Case law

Midwest of Cannon Falls Inc. v. United States

20 Ct. Int'l Trade 123 · United States Court of International Trade · Jan 18, 1996

In the HTSUS, Congress deleted the qualifier “tree.” 2 Customs is asking this Court to read the term “tree” back into the statute. The Court declines to do so. … Congressional intent is demonstrated more clearly by changing Chapter 95, rather than its failure to modify all cross-references to it in the HTSUS.

Zhaoqing Tifo New Fibre Co. v. United States

256 F. Supp. 3d 1314 · United States Court of International Trade · Aug 30, 2017

As such, the remand in Zhaoqing Tifo I clearly was not a limited remand. But fact that it was not a limited remand does not mean that it was unbounded. … If Commerce cannot establish – by substantial evidence – that, given its decision to rely on P.T.

Avecia, Inc. v. United States

469 F. Supp. 2d 1269 · United States Court of International Trade · Dec 19, 2006

Avecia’s process technology team for ink-jet ink manufacture employs 36 individuals permanently at Grangemouth and 9 of them are Ph.D-qualified while the rest are degree-level qualified. R 90:24-91:8. … Testimony established that gravure ink consisted of a colorant, a binder, and a solvent.

Citrosuco Paulista, S.A. v. United States

704 F. Supp. 1075 · United States Court of International Trade · Dec 30, 1988

The Court holds that Florida Citrus Mutual (FCM) does not qualify as a organization which represents producers of a “like product,” but that growers of round oranges are includable in the domestic industry which produces … The figures examined establish similar patterns of increases and decreases over the last decade. See id. at R81.

EOS of North America, Inc. v. United States

911 F. Supp. 2d 1311 · United States Court of International Trade · May 10, 2013

Customs Informed Compliance Publication” (“ICP”) that sets forth five criteria a machine must satisfy to qualify as “machine tool” for tariff classification purposes. … The latter is a capability that is not expressly contemplated by EN 85.15, that is inconsistent with some established definitions of the term “welding,” and that is not definitively encompassed by any established definition

Humane Soc. of US v. Brown

920 F. Supp. 178 · United States Court of International Trade · Feb 16, 1996

Clearly, the orientation of this resultant regime is international, not domestic. And when the orientation is such, judicial deference is at its apogee. … to enjoin a Walt Disney Enterprises development of part of the Sequoia National Forest essentially upon the stated rationale that a mere “interest in a problem,” no matter how long-standing the interest and no matter how qualified

Makita Corp. v. United States

974 F. Supp. 770 · United States Court of International Trade · Jul 8, 1997

A The plaintiffs argue that the “difficulty ... in defining the so-called ‘professional’ tools ... clearly shows that the definition which the Department ultimately came up with was arbitrary”. … Consequently, Makita bears no cost as a result of this discount and this does not qualify as a reduction to FMV. 58 Fed.Reg. at 30,148 (Comment 5).

ME Global, Inc. v. United States

633 F. Supp. 3d 1349 · United States Court of International Trade · May 2, 2023

When Plaintiff entered the rods, goods classified under HTSUS subheading 7228.30.80 were subject to a national security tariff of 25% ad valorem imposed under HTSUS subheading 9903.80.01 (establishing 25% ad valorem duties … The act of “forging” clearly falls within the common meaning of “further worked” as it is the process of shaping an existing product—in this case, the steel bars—to a greater extent.

G.G. Marck & Assocs., Inc. v. United States

2015 CIT 62 · United States Court of International Trade · Jun 17, 2015

The evidence adduced during discovery, however, establishes otherwise. . . . … Note 6(b) to qualify for special treatment under the HTSUS—and be classified as “available in specified sets” under subheading 6912.00.39—are offered for sale in only two colors, cobalt blue and light blue, only those

RZBC Group Shareholding Co. v. United States

100 F. Supp. 3d 1288 · United States Court of International Trade · Aug 5, 2015

The agency clearly wanted it. This point was hammered home in the second review. There, Commerce again requested data regarding steam coal use. … To qualify as a subsidy, a government contribution must confer a benefit. 19 U.S.C. § 1677 (5)(B).

