Case law

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.

Ad Hoc Committee of Florida Producers of Gray Portland Cement v. United States

25 F. Supp. 2d 352 · United States Court of International Trade · Sep 11, 1998

Two conditions must be satisfied to qualify for the exception. First, the challenged action must have been too short in duration “to be fully litigated prior to its cessation or expiration.” … A review of available sources establishes that the suspension agreement at issue is still in effect.

NSK Ltd. v. United States

19 Ct. Int'l Trade 1013 · United States Court of International Trade · Aug 1, 1995

Therefore, NSK had sufficient basis for establishing an adequate record. … In addition, Commerce clearly articulated its rationale for conducting a “further processing” analysis in this review.

United States v. Optrex America, Inc.

560 F. Supp. 2d 1326 · United States Court of International Trade · Jun 9, 2008

To establish a defense of reasonable care, the Committee believes that an importer should consider utilization of one or more of the following aids to establish evidence of proper compliance: seeking guidance from the Customs … While in this case Optrex is assigned the lowest level of culpability under § 1592(a), for the benefit of the trade community it is .important to clearly define conduct that is negligent.

Canadian Lumber Trade Alliance v. United States

425 F. Supp. 2d 1321 · United States Court of International Trade · Apr 7, 2006

to expend resources on qualifying expenditures to increase their share of the funds available. … Accordingly, the text and history of the NAFTA Implementation Act clearly refute Defendant-Intervenors’ theory.

GSA, S.R.L. v. United States

77 F. Supp. 2d 1349 · United States Court of International Trade · Dec 3, 1999

Commerce never determined if GSA established all the criteria to qualify as a new shipper entitled to a review. … Clearly these fact statements require certification as set forth in 19 C.F.R. § 353.31(i).

American Permac, Inc. v. United States

800 F. Supp. 952 · United States Court of International Trade · Aug 11, 1992

There, the Court affirmed the final results of Commerce’s periodic review except for Commerce’s finding that API did not qualify for a level of trade adjustment. 12 CIT at 1142, 703 F.Supp. at 103-04 . … According to Judge Watson, the Florsheim court reasoned that an extension of the period in which liquidation must occur could be grounded upon § 1504(b)(2) “because the administrative review scheme established in 19 U.S.C

Koyo Seiko Co. v. United States

18 Ct. Int'l Trade 740 · United States Court of International Trade · Aug 11, 1994

It is established that U.S. selling expenses are presumed to be direct and the burden of proving otherwise is on the respondent. Timken Co. v. United States, 11 CIT 786 , 804, 673 F. … This clearly qualifies as additional material or labor and a “process of assembly.”

Ciba-Geigy Corp. v. United States

178 F. Supp. 2d 1336 · United States Court of International Trade · Nov 16, 2001

Moreover, although the Publications may not inherently qualify as legislative history, since it is undisputed that the ITC was responsible for establishing the Chemical Appendix, they are nonetheless persuasive. … The parties are clearly divided as to the significance of non-color ingredients in classifying the subject color preparations.

Beloit Corp. v. United States

18 Ct. Int'l Trade 67 · United States Court of International Trade · Feb 2, 1994

for making paper or paperboard * * Because a “Yankee dryer cylinder is a component of a papermaking machine used to dry and finish, by creping and glazing, various grades of paper[,] ” 5 the merchandise would appear to qualify … The legislative history of items 912.06 and 668.05, TSUS, clearly demonstrates Congress’ intent to provide duty-free treatment for Yankee dryer cylinders.

Jiangsu Senmao Bamboo & Wood Indus. Co. v. United States

322 F. Supp. 3d 1308 · United States Court of International Trade · Jun 8, 2018

Under the Department’s practice, the separate-rate respondents would qualify for a rate different than the rate Commerce would assign to exporters/producers who had failed to establish independence from government control … Section 782(a)(2) provided Commerce discretion to deny a qualifying voluntary respondent request in certain circumstances. Consol.

Sea-Land Service, Inc. v. United States

735 F. Supp. 1059 · 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. United States v. … Second, the Court had to establish whether tolling was consistent with the legislative purpose of 28 U.S.C. § 2636 . Id.

Florex v. United States

705 F. Supp. 582 · United States Court of International Trade · Jan 6, 1989

that it qualifies as an interested party under section 1677(9)(E) or (F), that is, that it is a trade association, a majority of whose members produce or wholesale the fresh cut flowers under investigation. … In Flowers /, ITC clearly indicated it made its cumulative analysis by separate flower type. Id. at 18.

Azteca Milling Co. v. United States

703 F. Supp. 949 · United States Court of International Trade · Dec 20, 1988

Plaintiff contends that, in its patented process of making prepared corn flour products from United States-grown corn, the corn is substantially transformed into three distinct intermediate products, thus qualifying the imported … The products resulting at certain steps in plaintiff’s patented process may be more refined than the constituent material of corn, but, nevertheless, are clearly recognizable as processed corn.

International Custom Products, Inc. v. United States

374 F. Supp. 2d 1311 · United States Court of International Trade · Jun 15, 2005

The government suggested that because Plaintiff failed to satisfy the administrative prerequisites to qualify for jurisdiction under 28 U.S.C. § 1581(a) (2000), this Court lacks subject matter jurisdiction. … If Customs’ actions were the law, Congress would clearly have to re-examine this entire area.

Michaels Stores, Inc. v. United States

931 F. Supp. 2d 1308 · United States Court of International Trade · Aug 21, 2013

in question, the Secretary will apply the cash deposit rate established for the producer. … Failure to qualify for a separate rate means that Commerce will analyze the exporter through the lens of the presumption of state control. See id. at 1373 (citing Sigma Corp., 117 F.3d at 1405).

Mondelez Global LLC v. United States

253 F. Supp. 3d 1329 · United States Court of International Trade · Jul 25, 2017

If a food were simply something that is done away with by the human mouth, as the government seems to contend, clearly non- food products such as toothpaste and cigarettes could qualify as “food preparations.” … As discussed above, the government must establish that gum base is valued for its nutritive properties or that the nutritive value is not incidental.

Viraj Group, Ltd. v. United States

162 F. Supp. 2d 656 · United States Court of International Trade · Aug 15, 2001

Under that regulation, Commerce presumptively establishes the date of sale as the invoice date unless a different date better reflects the date on which the material terms of sale were established. … The statute clearly seems to establish only one exception to its general rule.

Sassy, Inc. v. United States

24 Ct. Int'l Trade 700 · United States Court of International Trade · Aug 2, 2000

Since the filing of post-trial briefs is an entitlement and not a right, the court deems Sassy to have waived its privilege by failing to file a brief within the time limits established. … Thus, a change in name clearly occurs. A change in character also occurs.

Totes-Isotoner Corp. v. United States

569 F. Supp. 2d 1315 · United States Court of International Trade · Jul 3, 2008

Constitutional Standing Because federal judicial jurisdiction arises from the Constitution, in order to *1323 bring its case here, Totes must demonstrate that its claim qualifies as a “case” or “controversy” for purposes … The constitutional equal protection guarantee at issue in this case clearly protects against discrimination on the basis of sex. Craig v. Boren, 429 U.S. at 197 , 97 S.Ct. 451 .