Case law

Watanabe Group v. United States

34 Ct. Int'l Trade 1545 · United States Court of International Trade · Dec 22, 2010

Additionally, Watanabe’s sales were not individually examined by Commerce in the prior review because Watanabe was neither a voluntary nor a mandatory respondent in that review, although it qualified for a separate rate … This misreads Gallant, a separate AFA rate case, which clearly states that an “AFA rate must be a reasonably accurate estimate of the respondent’s actual rate.”

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

Ammex, Inc. v. United States

288 F. Supp. 2d 1375 · United States Court of International Trade · Oct 30, 2003

. § 4081, cannot qualify as duty-free under 19 U.S.C. § 1555(b)(8)(E) (2000) and 19 C.F.R. §§ 19.35(a) and 19.36(e) (2001).2 Id. ¶¶ 1, 22. By leave of the court, Ammex amended its complaint. … [the] protest shall clearly so state on its face.” 19 C.F.R. § 174.21(b).

Roche Vitamins, Inc. v. United States

750 F. Supp. 2d 1367 · United States Court of International Trade · Dec 23, 2010

clearly contemplates that products within the scope of the subheading would be beta-carotene or other carotenoid colorants of a particular kind or for a particular purpose.” Id. at 691. … Defendant’s expert is highly qualified and has extensive experience researching carotenoids. See id. at 1-4.

Sea-Land Service, Inc. v. United States

14 Ct. Int'l Trade 253 · United States Court of International Trade · Apr 2, 1990

Discussion It is a well established principle that the United States Government, as sovereign, is immune from suit except as it consents to be sued. *255 United States v. Sherwood, 312 U.S. 584, 586 , 61 S. … Second, the Court had to establish whether tolling was consistent with the legislative purpose of 28 U.S.C. § 2636 . Id.

Fieldston Clothes, Inc. v. United States

19 Ct. Int'l Trade 1181 · United States Court of International Trade · Sep 14, 1995

While dismantling of quotas is clearly an ATC goal, the court disagrees with plaintiffs narrow characterization of the ATC. … Based on the foregoing, the court concludes that the ATC qualifies as an agreement limiting the export of textiles and textile products within the meaning of Section 204.

La Crosse Technology, Ltd. v. United States

826 F. Supp. 2d 1349 · United States Court of International Trade · Feb 29, 2012

The subject merchandise base units qualify as composite goods because they include both clock and weather components. … Customs has summarized the particular need/specific activity requirement as requiring “a relationship between the articles contained in a group, and such relationship must establish that the articles are clearly intended

Carlisle Tire & Rubber Co. v. United States

517 F. Supp. 704 · United States Court of International Trade · Jun 19, 1981

However, Article 10 of the Taiwanese Statute for Encouragement of Investment placed a limit on the tax rate to be applied to the income of qualifying firms. … Thus a mere showing of reasonableness on the part of the defendant does not suffice to establish the correctness of the Secretary’s determination.

Mantex, Inc. v. United States

17 Ct. Int'l Trade 1385 · United States Court of International Trade · Dec 22, 1993

Commerce, therefore, properly determined [the rebates] were not “directly related” to the reviewed sales and did not qualify for a [COS] adjustment. Id. at 35-36. … As a result, TISCO’s submissions were clearly incomplete.

Jiangsu Jiasheng Photovoltaic Technology Co. v. United States

28 F. Supp. 3d 1317 · United States Court of International Trade · Nov 20, 2014

Supp. 2d 1356, 1370 (2007) (“Commerce has broad discretion to establish its own rules governing administrative procedures, including the establishment and enforcement of time limits.”) … Commerce’s instructions, received by Jiasheng seventeen days before the filing deadline, clearly stated that 1) Q&V questionnaire responses were to be filed only by using the IA ACCESS website,53 and were not to be emailed

Former Employees of Electronic Data Systems Corp. v. United States Secretary of Labor