Mitsubishi Polyester Film, Inc. v. United States

321 F. Supp. 3d 1298 · United States Court of International Trade · Jun 19, 2018

Here, Mitsubishi states, “the relevant ambiguity is whether a coextruded film can, in virtue of coextrusion, qualify Court No. 13-00062 Page 17 … To the contrary, Commerce clearly explained “that there is nothing in the written scope of the order or in [its] analysis of the (k)(1) factors which would lead to the conclusion that a particular production process is

Jiangsu Zhongji Lamination Materials Co. v. United States

2019 CIT 111 · United States Court of International Trade · Aug 15, 2019

this time because (1) respondents Zhongji and Dingsheng had not yet responded to Section D of Commerce’s antidumping questionnaire and (2) issues relating to the level of vertical integration of the respondents were not clearly … established on the administrative record.

FORMER EMPLOYEES OF ROHM AND HASS CO. v. Chao

246 F. Supp. 2d 1339 · United States Court of International Trade · Jan 23, 2003

Clearly, the plaintiffs would qualify for TAA benefits under the most recent iteration of the TAA statute, if it applied to this case. … As the Court of International Trade has already spoken to this issue, and Labor has offered no reasoned explanation why the CIT’s prior holdings are in error, the Court will not depart from established precedent.

Former Emps. of Geokinetics, Inc. v. United States Sec'y of Labor

290 F. Supp. 3d 1348 · United States Court of International Trade · Feb 16, 2018

Plaintiffs have not argued that Labor does not have such an established practice, or that the established practice of using the one-year period immediately prior to the petition date is unreasonable. … In order to qualify for adjustment assistance certification under the shift in production or services path, Labor must initially determine that “a significant number or proportion of the workers . . .

Gerber Food (Yunnan) Co., Ltd. v. United States

491 F. Supp. 2d 1326 · United States Court of International Trade · May 24, 2007

The statement by Gerber that Green Fresh exported the product to the United States was not qualified elsewhere in Gerber’s first supplemental response. … Rather than provide confusing, contradictory, and false responses, the parties should have communicated, clearly and unequivocally, and without delay, the materials facts, e.g., that Gerber did not supply subject merchandise

Hynix Semiconductor Inc. v. United States

425 F. Supp. 2d 1287 · United States Court of International Trade · Mar 23, 2006

19 U.S.C. § 1677(5)(B)(iii), as interpreted by Commerce, clearly provides the answer: no, because under normal circumstances court-ordered punitive damages do not fulfill a government subsidy function. 17 Commerce’s interpretation … Hynix contends that Citibank’s investment, representing only a small percentage of the total debt-to-equity conversion but valued at tens of millions of dollars, should have been considered “significant” and thus qualified

New Mexico Garlic Growers Coal. v. United States

352 F. Supp. 3d 1281 · United States Court of International Trade · Nov 26, 2018

Commerce’s questionnaire requested information for all companies affiliated with QTF, and clearly defined the scope of its request. Initial QTF Questionnaire at A-6, App. I. … Katz’ statements in his February 2017 submission and NMGGC’s questionnaire response upon which Commerce relied to make its initial finding that NMGGC qualified as a domestic interested party. See I&D Mem. at 21.

Dongguan Sunrise Furniture Co., Ltd. v. United States

865 F. Supp. 2d 1216 · United States Court of International Trade · Jun 6, 2012

This is clearly incorrect. … Commerce has established department precedent for its practice of capping freight revenue.

Shinyei Corp. of America v. United States

491 F. Supp. 2d 1209 · United States Court of International Trade · Apr 20, 2007

On June 24, 1992, Commerce published the final results of the second review in which Commerce established specific antidumping duty deposit rates for the merchandise manufactured by the Six Manufacturers. … The Order, however, is clearly introduced with the language, “[u]pon consideration of plaintiff’s motion for a preliminary injunction . . .”

Zhejiang DunAn Hetian Metal Co. v. United States

707 F. Supp. 2d 1355 · United States Court of International Trade · Apr 19, 2010

Whether Commerce should so limit its data set or should instead include a broad set of data such as that used in this case, that is, which set of data qualifies as the “best available information,” goes to Commerce’s application … By following its reasonable established practice, Commerce has not so failed.