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· 6/16/1999

Transcom, Inc., and L & S Bearing Company v. Unite States, and the Timken Company

Citations

  • 182 F.3d 876
  • 21 I.T.R.D. (BNA) 1193
  • 1999 U.S. App. LEXIS 13335
  • 1999 WL 395989

How courts have described this case

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

  • holding that due process, by itself, does not require Commerce to provide notice to every party so long as Commerce follows its clearly stated rules on where and when it will provide notice
  • stating that (a) “it would be inappropriate for the government to ‘resort[ ] to BIA for companies which were not specifically listed in the [N]otice of [I]nitiation and not issued their own questionnaires,’ since those parties would have had ‘no actual or constructive notice’ ” ; and (b
  • \Transcom had no reason to expect that the antidumping duties on its exporters' products could be affected by proceedings in which the exporters were not named as parties.\
  • “we recognized that the presumption is rebuttable, and that a party that is subject to the presumption has a right to attempt to rebut it.”
  • “[A] party that is subject to the presumption has a right to attempt to rebut it.”
  • “Transcom had no reason to expect that the antidumping duties on its exporters’ products could be affected by proceedings in which the exporters were not named as parties.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Plager, Rader, Bryson

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.