Case law

King Maker Mktg., Inc. v. United States

2025 CIT 58 · United States Court of International Trade · May 15, 2025

Plaintiff identified these other cigarettes as substitution merchandise that qualified for substitution unused merchandise drawback pursuant to 19 U.S.C. § 1313(j)(2). Compl. ¶ 10; Def. Br. at 5. … United States, 13 U.S. 104, 110 (1815) (“By the collection law, and all the forms of manifest, entry, &c. it is clearly evinced that importation precedes entry.”); accord Perots v. United States, 19 F.

Seah Steel Corp. v. United States

704 F. Supp. 2d 1353 · United States Court of International Trade · May 19, 2010

Having failed to establish detrimental reliance on Commerce’s previous practice, and given the inherently retroactive nature of the antidumping statutory scheme, Plaintiff’s arguments fail to establish that Commerce improperly … In other words, 19 C.F.R. § 351.414(e) qualifies its instructions for application of the average-to-transaction methodology.

Save Domestic Oil, Inc. v. United States

193 F. Supp. 2d 1372 · United States Court of International Trade · Mar 22, 2002

Clearly, the court neither was, nor has become, either a party to or lawyer in the case bearing CIT No. 99-09-00558, the only parties to which are all named in the caption above, the gravamen of which is and has been … A judge's ordinary efforts at courtroom administration - even a stern and short tempered judge's ordinary efforts at courtroom administration - remain immune.7 7 Liteky v.

Carnival Cruise Lines, Inc. v. United States

246 F. Supp. 2d 1296 · United States Court of International Trade · Jul 31, 2002

Seminole 3 In Mead the Supreme Court held that “administrative implementation of a particular statutory provision qualifies for Chevron deference when it appears that Congress delegated authority to the … The Supreme Court has held that: In the interpretation of statutes levying taxes it is the established rule not to extend their provisions, by implication, beyond the

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

2023 CIT 126 · United States Court of International Trade · Aug 25, 2023

Commerce determined that the Brazilian company Eucatex’s data were less reliable because although the data were contemporaneous with the period of review and related to laminate flooring, Eucatex’s auditors provided a qualified … The Court concludes that Commerce’s determinations in this case were consistent with its established practice as described in Pakfood Pub.

CP Kelco (Shandong) Biological Co. v. United States

145 F. Supp. 3d 1366 · United States Court of International Trade · Feb 9, 2016

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. … Plaintiffs have the burden of establishing that jurisdiction exists. See Norsk Hydro Can., Inc., 472 F.3d at 1355.

Lumimove, Inc. v. United States

2025 CIT 142 · United States Court of International Trade · Oct 29, 2025

In contending that “there is clearly a close supplier relationship . . . such that Habich has the ability to exercise significant control over the pattern and pricing of sales by and through [Company X],” and further stating … As an initial matter, WPC does not meaningfully explain how the specific items Commerce did not further explore qualify as legally important such that further consideration was necessary.

Earth Island Institute v. Daley

48 F. Supp. 2d 1064 · United States Court of International Trade · Apr 2, 1999

accepting non-requested information from non-governmental sources is in- compatible under the WTO dispute-resolution process, it also concluded, for reasons referred to hereinafter, that the United States measure, while qualifying … Clearly, the United States negotiated seriously with some, but not with other Members (including the appellees), that export shrimp to the United States.

Windmoeller & Hoelscher Corp. v. United States

31 Ct. Int'l Trade 1780 · United States Court of International Trade · Nov 14, 2007

Customs there expressly rejected the importer’s claim that there was no requirement “that the complete duty paid item (in this case, a set of three rugs) be exported in order to qualify for unused merchandise drawback.” … In contrast, the Eltainer and Printing Unit were clearly identified at the time of importation as functional stand alone units. . . .

