Case law

United States v. New-Form Manufacturing Co.

277 F. Supp. 2d 1313 · United States Court of International Trade · Jun 30, 2003

In this case, the unchallenged facts establish gross negligence under 19 U.S.C. § 1592. … The Government notes that there are, for example, no audited financial statements, or expert testimony (by, for example, a witness qualified to explain Canadian bankruptcy law). Cf. Complex Mach.

Axle of Dearborn, Inc. v. Dep't of Com.

United States Court of International Trade · Aug 13, 2026

A non-importer plaintiff may “fairly employ economic logic” to establish a concrete and particularized injury-in-fact that is fairly traceable to a challenged tariff. Id. … “[T]o consider and adopt any . . . alternatives [to implementing an executive order] would require [the agency] to defy an executive order—which would clearly constitute an arbitrary and capricious agency action.”

Taiwan Semiconductor Industry Ass'n v. United States

105 F. Supp. 2d 1363 · United States Court of International Trade · Apr 11, 2000

Supp. 911, 915 (1981)("Clearly, the Commission, like this Court, is a continuing institution, regardless of changes in its membership."). … Nevertheless, this tension in language does not clearly indicate that Vice Chairman Miller did not participate in the remand.

Torrington Co. v. United States

17 Ct. Int'l Trade 199 · United States Court of International Trade · Mar 29, 1993

Clearly *203 the statute anticipates a comparison between FMV and USP with indirect taxes included in both prices. … U.S.C. § 1677b(a)(4)(B) gives the ITA broad authority to grant COS adjustments and “that differences in taxation are essentially no different than any other difference in expenses between the two markets” and therefore qualify

PS Chez Sidney, LLC v. United States International Trade Commission

442 F. Supp. 2d 1329 · United States Court of International Trade · Jul 13, 2006

argument that it was entirely subsumed within, and based on, its First Amendment claim. 5 conditioned on what effectively amounts to political support by an otherwise qualified … Thus, concludes INA, because the CDSOA “clearly burdens political speech,”30 and “is not viewpoint neutral”31 it must be analyzed under a strict scrutiny analysis (restriction must be 29 INA cites three

American Pacific Plywood, Inc. v. United States

2025 CIT 87 · United States Court of International Trade · Jul 9, 2025

The company contends that because it did so, it is immune from any evasion liability. Id. at 27. … But “[f]ew public policies are as well established as the principle that courts should favor voluntary settlements of litigation by the parties to a dispute.” Am. Sec. Vanlines, Inc. v.

Luoyang Bearing Corp. v. United States

347 F. Supp. 2d 1326 · United States Court of International Trade · May 18, 2004

The Court has established, Consol. … Commerce Properly Revoked the Antidumping Order With Respect to Wafangdian To qualify for partial revocation, a party must show three years of zero or de minimis dumping margins.

Wilton Indus., Inc. v. United States

2007 CIT 94 · United States Court of International Trade · Jun 11, 2007

The seminal case is Midwest of Cannon Falls, which established the basic criteria for classification of “festive articles” under heading 9505. See generally Midwest of Cannon Falls, Inc. v. … See Protests (annotated by Customs to indicate denial, stating simply that “merchandise does not qualify as toys or festive articles,” and that “mdse. does not qualify for either toys or festive articles”).

China Steel Corp. v. United States

264 F. Supp. 2d 1339 · United States Court of International Trade · May 14, 2003

Court No. 01-01040 Page 40 Department’s decision to be supported by substantial evidence, Commerce must clearly articulate “‘why it concluded that a party failed to … The May 30 and 31, 2001 submissions . . . would constitute such a major revision of China Steel/Yieh Loong’s questionnaire as to qualify as a completely new response.

Eni Technology Inc. v. United States

641 F. Supp. 2d 1337 · United States Court of International Trade · Sep 1, 2009

All of these “other than” provisions are clearly inapplicable to the subject merchandise, save one - Heading 8466.82 82 Headings 8409 (parts of spark-ignition reciprocating or rotary internal combustion piston … Because the Explanatory Notes use the word “includes,” established case law requires application of the doctrine of “expressio unius est exclusio alterius” to limit the broad definition to the four enumerated examples

Federal-Mogul Corp. v. United States

18 Ct. Int'l Trade 785 · 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.

BASF Corp. v. United States

391 F. Supp. 2d 1246 · United States Court of International Trade · Jun 13, 2005

Lachance qualified to testify as an expert witness in the areas of carotenoids, beta-carotene, and carotenoid coloring matter. 9 44. … The inclusion of the term “matter” in subheading 3204.19.35 clearly contemplates that products within the scope of the subheading would be beta-carotene or other carotenoid colorants of a particular

Canadian Solar Inc. v. United States

2020 CIT 23 · United States Court of International Trade · Feb 25, 2020

The applicable regulations clearly state: Input suppliers. … In supplemental briefing, Canadian Solar argues that “there is no reason for Commerce to require that all sales have a markup in order to qualify for an EVA,” Suppl. Br. Per Ct. Order of Pls.

United Engineering & Forging v. United States

779 F. Supp. 1375 · United States Court of International Trade · Nov 18, 1991

Those data clearly point to substantial similarity of physical characteristics between the U.S. model and the U.K. comparator selected by the ITA. … The Department must follow its regulations, which clearly specify the rate to be applied.

Taiwan Semiconductor Manufacturing Co. v. United States

100 F. Supp. 2d 1109 · United States Court of International Trade · May 2, 2000

TSMC argues these facts clearly demonstrate that it controls the production of the subject merchandise. … Also, Commerce argues it is well-established that Commerce may make changes during the administrative process.

Kahrs International, Inc. v. United States

645 F. Supp. 2d 1251 · United States Court of International Trade · Sep 18, 2009

“It is ele *1262 mentary that [t]he United States, as sovereign, is immune from suit save as it consents to be sued ..., and the terms of its consent to be sued in any court define that court’s jurisdiction to entertain the … As a result, Kahrs may not rely on them to establish a defacto EUP.

Siemens Energy, Inc. v. United States

992 F. Supp. 2d 1315 · United States Court of International Trade · Jun 17, 2014

Court No. 13-00104 Page 26 decisions to qualify new facilities after production begins. Views at 30 n.170. … In contrast to the 2012 tax credits, the 2013 tax credits required that projects be commenced, not that orders be placed, by the end of the year to qualify.

Matra Americas, LLC v. United States

681 F. Supp. 3d 1339 · United States Court of International Trade · Feb 8, 2024

’s established practice, it must show at the very least that the terms and conditions of the price adjustment were established and known to the customer at the time of sale.” … Quoting 19 C.F.R. § 351.402(b), Domestics asserted that “[t]he antidumping duties clearly were ‘associated with commercial activities in the United States,’ and—particularly for Koehler’s direct sales of thermal paper to

China National MacHinery Import & Export Corp. v. United States

264 F. Supp. 2d 1229 · United States Court of International Trade · Feb 13, 2003

In this case, it may be that there in fact exists a countervailable subsidy program to support steel producers in the country in question, but CMC’s supplier might not have qualified for this program and, therefore, could … Here, Commerce attempted to establish a link between certain “not company specific” subsidies found in other investigations and CMC.

Eregli Demir Ve Celik Fabrikalari T.A.S v. United States

308 F. Supp. 3d 1297 · United States Court of International Trade · Mar 22, 2018

In *1317 OCTG from Turkey , for example, the agency granted the adjustment when "[e]ach respondent demonstrated that when it opened the DIIBs, [ 23 ] it documented 1) projected quantities of imports, which qualify based on … The record before the court, however, does not clearly indicate the measure of excess heat.