Case law

Bestfoods v. United States

110 F. Supp. 2d 965 · United States Court of International Trade · Jun 29, 2000

requiring Bestfoods to mark finished peanut butter containing de minimis Canadian peanut slurry as a product of Canada would not effectively address Customs’ (or its cooperating agency’s) health and food safety concerns, and clearly … Accordingly, plaintiff should be given the opportunity to demonstrate that when its finished peanut butter contains Canadian peanut slurry whether or not the finished product qualifies for de minimis treatment under 19

Int'l Trading Co. v. United States

2004 CIT 1 · United States Court of International Trade · Jan 2, 2004

Trade Agreements Act of 1979 established strict timetables for assessment and reviews of antidumping duties. S. Rep. … The Federal Circuit has stated clearly that the Commerce and Customs should not be allowed to circumvent the expediency provided for in the § 1504(d) by postponing the issuance of its instructions indefinitely.

National Fisheries Institute, Inc. v. United States Bureau of Customs & Border Protection

465 F. Supp. 2d 1300 · United States Court of International Trade · Nov 13, 2006

that the current level of harm being experienced by these five plaintiffs is so disruptive as to qualify them for a preliminary injunction that restores a form of status quo ante, i.e., a preliminary injunction that directs … 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

SeAH Steel Vina Corp. v. United States

269 F. Supp. 3d 1335 · United States Court of International Trade · Sep 28, 2017

Consequently, to qualify for an adjustment to its B & H values, SSV had to satisfy two conditions. … Commerce concluded that the Doing Business Report did not clearly identify the relevant costs. I & D Mem. 7.

United States v. Yuchius Morality Co.

26 Ct. Int'l Trade 1224 · United States Court of International Trade · Oct 18, 2002

The person asserting lack of knowledge of the commence- ment of a formal investigation has the burden of proof in establishing such lack of knowledge. … While the law on the point may be uncertain16, tender of duties is still required to qualify for prior-disclosure treatment.

Peerless Clothing International, Inc. v. United States

602 F. Supp. 2d 1309 · United States Court of International Trade · Jan 13, 2009

According to Peerless USA, the “no change” determinations qualify because in each an Import or Entry Specialist “reviews an entry 11 summary and agrees with the entered … Any negative consequences suffered by Peerless USA are clearly the results of plaintiff’s own actions.”

Nutricia N. Am., Inc. v. United States

666 F. Supp. 3d 1363 · United States Court of International Trade · Dec 4, 2023

Neocate® Junior is produced for use by patients who suffer from Eosinophilic Esophagitis (EoE), which is “an immune-mediated disease of the esophagus,” id. at 10 (citation omitted), Short Bowel Syndrome (SBS), which “may … It then addresses the issue of whether these products qualify for the special classification provision plaintiff claims in the alternative. F.

Travenol Laboratories, Inc. v. United States

813 F. Supp. 840 · United States Court of International Trade · Feb 3, 1993

Moreover, the court finds that the goods at bar clearly are for an electromedical apparatus. … It is, therefore, necessary to establish a healing and curative purpose of a particular medical procedure in order to qualify it as therapeutic.

Novosteel SA v. United States

128 F. Supp. 2d 720 · United States Court of International Trade · Jan 18, 2001

The Court found that the defendant had not established a definite and uniform commercial meaning for the term and turned to the common meaning. … It clearly indicates there is more than one method by which to create a “flat-rolled” plate product.

Camargo Correa Metais, S.A. v. United States

21 Ct. Int'l Trade 1249 · United States Court of International Trade · Nov 25, 1997

for ICMS by including it in home market sales price, but challenged the extent to which ICMS should be included in COE The ICMS liabilities that CCM incurred in home market transactions with suppliers and customers were clearly … CBCC contended that its ICMS liability qualified as an internal tax remitted or refunded on export which should not be included in the CV determination.

Sea-Land Service, Inc. v. United States

69 F. Supp. 2d 1371 · United States Court of International Trade · Sep 23, 1999

Even if the CAFC’s determinations in Texaco on such expenses “might” technically qualify as dicta and, therefore, might not be binding in a subsequent proceeding such as this one, see generally King … established a series of EUPs; and (2) the language of HQ memoranda 113308 and 113350 clearly provided that Customs had EUPs of not considering the expenses at issue as dutiable.

