Dorbest Ltd. v. United States

How courts have described this case

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

• noting that the statute is clear that Commerce must use data from economically comparable countries unless such data are not available or are irretrievably tainted
• holding Commerce’s labor wage rate invalid because it “improperly uses data from both countries that produce comparable merchandise and countries that do not”
• holding “that Dorbest’s failure to raise its issue in its administrative case brief constituted a failure to exhaust administrative remedies” in violation of regulatory exhaustion requirement
• holding respondent failed to exhaust administrative remedies when it did not challenge omission from methodology in its administrative case brief, even though it raised the issue in rebuttal brief and again during ministerial comment period
• contemplating, with approval, agency use of data from a “subset of ... countries” to value labor
• sustaining agency decision not to correct an untimely allegation of ministerial error involving a raw material expense

Source: CourtListener parenthetical corpus (CC0).