Case law

Since Hardware (Guangzhou) Co. v. United States

2013 CIT 71 · United States Court of International Trade · May 31, 2013

Thus, the probative value of the Customs Data can clearly be influenced by the sample size. … More, the data also covers a mix of other clearly non-subject products, some of which were imported at the selected rate.

Marathon Oil Co. v. United States

93 F. Supp. 2d 1277 · United States Court of International Trade · Apr 5, 2000

As explained in the following opinion, however, this case is remanded to Customs to determine whether the entries at issue contained properly designated eligible, duty-paid merchandise qualifying under the substitution … It generally did not enter Marathon’s physical custody until it was delivered to Marathon’s refineries; nevertheless, Marathon clearly received the imported, duty-paid crude oil for all common, commercial, and legal purposes

Timken Co. v. United States

968 F. Supp. 2d 1279 · United States Court of International Trade · Feb 27, 2014

Much of the briefing in this 7 (...continued) “Reviews,” Congress clearly intended for the targeted dumping analysis to be limited to investigations. Id. … This language clearly deals with whether the statutory definition of “pattern” has been met.

Koenig & Bauer-Albert AG v. United States

90 F. Supp. 2d 1284 · United States Court of International Trade · Mar 8, 2000

MAN Plamag factory attempted to produce the LNPPs sold to the United States during the POI, it may have operated less efficiently and/or required more-highly paid workers that are more technically qualified … As observed in KBA II, the determinations Commerce cited in its Redetermination in support of its identical merchandise requirement did not clearly indicate the existence of an established practice. 23 CIT

Carrier v. United States

20 Ct. Int'l Trade 227 · United States Court of International Trade · Feb 13, 1996

. § 1641 (b)(2) (1994), 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 others in the conduct … Question 98 clearly stated that the lettering of “U.S.A. edition” and “Gt. Britain” were of markedly different sizes. This is ample clarification.

Federal-Mogul Corp. v. United States

862 F. Supp. 384 · United States Court of International Trade · Aug 26, 1994

In American Alloys, plaintiffs had clearly introduced the contested issue in the underlying proceeding. … The Court directs the ITA to treat technical services and warranty expenses similarly if they do not qualify as direct expenses.

Torrington Co. v. United States

832 F. Supp. 379 · United States Court of International Trade · Aug 20, 1993

As to the merits of this issue, the Court of Appeals for the Federal Circuit has stated that in order for a discount or rebate to qualify as a direct cost to be subtracted from FMV, the discount or rebate must have been actually … Forward markets are clearly a tool that businesses can use to insure the actual return they receive on their sales. Final Results, 56 Fed.Reg. at 31,726.

Viet I-Mei Frozen Foods Co. v. United States

83 F. Supp. 3d 1345 · United States Court of International Trade · Jul 30, 2015

Non-mandatory respondents that qualify for an antidumping duty rate separate from that assigned to the countrywide entity generally receive the ‘all-others’ rate, calculated in accordance with 19 U.S.C. § 1673d(c)(5). … Grobest seeks to apply the rescission regulation to a situation in which it does not seek rescission of its review, but rather would prefer the all- others rate over an individualized rate – an option that is clearly

Pohang Iron & Steel Co. v. United States

23 Ct. Int'l Trade 778 · United States Court of International Trade · Oct 20, 1999

Int’l Trade 1998).22 Based on the mere existence of similar factors, Commerce summarily concludes that POSAM and GHI play such a significant role that their sales do not qualify for EP classification. … In this case, it is not clear that further argument to the agency would not have provided, at least, a more clearly explained determination for review.

United States v. Titan Metals Corp.

378 F. Supp. 3d 1325 · United States Court of International Trade · Apr 22, 2019

Whether the merchandise qualifies as American Goods Returned is a question of material fact because it is one which “might affect the outcome of the suit.” … “In any case in which the value of the returned articles exceeds $2,500 and the articles are not clearly marked with the name and address of the U.S. manufacturer, [CBP] may require . . . such other documentation or evidence

Cutter & Buck, Inc. v. United States

2013 CIT 45 · United States Court of International Trade · Apr 3, 2013

At that point, it still could have pulled shipping records to establish the protest’s timeliness. … While the twenty-nine to thirty-four day provision expressly called for an adjustment to the price actually paid or payable, the twenty-two to twenty-eight day provision clearly did not.

