Steel Authority of India, Ltd. v. United States (2001)
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· 51 citation events
across 2 courts.
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Id. at 928-29 (upholding use of total facts available where all of the manufacturer’s submitted data exhibited pervasive and persistent deficiencies that cut across all aspects of the data).
upholding use of total facts available where all of the manufacturer’s submitted data exhibited pervasive and persistent deficiencies that cut across all aspects of the data
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Papierfabrik August Koehler SE v. United States (2014)
The Court recognized that “if [Commerce] were forced to use the partial information submitted by respondents, interested parties would be able to manipulate the process by submitting only beneficial information.” Steel Auth., 25 CIT at 487, 149 F.Supp.2d at 928.
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Washington Int'l Ins. Co. v. United States (2010)
Redetermination at 4 (accurate information is required to make a reliable determination and “pervasive deficiencies in portions of information submitted can undermine the reliability of a respondent’s submissions”) (referencing Steel Authority of India, Ltd. v. United States, 25 CIT 482 , 486-87, 149 F. Supp. 2d 921, 928 (2001)).
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Washington International Insurance v. United States (2010)
Redetermination at 4 (accurate information is required to make a reliable determination and “pervasive deficiencies in portions of information submitted can undermine the reliability of a respondent’s submissions”) (referencing Steel Authority of India, Ltd. v. United States, 25 CIT 482 , 486-87, 149 F. Supp. 2d 921, 928 (2001)).
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China Steel Corp. v. United States (2003)
Otherwise, “the Department’s decision-making process will be arbitrary and capricious.” Steel Auth. of India, Ltd. v. United States, 25 CIT -, -, 149 F.Supp.2d 921 , 929 (2001). 19 In making its determination that an interested party did not act “‘to the best of its ability,’ [Commerce] cannot merely recite the relevant standard or repeat its facts available finding.” Steel Auth. of India, Ltd., 25 CIT at-, 149 F.Supp.2d at 930 (internal citation omitted); see also Kawasaki …
internal citation omitted
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Reiner Brach GmbH & Co. KG v. United States (2002)
Rather, in order *1337 to satisfy its statutory obligations, [Commerce] must be explicit in its reason for applying adverse inferences.” Steel Auth. of India, Ltd., 149 F.Supp.2d at 930 (internal citations omitted).
internal citations omitted
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Branco Peres Citrus, S.A. v. United States (2001)
Nippon Steel I, 24 CIT at -, 118 F.Supp.2d at 1378-79 (internal citation omitted); accord Steel Auth. of India, Ltd. v. United States, 25 CIT -, -, 149 F.Supp.2d 921 , 930 (2001).
“Past participation may be relevant to notice, knowledge and reliance issues.”
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Nat'l Nail Corp. v. United States (2019)
See Steel Auth. of India, Ltd. v. United States , 25 C.I.T. 482 , 488, 149 F. Supp. 2d 921 , 930 (2001) (citing Borden, Inc. v. United States , 22 C.I.T. 233 , 261, 4 F. Supp. 2d 1221 , 1246 (1998) ("In making its determination that an interested party did not act 'to the best of its ability,' the Department cannot merely recite the relevant standard or repeat its facts available finding.
citing Borden, Inc. v. United States , 22 C.I.T. 233 , 261, 4 F. Supp. 2d 1221 , 1246 (1998
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Kyd, Inc. v. United States (2011)
See Steel Auth. of India, Ltd. v. United States, 25 CIT 482 , 487, 149 F.Supp.2d 921 (2001) (“SAIL”).
“SAIL”
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Carpenter Technology Corp. v. United States (2010)
After making this finding, Commerce “may” employ AFA against the party if the agency makes a separate finding that the “party has failed to cooperate by not acting to the best of its ability to comply with a request for information.” § 1677e(b) (emphasis added); accord Steel Auth. of India, Ltd. v. United States, 25 CIT 482 , 488, 149 F. Supp. 2d 921 , 929 (2001).