for Turkish companies to qualify for exemptions from paying customs duties and KKDF [tax] on imported inputs for rebar exports under the IPR, each … The plaintiffs contend that in their case brief they argued that it was the respondents’ responsibility to clearly establish that their import 3 (...continued) questionnaire responses), see Mem. to

Consolidated Fibers, Inc. v. United States

2017 CIT 157 · United States Court of International Trade · Nov 27, 2017

To meet its burden, the government must “show that it was clearly reasonable in asserting its position, including its position at the agency level, in view of the law and the facts.” Gavette v. Office of Pers. … The facts and circumstances of this protest are identical to those raised in International Trading: the importer entered at a low rate; the final results of review published in the Federal Register established

Nippon Express USA, Inc. v. United States

28 Ct. Int'l Trade 1845 · United States Court of International Trade · Nov 4, 2004

The Secretary of Defense included this legislation in the legislative program of the National Military Establishment. … Delta Airlines, Inc., 405 U.S. 707 (1972), and later applied in the context of states’ narrow constitutional immunity from taxation. See Massachusetts, 435 U.S. at 467.

Gerber Food (Yunnan) Co. Ltd. v. United States

601 F. Supp. 2d 1370 · United States Court of International Trade · Mar 12, 2009

In making that argument, Green Fresh clearly expressed a desire to have Commerce apply a rate other than the PRC-wide rate of 198.63% to those sales. … To qualify for this exception, plaintiff must raise a new argument that is of a purely legal nature, the inquiry must not require further agency involvement, additional fact finding, or opening up of the record, and the

Amanda Foods (Vietnam) Ltd. v. United States

647 F. Supp. 2d 1368 · United States Court of International Trade · Sep 29, 2009

Companies qualifying for such a “separate” rate are referred to as having “separate rate status.” Consol. Ct. … Nevertheless, nowhere in the record does Commerce provide sufficient reasoning linking the evidence to its conclusion that margins established for past periods of review, and especially those established during the period

Cheng Shin Rubber Ind. Co. v. United States

2023 CIT 16 · United States Court of International Trade · Feb 13, 2023

(quoting plaintiffs’ briefing). 4 The Tire and Rim Association is an American organization that establishes and promulgates “interchangeability standards for tires, rims and allied parts for the guidance of manufacturers … But Commerce’s interpretation of the load capacity chart as permitting the tires to have a dual-use was not clearly erroneous based on the record before it.

Lizarraga Customs Broker v. United States Bureau of Customs & Border Prot.

2011 CIT 128 · United States Court of International Trade · Oct 17, 2011

A briefing schedule was established, which was subsequently modified by the parties. … Lizarraga clearly prevailed in ultimately securing this permanent guarantee from the defendants.

Dong-A Steel Co. v. United States

337 F. Supp. 3d 1356 · United States Court of International Trade · Oct 3, 2018

Commerce’s regulation clearly requires DOSCO to provide translations of documents that are important to any claims made in the investigation. 19 C.F.R. … involving the current products, and did not state clearly that the documents were intended to support a constructed export price offset.

Pasta Zara Spa v. United States

703 F. Supp. 2d 1317 · United States Court of International Trade · Apr 7, 2010

Partly as a result of that dispute, they disagree on the issue of whether the sales of Zara’s subject merchandise qualified as export price sales. … Taken together, the two points establish that an analysis of selling activities alone is insufficient to establish the LOT.

Golden Dragon Precise Copper Tube Grp., Inc. v. United States

2015 CIT 89 · United States Court of International Trade · Aug 19, 2015

” with respect to the price that is thereby and thereon established. … The record documentation of the two tariffs Commerce selected provides pages headed “Rate Detail” and “Tariff Detail” under which the “organization” and “tariff” are clearly indicated as pertaining to “ROUND-THE-WORLD