Case law

Cormorant Shipholding Corp. v. United States

2009 CIT 38 · United States Court of International Trade · May 12, 2009

Cormorant’s entry.10 Of specific relevance to the motion to dismiss at issue here, Customs denied CSC’s protest as to Item 41, generally, because CSC had failed to provide sufficient information or documentation to qualify … In addition, the vessel repairs at issue here were clearly “imported.” 1 Shorter Oxford English Dictionary, supra, at 1339 (“import” is defined as “[t]o bring in; to introduce from an external source; . . .

Neimenggu Fufeng Biotechnologies Co. v. United States

2024 CIT 139 · United States Court of International Trade · Dec 16, 2024

Because “the orderly functioning of the process of review requires that the grounds upon which the administrative agency acted be clearly disclosed and adequately sustained,” SEC v. … The court’s holding in this case does not necessarily preclude a future determination that some other action undertaken pursuant to Section 301 might qualify as a non-deductible duty. Consol.

Neimenggu Fufeng Biotechnologies Co. v. United States

2024 CIT 139 · United States Court of International Trade · Dec 16, 2024

Because “the orderly functioning of the process of review requires that the grounds upon which the administrative agency acted be clearly disclosed and adequately sustained,” SEC v. … The court’s holding in this case does not necessarily preclude a future determination that some other action undertaken pursuant to Section 301 might qualify as a non-deductible duty. Consol.

Shenzhen Xinboda Industrial Co. v. United States

976 F. Supp. 2d 1333 · United States Court of International Trade · Apr 16, 2014

As Xinboda notes, the Domestic Producers’ initial (2003) Market Research Report clearly distinguishes among “farm level,” wholesale, and retail sales. … The qualified nature of Commerce’s own language in the Final Results – specifically, Commerce’s statement that the agency’s use of Tata Global’s unconsolidated financial statement addresses “[m]any of Xinboda’s concerns

Dorbest Ltd. v. United States

462 F. Supp. 2d 1262 · United States Court of International Trade · Oct 31, 2006

Though the desire for comparability of technology is clear, and one could argue, optimal, this desire is qualified by the phrase “if possible.” … Supp. 2d at 1273, (“During its investigation or upon remand, Commerce should have established the category of coal used by Hebei or at least established the category or categories of coal normally used to produce the subject

Peer Bearing Co.-Changshan v. United States

986 F. Supp. 2d 1389 · United States Court of International Trade · Jun 10, 2014

Redetermination that “the processes in the PRC, involving forging, annealing, turning, grinding green-machining, and heat treating, impart the essential character to the TRB,” Remand Redetermination 20, this finding is qualified … The Preamble also suggested, without clearly stating, that Commerce intended to apply the method described in the third sentence only if the NME producer itself made the significant-quantity market economy purchases.

AG Der Dillinger Huttenwerke v. United States

193 F. Supp. 2d 1339 · United States Court of International Trade · Feb 28, 2002

To qualify, the region must be considered “disadvantaged on the basis of neutral and objective criteria which in turn measure the level of economic development in the region.” … The court reasoned that “the application of the 1979 and 1984 amendments to entries made prior to the effective dates of those amendments would be the retroactive application of those amendments which is not clearly required

Oregon v. United States

2026 CIT 47 · United States Court of International Trade · May 7, 2026

“When Congress grants the power to impose tariffs, it does so clearly and with careful constraints.” Learning Res., 146 S. Ct. at 644. … Cir. 2025) (“[L]ayoffs and damage to goodwill . . . are independently sufficient to establish irreparable harm.”).

Özdemir Boru San. Ve Tic. Ltd. Sti. v. United States

273 F. Supp. 3d 1225 · United States Court of International Trade · Oct 16, 2017

The “similar” qualifier is undefined, and it is within Commerce’s purview to effectuate it and give it meaning. … On the record, it was well within Commerce’s discretion to conclude that where the two programs are both tax programs, a sufficient nexus of similarity was established.

