City of Detroit Police and Fire Retirement System v. Joseph Hamrock

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing under BIA that “although the ultimate purpose of BIA is not to punish, BIA is intended to be adverse”
• quotingManifattura Emmepi S.p.A. v. United States, 16 CIT 619, 624, 799 F. Supp. 110, 115 (1992)
• remand to Commerce to articulate standards for determining “non-aberrant” margins where agency failed to provide explanation of term
• Commerce does not consider the respondent’s level of cooperation when applying partial BIA and may apply the highest non-abberant margin despite respondent’s cooperation
• “Once such deadlines have passed, whether Commerce accepts the late submissions is within its discretion.”
• “When errors in the information submitted constitutes a failure to provide the necessary data, Commerce applies a more adverse dumping margin as partial BIA.”

Source: CourtListener parenthetical corpus (CC0).