Case law

Nucor Corp. v. United States

594 F. Supp. 2d 1320 · United States Court of International Trade · Dec 23, 2008

Joint Plaintiffs and USS have failed to establish that the ITC’s exercise of discretion was clearly erroneous. … It is, therefore, this Court’s determination that Plaintiffs have not established that the ITC’s exercise of discretion was clearly erroneous.  See Overton Park, 401 U.S. at 416.  

British Steel PLC v. United States

879 F. Supp. 1254 · United States Court of International Trade · Feb 9, 1995

Finally, plaintiffs raise the objection that Commerce’s “decision to establish and find ‘unrebutted’ the new tying presumption was contrary to the substantial evidence of record established in the French investigation.” … Commerce also notes the Ministry of Finance at verification acknowledged that in the mid-1980s it intentionally lowered the allowable ceiling so that, in effect, very few companies could qualify to receive direct foreign

Rockwell Automation, Inc. v. United States

7 F. Supp. 3d 1278 · United States Court of International Trade · Oct 20, 2014

As summarized below, Plaintiffs Amended Consent Motion for Leave to *1282 File Out of Time, and to Extend Time to Remain on Reserve Calendar is granted as to all 11 actions, qualified by several significant reservations and … The deadlines that are established in court rules and court orders must mean something.

Harak v. United States

30 Ct. Int'l Trade 908 · United States Court of International Trade · Jul 18, 2006

Court No. 05-00365 Page 13 choice C, because the question clearly identifies Philadelphia as the port of entry. Def.’s Br. 14. … Therefore, Defendant was reasonable in its conclusion that choice E was “clearly disposed of by [that] section.” Def.’s Br. 23.

Skf USA Inc. v. United States

77 F. Supp. 2d 1335 · United States Court of International Trade · Dec 2, 1999

expressly address the issue of disparate treatment of positive and negative billing adjustments, the Court’s order in INA remanding to Commerce to deny adjustments to FMV for respondent’s negative billing adjustments only clearly … A zero-priced transaction does not qualify as a “sale” and, therefore, by definition cannot be included in Commerce’s FMV calculation.

United States v. Pressman-Gutman Co., Inc.

721 F. Supp. 2d 1333 · United States Court of International Trade · Sep 16, 2010

Thereafter, Customs personnel at the port forwarded the samples and literature (which had been located in the meantime) to the National Commodity Specialist, who concluded that the garments did not qualify as folklore items … The Government thus fails to clearly distinguish between the initial “release” of merchandise and the “conditional release” of merchandise.

Precision Specialty Metals, Inc. v. United States

116 F. Supp. 2d 1350 · United States Court of International Trade · Sep 20, 2000

The court accepts this undisputed evidence as established fact for the purpose of the instant motion. … Supp. 1474, 1478 (1985) (“Customs’ establishment of a ‘position’ would be along the same lines as that of an ‘established and uniform practice’ under 19 U.S.C. § 1315(d) (1982).

Former Employees of Oxford Automotive U.A.W. Local 2088 v. United States Department of Labor

27 Ct. Int'l Trade 1498 · United States Court of International Trade · Oct 2, 2003

or subdivision; or (B) that there has been a shift in production by such workers’ firm or subdivision to Mexico or Canada of articles like or directly competitive 5 To qualify … In addition, under case law governing TAA cases, “it is well established that an imported article is ‘like or directly competitive’ with a domestic product if it is ‘interchangeable with or substitutable for’ the article

Honeywell Int'l, Inc. v. United States

756 F. Supp. 3d 1346 · United States Court of International Trade · Jan 30, 2025

Willoughby Camera Stores, Inc., 21 C.C.P.A. 322, 324 (1933) (stating the “integral, constituent, or component part” test and noting the “well-established rule that a ‘part’ of an article is something necessary to the completion … Moreover, each type of screen may only be used for the purpose for which it was manufactured and the function and purpose of each screen is clearly identifiable upon importation. 23 CIT at 582, 62 F.

Target Corp. v. United States

578 F. Supp. 2d 1369 · United States Court of International Trade · Sep 18, 2008

over (ITC) 50 percent petroleum wax” Court No. 06-00383 Page 4 The ITC therefore interpreted Commerce’s redundant qualifier … However, if a product is developed before an antidumping case is initiated, the later-developed product provision is clearly inapplicable. Electrolytic Manganese Dioxide From Japan, 56 Fed.