Xerox Corp. v. United States

2015 CIT 132 · United States Court of International Trade · Nov 23, 2015

00474 Page 23 The Explanatory Notes define “data processing” as that which “consists in handling information of all kinds, in pre-established … Certainly heading 8443 covers “printing machinery used for printing,” and one might surmise that offset printers can provide excellent quality, but that part of the heading is only qualified Court No. 05-00474

Canex International Lumber Sales Ltd. v. United States

34 Ct. Int'l Trade 827 · United States Court of International Trade · Jun 29, 2010

Canex’s merchandise was not identical to the merchandise in NY B88564 and NY B81359, which clearly were destined for specific use as part of a roof truss system. … Here, the court has established that Canex’s merchandise falls under heading 4407.

Beijing Tianhai Industry Co. v. United States

52 F. Supp. 3d 1351 · United States Court of International Trade · Feb 6, 2015

As to plaintiff’s argument that Commerce should have analyzed the sales and purchases as “affiliated transactions” under 19 C.F.R. § 351.525, 19 this provision clearly applies only to situations where there is cross-ownership … According to plaintiff, the record establishes that BTIC and Tianjin Tianhai would not pay the VAT or import duties if they imported steel tube. Pl.’s Br. 43.

Dong-A Steel Co. v. United StatesPublic version posted 10/01/2020.

475 F. Supp. 3d 1317 · United States Court of International Trade · Sep 29, 2020

Supp. 2d 1354, 1374, (2009) (“While it is Commerce’s responsibility to determine if a petitioner qualifies for a CEP offset, it is the responsibility of the respondent requesting the CEP offset to procure and present the … Here, the statute clearly describes the circumstances under which Commerce is authorized to find and adjust for PMS determinations. As such, any debate over legislative history does not alter the outcome. Consol.

Nagase & Co. v. United States

2023 CIT 46 · United States Court of International Trade · Apr 11, 2023

In order for an allocation to qualify as “historically used,” it must have been in place before the Period of Review. … Whether that was true as an accounting matter was not established.

Whirlpool Corp. v. United States

2013 CIT 155 · United States Court of International Trade · Dec 26, 2013

According to Whirlpool, because Product Category 3A units qualify as both four- door and jumbo capacity BMRs, the Commission double counted four-door, jumbo capacity BMRs in its analysis of the increase in apparent domestic … Whirlpool also avers that the Commission cannot reconcile the establishment of a distinct jumbo market segment with its use of wide ranges of BMR size in its competitive pricing analyses.

GPX International Tire Corp v. United States

893 F. Supp. 2d 1296 · United States Court of International Trade · Jan 7, 2013

As indicated, this is simply not clearly decided by the CAFC and the best approach for reason of judicial economy, and to make sure that the court obeys the direction of the CAFC to consider constitutional issues, is to … Huaiyin, 322 F.3d at 1380 (establishing as penal only penalties that are “unrelated” to the actual harm).

Hitachi Home Elecs. (America), Inc. v. United States

2010 CIT 46 · United States Court of International Trade · Apr 30, 2010

Hitachi claims that the televisions qualify for duty-free treatment under the North American Free Trade Agreement (“NAFTA”) in accordance with General Note 12 of the HTSUS. (See id. at 8.) … Instead, “[t]he intent of Congress is clearly evidenced by the contrasting statutory provisions relating to a protest subject to accelerated disposition.” Id.

Diamond Sawblades Mfrs. Coal. v. United States

2013 CIT 130 · United States Court of International Trade · Oct 11, 2013

The collapsing regulation does not delimit the extent to which producers “have” the necessary facilities to qualify under the regulation. … They contend the first of the above factors clearly supports finding a lack of substantial transformation, in that cores, segments and sawblades were all considered the same “class or kind” of merchandise, see Def.’s Br

Kahrs Int'l, Inc. v. United States

2009 CIT 101 · United States Court of International Trade · Sep 18, 2009

“It is elementary 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 de facto EUP.  

Posco v. United States

296 F. Supp. 3d 1320 · United States Court of International Trade · Mar 8, 2018

See POSCO Mot. at 13-19 (arguing that evidence establishes that the unreported inputs were not primarily dedicated). … POSCO's qualified response regarding non-Korean input suppliers supports Commerce's understanding that POSCO's response regarding Korean input suppliers was unqualified.