Nec Home Electronics, Ltd. And Nec Technologies, Inc. v. The United States, and Zenith Electronics Corporation

How courts have described this case

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

• holding that burden imposed to prove a level of trade adjustment was unreasonable because claimant could, under no practical circumstances, meet the burden
• holding that burden imposed to prove a LOT adjustment was unreasonable because claimant could, under no practical circumstances, meet the burden
• recognizing Commerce’s practice in the context of pre-URAA statute and regulations
• ordering Commerce to reopen record to include and consider expert affidavit submitted after publication of preliminary determination and remanding determination
• “The ITA should consider whether either of these methods of computing a level-of-trade adjustment [offered by respondents] is satisfactory.”
• imposing impossible burden represents an abuse of ITA’s discretion

Source: CourtListener parenthetical corpus (CC0).