Agro Dutch Industries, Ltd. v. United States

30 Ct. Int'l Trade 320 · United States Court of International Trade · Mar 28, 2006

Commerce described indirect selling expenses as expenses which do not meet the criteria of “resulting from and bearing a direct relationship to” the sale of the subject merchandise, do not qualify … Page 17 subsequent to the administrative determination materially impacting the issue, (3) a pure question of law, (4) the plaintiff had no reason to suspect that the agency would refuse to adhere to clearly

Zenith Electronics Corp. v. United States

18 Ct. Int'l Trade 870 · United States Court of International Trade · Sep 19, 1994

According to the Unions, Commerce failed to require proof that the sales were PP transact ions and ignored evidence showing that the sales were clearly not PP transactions. … Supp. at 1530 , for the proposition that expenses must be reported on a product-specific basis to qualify as direct.

Yantai Oriental Juice Co. v. United States

26 Ct. Int'l Trade 605 · United States Court of International Trade · Jun 18, 2002

Sales database submitted to Commerce clearly indicated which sales were shipped to the Detroit area, Commerce was fully capable of applying the Detroit freight rate to those particular sales while leaving the East Coast … Pursuant to the Capping Provision, liability for duties established by a final determination are set at the amount established by a preliminary determination such that if the cash deposit or bond amount set at the preliminary

Clearon Corp. v. United States

2015 CIT 91 · United States Court of International Trade · Aug 20, 2015

All else being equal, tax-and duty-free domestic data is clearly preferable over imports data”); & Yantai Oriental Juice Co. v United States, 26 CIT 605, 617 (2002) (rejecting more contemporaneous import data … Even assuming it can be considered, it does not establish that Commerce had any alternative electricity rates from which to choose. See Arch’s Br. at 17, n.2.

Shandong Huarong General Group Corp. v. United States

27 Ct. Int'l Trade 1568 · United States Court of International Trade · Oct 22, 2003

Doc. 84 at 3 (“[T]he information reviewed at verification clearly demonstrates that Huarong records these sales in its books and records [them] as sales to the U.S. customer in question.”). … Thus, an NME exporter may qualify for a company-specific antidumping duty margin where it participates in the investigation, and: (1) requests a company- 19 This failure to cooperate with the investigation

Ammex, Inc. v. United States

62 F. Supp. 2d 1148 · United States Court of International Trade · Aug 13, 1999

establishing that the Administrative Record was improperly designated”).8 In this case, Plaintiff has failed to make such a showing. … In its Discovery Motion, Plaintiff notes that "[i]t was during the process of qualifying Ammex's facility as an exit point that the issue of duty-free sales of gasoline first arose." Discovery Motion at 9-10.

CamelBak Products, LLC v. United States

704 F. Supp. 2d 1335 · United States Court of International Trade · May 10, 2010

citations to the HTSUS herein are to the 2003 edition. 3 In its opening brief, CamelBak argued that, if the subject merchandise were found to be properly classified under subheading 4202.92.04, the merchandise qualified … literal and cramped fashion would also mean that bags designed to carry a tennis racket, fishing gear, or golf clubs, but not clothing, could not be classified under subheading 4202.92 as “travel, sports and similar bags” – clearly

Vinh Hoan Corp. v. United States

49 F. Supp. 3d 1285 · United States Court of International Trade · Feb 19, 2015

One is a guide on how a fish farmer would go about qualifying for a program to grow jambal, and notes that jambal could be grown in ponds. … Clearly this information was available at this time.

Dorbest Ltd. v. United States

547 F. Supp. 2d 1321 · United States Court of International Trade · Feb 27, 2008

its argument that Commerce’s determination was unreasonable, Dorbest presents its analysis showing that there is a relationship between company size (as measured by cost of manufacture 31 ) and SG & A ratio, which is more clearly … United States, 113 F.3d 1220, 1223 (Fed.Cir.l997)(deciding under the 1988 version of the antidumping law that “[ijnformation that has conclusively been determined to be inaccurate does not qualify as the ‘best information

Taian Ziyang Food Co., Ltd. v. United States

637 F. Supp. 2d 1093 · United States Court of International Trade · Jun 29, 2009

In essence, Ziyang proposes that using herbicide film does not qualify as a use of herbicide. See Domestic Producers Response Brief at 17-18, Ziyang AFA Memorandum (Pub. Doc. No. 357), at 10. … All else being equal, tax- and duty-free domestic data is clearly preferable over import data . . . . ”); Rhodia, 25 CIT at 1287, 185 F.