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· 6/4/1991

Tehnoimportexport v. United States

Citations

  • 766 F. Supp. 1169
  • 15 Ct. Int'l Trade 250
  • 15 C.I.T. 250
  • 13 I.T.R.D. (BNA) 1505
  • 1991 Ct. Intl. Trade LEXIS 175

How courts have described this case

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

  • holding that Commerce has no obligation to notify the parties beforehand that Commerce had chosen a surrogate country different from that designated in the initial determination
  • holding that Commerce had no obligation to notify the parties beforehand that it had chosen a different surrogate country for the final determination than it used in the initial determination
  • explaining that where a plaintiffs mistake was obvious, the government’s failure to correct it was an abuse of discretion
  • holding that “if the error [in ITA’s calculations] was so egregious and so obvious that the failure to correct it was an abuse of discretion and undermined the interests of justice, the Court may remand the case to the ITA for adjustment of calculations”
  • explaining that the statutory mandate is simply to ensure that the surrogate country is a comparable economy, not the most comparable economy
  • holding that “if the error [in ITA’s calculations] was so egregious and so obvious that the failure to correct it was an abuse of discretion and undermined the interests of justice, the Court may remand the case to the ITA for adjustment of calculations”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tsoucalas

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.