Ipsco, Inc. v. United States

687 F. Supp. 633 · United States Court of International Trade · May 6, 1988

As this court has stated, “[p]laintiffs ... need not attribute each expense claimed to a particular sale in order to qualify for a circumstances of sale adjustment.” … Although some of the figures appearing in IPSCO’s submission are clearly labeled as relating to OCTG sales, other figures refer generally to “Total Costs,” “Returns vs Total Transaction[s]” and "Total Cost of Returns.”

American National Fire Insurance v. United States

441 F. Supp. 2d 1275 · United States Court of International Trade · Jul 18, 2006

With respect to suits against the Government, the time limits imposed “involve a waiver of sovereign immunity,” but remain subject to the same equitable tolling limitations for private parties. Id. … Page 21 because they cut off cause of action irrespective of time of accrual, and that equitable tolling is usually available unless statute indicates contrary intent by establishing

United States v. Univar USA Inc.

355 F. Supp. 3d 1225 · United States Court of International Trade · Nov 13, 2018

whom the statement was made; whether the declarant has recanted or reaffirmed the statement; whether the statement was recorded and particularly whether it was videotaped; and whether the declarant's firsthand knowledge is clearly … Pursuant to Rule 702, an expert is "[a] witness who is qualified as an expert by knowledge, skill, experience, training, or education." Fed. R. Evid. 702.

Earth Island Institute v. Christopher

913 F. Supp. 559 · United States Court of International Trade · Dec 29, 1995

[T]he revised guidelines contained in this notice eliminate the second option as a basis for certification and establish clearly the use of TEDs in all areas at all times as the principal, but not the only, requirement for … The pointed omission of the type of qualifying language previously included in endangered species legislation reveals a conscious decision by Congress to give endangered species priority over the “primary missions” of federal

Apple Computer, Inc. v. United States

14 Ct. Int'l Trade 77 · United States Court of International Trade · Feb 13, 1990

The testimony at trial indicated clearly that a traditional “drafting machine, ” as testified by Mr. … Hence, the Apple plotter and traditional drafting machines have clearly different functions or uses.

Cementos Guadalajara, S.A. v. United States

686 F. Supp. 335 · United States Court of International Trade · Apr 27, 1988

domestic industry, or retard materially the establishment of a domestic industry. … domestic industry, or is such as to retard materially the establishment of a domestic industry.

Kahrs International, Inc. v. United States

33 Ct. Int'l Trade 1297 · United States Court of International Trade · Sep 18, 2009

Personal knowledge may be established by evidence consisting of the witness’ own testimony. Fed. R. Evid. 602. … Plaintiff’s Objection: Kahrs contends that ¶57 is not supported by any admissible evidence and in fact, CBP’s actions have “established the existence of an established and uniform practice of classifying and/or liquidating

Toyota Motor Sales, U.S.A., Inc. v. United States

2011 CIT 113 · United States Court of International Trade · Sep 8, 2011

Court No. 04-00643 Page 4 Drawbacks are generally prohibited, unless the exported merchandise qualifies for an exception under 19 U.S.C. § 3333(a)(1)-(8). … The meaning of “fungible” in this context is clearly set forth in Court No. 04-00643 Page 41 19 C.F.R. § 191.2(o). No additional explanation was necessary.

Dorbest Ltd. v. United States

755 F. Supp. 2d 1291 · United States Court of International Trade · Feb 9, 2011

Wichita Bd. of Trade, 412 U.S. 800, 807 (1973)(plurality)(“[T]he agency must set forth clearly the grounds on which it acted.”). Consolidated Ct. … See Remand Results at 35–36 (acknowledging established global relationship between wages and GNI); also Dorbest II, 547 F. Supp. 2d at 1327.

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.

Mittal Steel Galati S.A. v. United States

502 F. Supp. 2d 1295 · United States Court of International Trade · Jul 18, 2007

As the United States antidumping duty regime is a retrospective system, the administrative review establishes the actual antidumping duty rate. … that “Commerce will offset the respondent’s cost of production by the value of a reported by- product where the respondent’s questionnaire responses indicate that it was sold, or where the record evidence demonstrates clearly