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

How courts have described this case

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

• explaining that the presumption of government control applies to NME respondents in the absence of reliable rebutting evidence
• describing facts very similar to those alleged in this case, and characterizing the plaintiffs claim as a challenge to the legality of subjecting non-individually named exporters to the results of administrative reviews through the doctrine of conditional coverage
• upholding the invocation of conditional coverage provision where those named exporters who failed to demonstrate entitlement to separate rate status had failed to provide information to Commerce, and thus had been assessed a PRC-wide rate based on facts available
• affirming the CIT’s decision to sustain Commerce’s separate rate NME procedure
• “Under the NME presumption, a company that fails to démonstrate independence from the NME entity is subject to the countrywide rate....”
• constructive notice of initiation was sufficient to give reasonable notice of review and accordingly constitutional due process requirements were satisfied

Source: CourtListener parenthetical corpus (CC0).