Case law

Vicentin S.A.I.C. v. United States

2019 CIT 120 · United States Court of International Trade · Sep 10, 2019

Commerce must clearly ground its determination in the statute. See, e.g., CS Wind Vietnam Co., Ltd. v. United States, 832 F.3d 1367, 1376 (Fed. … Br. at 23-24, but such an observation is insufficient to establish a controlling practice where, as here, Commerce found a PMS that distorts the entire market. Consol.

Fresh Garlic Producers Ass'n v. United States

121 F. Supp. 3d 1313 · United States Court of International Trade · Nov 30, 2015

Unless a party rebuts the presumption by establishing de jure and de facto independence from the NME country’s government, that party is assigned a country-wide AD duty rate. Sigma Corp. v. … “Here,” Commerce continues, “[we] relie[d] on a different lens” to conclude that “the quantity [of garlic] produced in the Philippines surely qualifies as significant.” Id. at 8.

United States v. Optrex Am., In

2008 CIT 63 · United States Court of International Trade · Jun 9, 2008

To establish a defense of reasonable care, the Committee believes that an importer should consider utilization of one or more of the following aids to establish evidence of proper compliance: seeking … While in this case Optrex is assigned the lowest level of culpability under § 1592(a), for the benefit of the trade community it is important to clearly define conduct that is negligent.

Asia Wheel Co. v. United States

2025 CIT 17 · United States Court of International Trade · Feb 21, 2025

EAPA establishes the procedure for an “interested party” to submit allegations of importer evasion of antidumping and countervailing liability. 19 U.S.C. § 1517(b). … In refusing to foreclose this further analysis, Commerce clearly contemplated the exact wheels at issue here such that Plaintiffs could reasonably anticipate that the wheels at issue would fall within the scope subject

United States v. Complex MacHine Works Co.

83 F. Supp. 2d 1307 · United States Court of International Trade · Dec 14, 1999

. §1592, it is clearly motivated Court No. 95-10-01319 Page 15 of 28 For the most part, the factors identified above relate to deterrence. … Moreover, as noted by Plaintiff, the burdens of proof enumerated by Congress in establishing liability do not rise to those required in criminal cases, i.e. beyond a reasonable doubt.

Fujian Lianfu Forestry Co., Ltd. v. United States

638 F. Supp. 2d 1325 · United States Court of International Trade · Aug 10, 2009

Given that Starcorp, not Commerce, was the party in control of Starcorp‘s information, it was incumbent upon Starcorp to fully and clearly disclose to Commerce, on a timely basis, the merchandise that it had not produced … Dare Group Br. 14-17.12 Commerce examined these studies during the review, but found that they were not ―sufficiently specific to the inputs in this case to qualify as evidence of inaccurate surrogate value data in this

Avenues in Leather, Inc. v. United States

28 Ct. Int'l Trade 565 · United States Court of International Trade · Apr 26, 2004

Shor was unable to break down the Presentation Calcu-Folio’s constituent materials on a cost, weight, or surface area basis in order to establish that the article is “of paper or paperboard” or to offer testimony that such … Cir. 1995)), 317 F.3d at 1404,15 this Court is free to observe that the presence of the memorandum pad, the three-ring binder, and the paperboard core and spine clearly support finding that the essential character of the

Zhaoqing Tifo New Fibre Co. v. United States

355 F. Supp. 3d 1285 · United States Court of International Trade · Nov 30, 2018

In the interests of finality, Commerce’s final determination in any antidumping proceeding is essentially immune to attack, except to the extent that a party commences a timely challenge of that final determination in this … Supp. 1073, 1073-76 (1990) (rejecting intervenors’ attempt to inject into litigation new claims that were “clearly beyond the scope of the original litigation” between the plaintiff and Commerce, noting that intervenors could

Totes-Isotoner Corp. v. United Stat

2008 CIT 73 · United States Court of International Trade · Jul 3, 2008

Constitutional Standing Because federal judicial jurisdiction arises from the Constitution, in order to bring its case here, Totes must demonstrate that its claim qualifies as a “case … The constitutional equal protection guarantee at issue in this case clearly protects against discrimination on the basis of sex. Craig v. Boren, 429 U.S. at 197.

AL Tech Specialty Steel Corp. v. United States

28 Ct. Int'l Trade 1468 · United States Court of International Trade · Sep 8, 2004

(Moreover, even if Commerce had in fact established that Bolzano did have such a legal obligation before the Site Purchase Agreement and the related transactions, there is no record evidence to establish that the Province … But, clearly, Commerce made no such finding in its Final Determination.

