· 3/13/1998
Hoogovens Staal BV v. United States
Citations
- 4 F. Supp. 2d 1213
- 22 Ct. Int'l Trade 139
- 22 C.I.T. 139
- 20 I.T.R.D. (BNA) 1262
- 1998 Ct. Intl. Trade LEXIS 18
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “as part of the final margin calculation, Commerce adjusts the U.S. price downward to reflect the amount of duty reimbursed to, or paid on behalf of, the importer”
- noting that Commerce is not required to adhere to its prior reasoning as long as it explains why it has changed its position
- “deducting antidumping duties as costs or import duties from U.S. price would, in effect, double-count the margin”
- “Presumably, an exporter will be reluctant to continue paying the cost of anti-dumping duties because the margin will increase ... each time Commerce reviews it.”
- “The Court can not [sic] consider evidence presented in the second administrative review when it reviews the first administrative review.”
- “Whatever additional information that persuaded Commerce that Hoogovens had discontinued its practice of reimbursing NVW during the second period of review was not a part of the record for this [first] review”
Source: CourtListener parenthetical corpus (CC0).
Judges: DiCARLO
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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