McKinney v. United States Department of the Treasury

614 F. Supp. 1226 · United States Court of International Trade · Jul 23, 1985

Chaney, — U.S. -, 105 S.Ct. 1649 , 84 L.Ed.2d 714 (1985) (an agency’s decision not to take enforcement action is presumptively immune from judicial review under 5 U.S.C. § 701 (a)(2)). 19 . … Once a plaintiff has established standing in his own right, the interests of third parties may be argued by the plaintiff. See Carey v.

Nippon Steel Corp. v. United States

19 Ct. Int'l Trade 450 · United States Court of International Trade · Apr 3, 1995

Once purchasers have an established supply relationship, the established supplier has an advantage, and the competing supplier is forced to beat the import price, probably by a substantial margin. … Respondents have not established that the Commission’s conclusions were unsupported by substantial evidence. C.

FAG Kugelfischer Georg Schafer AG v. United States

131 F. Supp. 2d 104 · United States Court of International Trade · Feb 2, 2001

A zero-priced transaction does not qualify as a “sale” and, therefore, by definition cannot be included in Commerce’s NV calculation. … Also, the language of § 1677a(c) as well as § 1677a(d) clearly provides that subsection (c) and (d) adjustments must be made to the starting price used to “establish” CEP.

Former Employees of Chevron Products Co. v. United States Secretary of Labor

298 F. Supp. 2d 1338 · United States Court of International Trade · Dec 30, 2003

Worker benefits available under the program established by the Trade Act of 1974 (“the TAA program”) – including employment services, appropriate training, job search and relocation allowances, and income support payments … Similarly telling is the growing line of precedent involving court- ordered certifications of workers, evidencing the bench’s mounting frustration with the Labor Department’s handling of these cases.15 Clearly, there is

Acciai Speciali Terni S.P.A. v. United States

118 F. Supp. 2d 1298 · United States Court of International Trade · Oct 2, 2000

According to Plaintiffs, such purchasers "are uniquely qualified to address many of the factors involved in the Commission's 'domestic like product' determination, such as customer perceptions, channels of distribution … According to Plaintiffs, "the Commission never even acknowledged testimony that clearly established that the industry itself refers to all stainless steel flat-rolled products as one single continuum under the denomination

American Institute for Int'l Steel, Inc. v. United States

376 F. Supp. 3d 1335 · United States Court of International Trade · Mar 25, 2019

The President’s determination of whether to concur is not qualified by any language or standard, establishing that it is left to his discretion. … But that related only to the enforcement of the policy established by [C]ongress.

Russell Stadelman & Co. v. United States

83 F. Supp. 2d 1356 · United States Court of International Trade · Dec 21, 1999

The precise issue before the Court, then, is whether Plaintiff’s imports of sumauma (Ceiba pentandra) plywood, faveira (Parkia spp.) plywood, and mangue (T. rhoisoia) plywood qualify as "baboen." … Subheading 4412.11.20, HTSUS, however, clearly states that plywood must contain "at least one outer ply of Court No. 96-08-01911 Page 25 . . .

Fine Furniture (Shanghai) Ltd. v. United States

195 F. Supp. 3d 1324 · United States Court of International Trade · Dec 28, 2016

Court No. 16-00145 Page 6 Additionally, a qualified interested person may join a previously commenced action as an intervenor.4 28 U.S.C … .- Int.’s Br. 5; (2) it established that it has a likelihood of success on the merits because it raises “serious questions as to Commerce’s methodology,” Pl.

Gifford-Hill Cement Co. v. United States

615 F. Supp. 577 · United States Court of International Trade · Jul 31, 1985

Plaintiffs claim that a sub-market analysis is proper only if each market segment could qualify as a regional market under 19 U.S.C. § 1677 (4)(C) (1982). … Although the evidence in support of the Commission’s findings regarding price effects is not overwhelming, it is clearly more than a “mere scintilla.”