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· 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).

Read full opinion on CourtListener

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.