Notes of Decisions
Tri Union Frozen Prods., Inc. v. United States, 163 F. Supp. 3d 1255 (Ct. Intl. Trade 2016).
· cites it 18× “Quoc Viet contends that “Commerce failed to apply the appropriate legal standard under 19 U.S.C. § 1677m in determining whether individual examination of Quoc Viet as a voluntary respondent would have been unduly burdensome and would have inhibited the timely completion of the…”
Hung Vuong Corp. v. United States, 2020 CIT 174 (Ct. Intl. Trade 2020).
· cites it 16× “Hung Vuong spends roughly 38 Section 1677e(a)(2)(B) requires Commerce to use facts otherwise available when an interested party “fails to pro- vide such information [requested by Commerce] by the deadlines for submission of the information or in the form and manner requested,…”
NTN Bearing Corp. of Am. v. United States, 186 F. Supp. 2d 1257 (Ct. Intl. Trade 2002).
· cites it 21× “In addition, Commerce may use facts available where an interested party or any other person: (1) withholds information that has been requested by Commerce; (2) fails to provide the requested information by the requested date or in the form and manner requested, subject to 19…”
China Kingdom Imp. & Exp. Co. v. United States, 507 F. Supp. 2d 1337 (Ct. Intl. Trade 2007).
· cites it 20× “Commerce Erred in Concluding that 19 U.S.C. § 1677m(d) Did Not Apply Because China Kingdom, Not Commerce, Discovered the Error in the Originally-Submitted Daxin Information The valid determination by Commerce that China Kingdom’s August 8, 2002 submission of the substitute Daxin…”
Gerber Food (Yunnan) Co., Ltd. v. United States, 387 F. Supp. 2d 1270 (Ct. Intl. Trade 2005).
· cites it 10× “In subjecting the use of “facts otherwise available” to 19 U.S.C. § 1677m(d), the statute applies a procedure when Commerce determines that a response 'to a request for information does not comply with the request.”
Nat'l Nail Corp. v. United States, 390 F. Supp. 3d 1356 (Ct. Intl. Trade 2019).
· cites it 12× “in the form and manner requested, subject to [ 19 U.S.C. § 1677m(c)(1) 24 and (e) 25 ]," or "significantly impedes" a proceeding, the statute provides that Commerce "shall, subject to [ 19 U.”
Borden, Inc. v. United States, 4 F. Supp. 2d 1221 (Ct. Intl. Trade 1998).
· cites it 11× “nformation is not available on the record, or (2) an interested party or any other person - (A) withholds information that has been requested by the administering authority or the Commission under this subtitle, (B) fails to provide such information by the deadlines for…”
Deacero S.A.P.I. De C v. v. United States, 2018 CIT 155 (Ct. Intl. Trade 2018).
· cites it 14× “See 19 U.S.C. § 1677m(d). If a party is provided with an opportunity to comply and does so, Commerce may nevertheless "disregard all or part of the original and subsequent responses" if it determines that the information provided is not satisfactory or untimely, subject to 19 U.”
Taian Ziyang Food Co., Ltd. v. United States, 637 F. Supp. 2d 1093 (Ct. Intl. Trade 2009).
· cites it 12× “mation is not available on the record, or (2) an interested party or any other person— (A) withholds information that has been requested by the administering authority or the Commission under this title, (B) fails to provide such information by the deadlines for submission of…”
NTN Bearing Corp. of Am. v. United States, 155 F. Supp. 2d 715 (Ct. Intl. Trade 2001).
· cites it 14× “In addition, Commerce may use facts available where an interested party or any other person: (1) withholds information that has been requested by Commerce; (2) fails to provide the requested information by the requested date or in the form and manner requested, subject to 19…”
ABB Inc. v. United States, 355 F. Supp. 3d 1206 (Ct. Intl. Trade 2018).
· cites it 6× “Moreover, Hyundai argues that Commerce failed to comply with the statutory requirements of 19 U.S.C. § 1677m(d) because it failed to notify Hyundai of any deficiencies in its reporting or provide it an opportunity to cure those deficiencies.”
— 19 U.S.C. § 1677m(I) — 1 case
— 19 U.S.C. § 1677m(a) — 36 cases
Tri Union Frozen Prods., Inc. v. United States, 163 F. Supp. 3d 1255 (Ct. Intl. Trade 2016).
“Quoc Viet contends that “Commerce failed to apply the appropriate legal standard under 19 U.S.C. § 1677m in determining whether individual examination of Quoc Viet as a voluntary respondent would have been unduly burdensome and would have inhibited the timely completion of the…”
— 19 U.S.C. § 1677m(a)(1) — 3 cases
— 19 U.S.C. § 1677m(a)(1)(A) — 2 cases
— 19 U.S.C. § 1677m(a)(1)(B) — 2 cases
Hung Vuong Corp. v. United States, 2020 CIT 174 (Ct. Intl. Trade 2020).
