Peer Bearing Company-Changshan 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.

• explaining that the Department “must provide a rational explanation for its choice”
• remanding for Commerce to address price disparities when its surrogate value was about three times higher than other values on the record from economically comparable countries
• remanding Commerce’s choice of a surrogate value four times higher than the others on record, and remanding a different surrogate value when it was 60% higher than the rest
• rejecting the Government's argument that U.S. data was unhelpful for benchmarking purposes and noting that it corroborated information from economically comparable countries that also suggested the selected value was aberrational
• “[T]he statute requires Commerce to compare the chosen data set with other data sets on the record and thereby determine what is the best available information.”
• “because the statute requires Commerce to compare the chosen data set with other data sets on the record and thereby determine what is the best available information, the regulatory preference cannot suffice as adequate reasoning if it is the only factor that Commerce considers”

Source: CourtListener parenthetical corpus (CC0).