· 7/7/1997
Federal Case
Citations
- 117 F.3d 1401
- 19 I.T.R.D. (BNA) 1353
- 1997 U.S. App. LEXIS 16506
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that Commerce properly places the burden of demonstrating lack of state control on exporters because they have the best access to pertinent information
- allowing Commerce discretion to determine what evidence is sufficient to overcome the presumption of state-control
- finding, problematic the rationale that a casting producer in the surrogate country would choose to pay the highest combination of prices for pig iron plus-freight
- upholding Commerce’s application of a rebuttable presumption of state control in NME proceedings
- Commerce's decision to place the burden on exporters is justified because exporters have best access to information
- “[T]he process of constructing foreign market value for a producer in a nonmarket economy country is difficult and necessarily imprecise . .. .”
Source: CourtListener parenthetical corpus (CC0).
Sourced 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.