USEC, Inc. v. United States

25 Ct. Int'l Trade 459 · United States Court of International Trade · May 17, 2001

reason to believe that: (1) The merchandise is being, or is likely to be, sold at less than fair value; and (2) That industry is materially injured, is threatened with material injury, or its establishment … As Commerce states, "there are many fungible commodities, and the concerns expressed by USEC are clearly applicable to them as well.

Rubies Costume Co. v. United States

2017 CIT 147 · United States Court of International Trade · Oct 31, 2017

The words in Note 1(e) “of textiles, of chapter 61 or 62” immediately following “fancy dress,” establish the context in which the term “fancy dress” is to be applied, and thereby circumscribe, qualify, and limit … Rubie’s II, 337 F.3d at 1358 (emphasis added); see Pl.’s MSJ at 15-16 (contending the Santa Suit’s “value as wearing apparel to the consumer is clearly secondary to its ‘make-believe’ or festive value”).

Federal-Mogul Corp. v. United States

20 Ct. Int'l Trade 234 · United States Court of International Trade · Feb 13, 1996

In the present case, Torrington again fails to establish a link between intracorporate transfers and the reimbursement of antidumping duties. … The explanation provided by Commerce in the Final Results fails to establish that the imputed interest rate conforms to commercial reality.

Ellwood City Forge Co. v. United States

2026 CIT 69 · United States Court of International Trade · Jun 29, 2026

Because BGH qualified for and used these programs, it paid less tax than it otherwise would have, meaning it received a benefit. Id. at 1254. … In contrast, when Commerce calculates COP for purposes of the sales-below- cost test, § 1677b(f) establishes a separate set of rules. These rules outline how  Consol.

Shandong Huarong MacHinery Co. v. United States

435 F. Supp. 2d 1261 · United States Court of International Trade · Jun 9, 2006

review and (b) that by doing so, they acted to the best of their abilities to comply with Commerce’s request; and (2) despite Company A’s and LMC’s relatively minimal responsibilities, they performed sufficient duties to qualify … Ames is . . . concerned that, after explaining in detail in its brief how SMC failed to respond to Commerce’s information requests, including language in the requests themselves where Commerce clearly

United States v. Sterling Footwear, Inc.

2017 CIT 141 · United States Court of International Trade · Oct 12, 2017

Defendants again qualify their response, asserting that Sterling described “some of its footwear as ‘rubber tennis shoes.’” Defs.’ Resp. to PSOF ¶ 55. … The composition of the upper is printed inside the footwear and the foxing or foxing-like band is clearly visible on the exterior. See Pl.’s Physical Ex. 1.

Shandong Rongxin Imp. & Exp. Co. v. United States

2017 CIT 11 · United States Court of International Trade · Feb 3, 2017

“Chevron requires us to defer to the agency's interpretation of its own statute as 7 “In order to determine whether a statute clearly shows the intent of Congress in a Chevron step one analysis, we employ traditional … The statutory provisions containing the “domestic producers” term that Commerce interpreted in the Eurodif administrative proceeding were themselves qualified by percentages: a petition may be filed on behalf of an industry

Koenig & Bauer-Albert AG v. United States

15 F. Supp. 2d 834 · United States Court of International Trade · Jun 23, 1998

However, the court added, “failure to reopen a determination which is known to be based on erroneous factual information that would clearly mandate a change in result would itself be arbitrary and capricious.” … United States, 113 F.3d 1220, 1223 (Fed.Cir.1997) (deciding under the 1988 version of the anti-dumping law that “[information that has conclusively been determined to be inaccurate does not qualify as the ‘best information

The Pomeroy Collection, Ltd. v. United States

893 F. Supp. 2d 1269 · United States Court of International Trade · Jan 28, 2013

All tariff provisions discussed in relation to both the classified and claimed provisions at issue here are properly preceded by the prefix “MX,” to indicate that the goods qualify for the duty rate applicable to products … Supp. 2d at 1396 (concluding that heading 9405 “is clearly identifiable as an eo nomine provision,” not a principal use provision); Pl.’s Brief at 6, 15, 16 (stating that heading 9405 is eo nomine provision); Def.’s Reply

Home Depot, U.S.A., Inc. v. United States

427 F. Supp. 2d 1278 · United States Court of International Trade · Apr 7, 2006

Furthermore, this Court finds that the written content of Plaintiff’s Exhibit 54 does not clearly relate this fixture. Mr. … Mintz, “[t]he glass shade is so heavily articulated by a variety of prisms, flutes, concentric rings, painted bands, clearly that’s the main Consol.