Ad Hoc Shrimp Trade Action Committee v. United States

616 F. Supp. 2d 1354 · United States Court of International Trade · May 13, 2009

Third, Thai I-Mei claims it should qualify for a CEP offset, yet, Thai I-Mei has not met the necessary burden of proof because it did not prove that its normal value was established at a more advanced level of trade than … To establish that sales are made at different levels of trade and, thus, qualify for a CEP offset, “[s]ubstantial differences in selling activities are a necessary, but not sufficient, condition for determining there is a

Sl. Service Inc. v. United States

244 F. Supp. 2d 1359 · United States Court of International Trade · Oct 15, 2002

SL Service contends that such documents support the argument that under the test established by Texaco, 44 F.3d 1539, and articulated in American Ship Management, 25 CIT ___, 162 F. … SL Service further pointed out that “the Federal Circuit has specifically ruled” that “mixed purpose dry-docking . . . do[es] not qualify as expenses of repairs.”

Puerto Rico Towing & Barge Co. v. United States

2014 CIT 80 · United States Court of International Trade · Jul 10, 2014

preparing to request a new, more detailed invoice from the shipyard to satisfy Customs but “before undertaking this time consuming task,” PR Towing requested the specialist 1 Customs asserted that repairs qualified … PR Towing fails to address this argument in its opposition to the motion to dismiss, even though, as the plaintiff, PR Towing bears the burden of establishing jurisdiction. See Norsk Hydro Can., Inc. v.

Tembec, Inc. v. United States

441 F. Supp. 2d 1302 · United States Court of International Trade · Jul 21, 2006

Supp. 2d 1367, 1371 (2002) (“Probable economic injury suffices to establish standing.”). … Defendants argue that the United States has not waived its sovereign immunity with respect to foreign sovereigns’ assertion of claims against it under the APA because foreign sovereigns do not qualify as “persons” under

Federal-Mogul Corp. v. United States

17 Ct. Int'l Trade 88 · United States Court of International Trade · Feb 4, 1993

It is well established that profit is correctly a part of the ITA’s calculation of USP. Timken Co. v. United States, 11 CIT 786 , 811-14, 673 F. Supp. 495, 518-21 (1987). … This excerpt clearly does not pertain to the commission offset, currently codified at 19 C.F.R. § 353.56 (b)(1).

Giorgio Foods, Inc. v. United States

898 F. Supp. 2d 1370 · United States Court of International Trade · Mar 6, 2013

The Court of Appeals further held that “[b]ecause it serves a substantial government interest, the Byrd Amendment is also clearly not violative of equal protection under the rational basis standard.” Id. … (emphasis added).12 Contrary to plaintiff’s view, SKF USA II did not establish a new test for ADP eligibility in order to conform the statute to the First Amendment.

Daido Corp. v. United States

807 F. Supp. 1571 · United States Court of International Trade · Nov 25, 1992

In light * * * of these considerations, the ACA submits that the information qualifies for confidential treatment under 19 C.F.R. § 353.32 (a). * * * In view of the * * * Commerce Department’s policy interest in encouraging … Whatever the particular responsibilities, the defendants and inter-venor-defendant oppose grant of any stay, which can only occur when an applicant therefore establishes a threat of immediate irreparable harm, the likelihood

Former Employee of Drive Sol Global Steering, Inc. v. United States Secretary of Labor

181 F. Supp. 3d 1369 · United States Court of International Trade · Oct 13, 2016

STANDARD OF REVIEW The party seeking the Court’s jurisdiction has the burden of establishing that jurisdiction exists. See Norsk Hydro Canada, Inc. v. United States, 472 F.3d 1347, 1355 (Fed. Cir. 2006). … Moreover, “[w]here, as here, claims depend upon a waiver of sovereign immunity, a jurisdictional statute is to be strictly construed.” Celta Agencies, Inc. v. United States, 36 CIT __, __, 865 F.

Marsan Gida Sanayi ve Ticaret A.S. v. United States

2011 CIT 20 · United States Court of International Trade · Feb 16, 2011

Ultimately, Commerce determined that Marsan’s merchandise was not entitled to enter under the CVD cash deposit rate previously established for Gidasa. Id. at 47,229. … Then, in the Notice of Initiation for this case, Commerce clearly stated it would not be utilizing the former successor-in-interest criteria in Marsan’s CVD CCR.