408 F. Supp. 2d 1338 · United States Court of International Trade · Nov 14, 2005

Labor was instructed to compile more evidence about the type of work that the Plaintiffs’ firm was engaged in and “to explain and support clearly its position with respect to the characterization of the computer programs … La. 1994) (finding that switching system and data processing computer software licensed to and used by a regional telephone company qualified as “tangible personal property” subject to “municipal sales and use tax”, regardless

Conoco, Inc. v. United States Foreign-Trade Zones Board

855 F. Supp. 1306 · United States Court of International Trade · Jun 30, 1994

Foreign trade zone grantees may also apply to the Board for the establishment of a foreign trade subzone. See id. at - n. 3, 18 F.3d at 1582 n. 3 (citing 15 C.F.R. § 400 .-106 (1991)). … According to defendants, the record clearly indicates the Board considered a variety of factors and the input of various agencies and departments in reaching its determination. Id. at 30 .

Delverde, SrL v. United States

21 Ct. Int'l Trade 1294 · United States Court of International Trade · Dec 2, 1997

The documentation for the argument that Congress had clearly intended this provision to cover all changes in ownership, privatizations and otherwise, is equally unhelpful. … Law 46 grants are based on an amount not to exceed 50 percent of the loan the firm would have qualified for. Borden's Petition (May 12,1995), at 42-43, Ex. 10, C.R.

Canadian Wheat Board v. United States

637 F. Supp. 2d 1329 · United States Court of International Trade · Sep 1, 2009

As noted, defendants made no argument that the Governments of Canada failed to qualify as permissive intervenors at the time they consented to their intervention. … Plaintiffs insist that this remedy is appropriate because “If the judgment does not clearly grant declaratory relief, Defendants may contend that the judgment has no bearing on their conduct in future proceedings, resulting

Pacific Cigar, Co. v. United States

350 F. Supp. 2d 1248 · United States Court of International Trade · Nov 10, 2004

The parties neither admit nor deny that Pacific qualifies or is otherwise entitled to any such award.” … Defendant responds in its Opposition that Plaintiff failed to establish that it was a prevailing party.

Isaac Industries, Inc. v. United States

780 F. Supp. 2d 1372 · United States Court of International Trade · Aug 2, 2011

Plaintiff, “[the] party seeking the exercise of jurisdiction in its favor[,] has the burden of establishing that . . . jurisdiction exists.” Rocovich v. United States, 933 F.2d 991, 993 (Fed. … Clearly, the closure of a port’s drawback office would qualify as such a necessary situation. Court No. 07-00178 Page 10 29, 2005. Pl.’s Mem. Opp. Def.’s Mot. Summ.

Ford Motor Co. v. United States

17 Ct. Int'l Trade 584 · United States Court of International Trade · Jun 15, 1993

These responses clearly indicate the government objects to portions of interrogatory numbers 35 and 36 on the basis of 5 U.S.C. § 552a (1988). See the Privacy Act of 1974, Pub. L. … Contrary to defendant’s assertion, the Privacy Act does not establish a qualified discovery privilege that requires a party seeking disclosure under 5 U.S.C. § 552a(b)(11) to prove that its need for the information outweighs

Abitibi Price Sales Corp. v. United States

13 Ct. Int'l Trade 787 · United States Court of International Trade · Oct 6, 1989

Finally, one Customs’ Laboratory report indicates that the paper was sized, 15 which is clearly not the case. See TR at 453, 460, 857, 928 and Ex. 26 at 27. … The parties are in basic agreement that not all of plaintiffs subject goods qualify for classification as standard newsprint.

Pistachio Group of the Ass'n of Food Industries, Inc. v. United States

671 F. Supp. 31 · United States Court of International Trade · Sep 29, 1987

The pricing information was provided at the time slightly beyond the deadline established. 3. … Furthermore, the decisions made pursuant to subdelegation were not absolutely immune from review, as defendants contend the exchange rate decisions are in this case.

Eteros Techs. USA, Inc. v. United States

2025 CIT 99 · United States Court of International Trade · Aug 6, 2025

If the opinions of the court qualified as “law[s]” 2 For example, the plaintiff in Consolidated Bearings Co. v. … But here, Eteros does not establish its entitlement to post-judgment relief.