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· 3/12/1990

The Timken Company v. The United States, and China National MacHinery and Equipment Import and Export Corporation

Citations

  • 893 F.2d 337

How courts have described this case

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

  • holding that “an appealed CIT decision is not a ‘final court decision’ within the plain meaning of § 1516a(e)”
  • holding that, under § 1516a(e), Commerce must publish notice of a court decision that is “not in harmony” with the agency’s determination and must suspend liquidation of subsequent entries pending a “conclusive” court decision
  • noting that this concern does not apply to publishing federal register notices
  • affirming grant of importer’s application for a writ of mandamus forcing Commerce to publish notice of court decision
  • explaining that 19 U.S.C. § 1516a(c)(1
  • “It follows that if a word is used in one phrase but omitted in another, the two phrases are intended to mean something different.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Markey, Rich, Dumbauld

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.