“Hung Vuong spends roughly 38 Section 1677e(a)(2)(B) requires Commerce to use facts otherwise available when an interested party “fails to pro- vide such information [requested by Commerce] by the deadlines for submission of the information or in the form and manner requested,…”
— 19 U.S.C. § 1677m(a)(2) — 9 cases
Tri Union Frozen Prods., Inc. v. United States, 163 F. Supp. 3d 1255 (Ct. Intl. Trade 2016).
“Quoc Viet contends that “Commerce failed to apply the appropriate legal standard under 19 U.S.C. § 1677m in determining whether individual examination of Quoc Viet as a voluntary respondent would have been unduly burdensome and would have inhibited the timely completion of the…”
— 19 U.S.C. § 1677m(a)(2)(B) — 1 case
— 19 U.S.C. § 1677m(a)(2)(c) — 1 case
— 19 U.S.C. § 1677m(a)(l) — 3 cases
— 19 U.S.C. § 1677m(a)(l)(A) — 1 case
— 19 U.S.C. § 1677m(b) — 1 case
— 19 U.S.C. § 1677m(c) — 17 cases
— 19 U.S.C. § 1677m(c)(1) — 16 cases
Nat'l Nail Corp. v. United States, 390 F. Supp. 3d 1356 (Ct. Intl. Trade 2019).
“in the form and manner requested, subject to [ 19 U.S.C. § 1677m(c)(1) 24 and (e) 25 ]," or "significantly impedes" a proceeding, the statute provides that Commerce "shall, subject to [ 19 U.”
Hung Vuong Corp. v. United States, 2020 CIT 174 (Ct. Intl. Trade 2020).
“Hung Vuong spends roughly 38 Section 1677e(a)(2)(B) requires Commerce to use facts otherwise available when an interested party “fails to pro- vide such information [requested by Commerce] by the deadlines for submission of the information or in the form and manner requested,…”
— 19 U.S.C. § 1677m(c)(1)(1994) — 1 case
— 19 U.S.C. § 1677m(c)(2) — 6 cases
— 19 U.S.C. § 1677m(c)(l) — 29 cases
— 19 U.S.C. § 1677m(d) — 214 cases
Hung Vuong Corp. v. United States, 2020 CIT 174 (Ct. Intl. Trade 2020).
“Hung Vuong spends roughly 38 Section 1677e(a)(2)(B) requires Commerce to use facts otherwise available when an interested party “fails to pro- vide such information [requested by Commerce] by the deadlines for submission of the information or in the form and manner requested,…”
China Kingdom Imp. & Exp. Co. v. United States, 507 F. Supp. 2d 1337 (Ct. Intl. Trade 2007).
“Commerce Erred in Concluding that 19 U.S.C. § 1677m(d) Did Not Apply Because China Kingdom, Not Commerce, Discovered the Error in the Originally-Submitted Daxin Information The valid determination by Commerce that China Kingdom’s August 8, 2002 submission of the substitute Daxin…”
ABB Inc. v. United States, 355 F. Supp. 3d 1206 (Ct. Intl. Trade 2018).
“Moreover, Hyundai argues that Commerce failed to comply with the statutory requirements of 19 U.S.C. § 1677m(d) because it failed to notify Hyundai of any deficiencies in its reporting or provide it an opportunity to cure those deficiencies.”
Deacero S.A.P.I. De C v. v. United States, 2018 CIT 155 (Ct. Intl. Trade 2018).
“See 19 U.S.C. § 1677m(d). If a party is provided with an opportunity to comply and does so, Commerce may nevertheless "disregard all or part of the original and subsequent responses" if it determines that the information provided is not satisfactory or untimely, subject to 19 U.”
— 19 U.S.C. § 1677m(d)(1) — 1 case
— 19 U.S.C. § 1677m(d)(1994) — 1 case
NTN Bearing Corp. of Am. v. United States, 186 F. Supp. 2d 1257 (Ct. Intl. Trade 2002).
“In addition, Commerce may use facts available where an interested party or any other person: (1) withholds information that has been requested by Commerce; (2) fails to provide the requested information by the requested date or in the form and manner requested, subject to 19…”
— 19 U.S.C. § 1677m(d)(1999) — 1 case
— 19 U.S.C. § 1677m(d)(2) — 2 cases
— 19 U.S.C. § 1677m(d)(l) — 1 case
China Kingdom Imp. & Exp. Co. v. United States, 507 F. Supp. 2d 1337 (Ct. Intl. Trade 2007).
