Amendment to the statute allowing for a corrective methodology in calculating the constructed value of an item given a particular market situation cannot be applied by the agency to the parallel calculation of the cost of production, which is used to determine if a product is being sold at less than cost.
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.
Showing posts with label Trade. Show all posts
Showing posts with label Trade. Show all posts
Federal Circuit: Maybourn Group, LTD v. ITC
Sufficient standing to challenge agency determination where company continues to import goods possibly subject to exclusion order and has lost actual sales sue to the uncertainty over their legal status.
Discovery of prior art that would negate the patent that serves as the basis for the exclusion order is not sufficient basis for a petition against the exclusion order, as the agency's statutory powers of patent adjudication are limited to claims made by parties in formal enforcement actions.
Federal Circuit: Prosperity TIEH Enterprise v. US
When agency adjudication merges two business entities for the purpose of assessing antidumping violations, consideration of the totality requires that subsequent merger of a third company must assess the relationships of each company severally.
Sufficient substantial evidence for agency adjudication finding of product misrepresentation, as common meaning implicates the universal criteria.
Federal Circuit: Sifab Solar, Inc. v. US
Where there is no probability of success on the merits, a preliminary injunction is not reviewed under a sliding scale as to the merits.
Congruency between presidential order on tarriffs and the commission's recommendations is a matter for Congress; commission findings did not preclude the tarriff under the NAFTA enablement act.
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/18-1718.Opinion.6-15-2018.pdf
Congruency between presidential order on tarriffs and the commission's recommendations is a matter for Congress; commission findings did not preclude the tarriff under the NAFTA enablement act.
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/18-1718.Opinion.6-15-2018.pdf
Federal Circuit: Nan Ya Plastics Corporation v. US
Trade, Administrative
As the plain terms of the statute permit the agency to consider any information before it in setting the rate, an unusually high benchmark does not offend the limitations of accuracy and commercial reality.
As the rate is based on a primary source, the corroboration requirement is not triggered.
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1054.Opinion.1-14-2016.1.PDF
As the plain terms of the statute permit the agency to consider any information before it in setting the rate, an unusually high benchmark does not offend the limitations of accuracy and commercial reality.
As the rate is based on a primary source, the corroboration requirement is not triggered.
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1054.Opinion.1-14-2016.1.PDF
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