· 2/2/1999
Nation Ford Chemical Company v. United States, and Yude Chemical Company, Zhenxing Chemical Industry Company and Pht International, Inc.
Citations
- 166 F.3d 1373
- 20 I.T.R.D. (BNA) 2031
- 1999 U.S. App. LEXIS 1384
- 1999 WL 50475
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- collecting cases and explaining that 19 U.S.C. § 1677b(c) provides “guidelines,” but “accords Commerce wide discretion in the valuation of factors of production in the application of those guidelines”
- collecting cases and explaining that 19 U.S.C. § 1677b(c) provides “guidelines,” but “accords Commerce wide discretion in the valuation of factors of production in the application of those guidelines”
- the “best available information” test must be evaluated under the circumstances of the case
- “[A] surrogate value must be as representative of the situation in the NME country as is feasible[.]” (internal quotation marks and citation omitted)
- “There is no reason . . . to incorporate the distortions in the [surro- gate] market into a hypothetical [respondent] market[.]”
- Section “1677b(c) merely requires the use of the ‘best available information’ with respect to the valuation of a given factor of production; it does not require that a uniform methodology be used in the valuation of all relevant factors.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Rich, Newman, Lourie
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.