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· 5/20/2013

Yangzhou Bestpak Gifts & Crafts Co. v. United States

Citations

  • 716 F.3d 1370
  • 2013 WL 2150836
  • 35 I.T.R.D. (BNA) 1295
  • 2013 U.S. App. LEXIS 10008

How courts have described this case

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

  • holding that the agency may not base its determination on “mere conjecture or supposition”
  • recognizing that § 1673d does not apply to NME proceedings
  • explaining that an agency’s interpretation need only represent a “reasonable construction of the statute,” not necessarily “the most reasonable interpretation”
  • stating that “[a]n overriding purpose of Commerce’s administration of antidumping laws is to calculate dumping margins as accurately as possible”
  • noting that 19 U.S.C. §1673d(c)(5)(B) and the Statement of Administrative Action accompanying the Uruguay Round Agreements Act, H.R. Doc. No. 103 316 (1994
  • noting that in the NME context, “[t]he separate rate for eligible non-mandatory respondents is generally calculated following the statutory method for determining the ‘all others rate’ under [19 U.S.C.] § 1673d(c)(5)(A)”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rader, Mayer, Prost

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.