“Commerce Erred in Concluding that 19 U.S.C. § 1677m(d) Did Not Apply Because China Kingdom, Not Commerce, Discovered the Error in the Originally-Submitted Daxin Information The valid determination by Commerce that China Kingdom’s August 8, 2002 submission of the substitute Daxin…”
— 19 U.S.C. § 1677m(e) — 106 cases
Gerber Food (Yunnan) Co., Ltd. v. United States, 387 F. Supp. 2d 1270 (Ct. Intl. Trade 2005).
“In subjecting the use of “facts otherwise available” to 19 U.S.C. § 1677m(d), the statute applies a procedure when Commerce determines that a response 'to a request for information does not comply with the request.”
NTN Bearing Corp. of Am. v. United States, 186 F. Supp. 2d 1257 (Ct. Intl. Trade 2002).
“In addition, Commerce may use facts available where an interested party or any other person: (1) withholds information that has been requested by Commerce; (2) fails to provide the requested information by the requested date or in the form and manner requested, subject to 19…”
— 19 U.S.C. § 1677m(e)(1) — 3 cases
Hung Vuong Corp. v. United States, 2020 CIT 174 (Ct. Intl. Trade 2020).
“Hung Vuong spends roughly 38 Section 1677e(a)(2)(B) requires Commerce to use facts otherwise available when an interested party “fails to pro- vide such information [requested by Commerce] by the deadlines for submission of the information or in the form and manner requested,…”
Nat'l Nail Corp. v. United States, 390 F. Supp. 3d 1356 (Ct. Intl. Trade 2019).
“in the form and manner requested, subject to [ 19 U.S.C. § 1677m(c)(1) 24 and (e) 25 ]," or "significantly impedes" a proceeding, the statute provides that Commerce "shall, subject to [ 19 U.”
— 19 U.S.C. § 1677m(e)(1994) — 1 case
— 19 U.S.C. § 1677m(e)(2) — 12 cases
Gerber Food (Yunnan) Co., Ltd. v. United States, 387 F. Supp. 2d 1270 (Ct. Intl. Trade 2005).
“In subjecting the use of “facts otherwise available” to 19 U.S.C. § 1677m(d), the statute applies a procedure when Commerce determines that a response 'to a request for information does not comply with the request.”
NTN Bearing Corp. of Am. v. United States, 186 F. Supp. 2d 1257 (Ct. Intl. Trade 2002).
“In addition, Commerce may use facts available where an interested party or any other person: (1) withholds information that has been requested by Commerce; (2) fails to provide the requested information by the requested date or in the form and manner requested, subject to 19…”
— 19 U.S.C. § 1677m(e)(3) — 18 cases
NTN Bearing Corp. of Am. v. United States, 186 F. Supp. 2d 1257 (Ct. Intl. Trade 2002).
“In addition, Commerce may use facts available where an interested party or any other person: (1) withholds information that has been requested by Commerce; (2) fails to provide the requested information by the requested date or in the form and manner requested, subject to 19…”
— 19 U.S.C. § 1677m(e)(4) — 10 cases
NTN Bearing Corp. of Am. v. United States, 186 F. Supp. 2d 1257 (Ct. Intl. Trade 2002).
“In addition, Commerce may use facts available where an interested party or any other person: (1) withholds information that has been requested by Commerce; (2) fails to provide the requested information by the requested date or in the form and manner requested, subject to 19…”
— 19 U.S.C. § 1677m(e)(5) — 2 cases
NTN Bearing Corp. of Am. v. United States, 186 F. Supp. 2d 1257 (Ct. Intl. Trade 2002).
“In addition, Commerce may use facts available where an interested party or any other person: (1) withholds information that has been requested by Commerce; (2) fails to provide the requested information by the requested date or in the form and manner requested, subject to 19…”
— 19 U.S.C. § 1677m(e)(8) — 1 case
— 19 U.S.C. § 1677m(e)(l) — 9 cases
NTN Bearing Corp. of Am. v. United States, 186 F. Supp. 2d 1257 (Ct. Intl. Trade 2002).
“In addition, Commerce may use facts available where an interested party or any other person: (1) withholds information that has been requested by Commerce; (2) fails to provide the requested information by the requested date or in the form and manner requested, subject to 19…”
— 19 U.S.C. § 1677m(f) — 2 cases
— 19 U.S.C. § 1677m(g) — 47 cases
Tri Union Frozen Prods., Inc. v. United States, 163 F. Supp. 3d 1255 (Ct. Intl. Trade 2016).
“Quoc Viet contends that “Commerce failed to apply the appropriate legal standard under 19 U.S.C. § 1677m in determining whether individual examination of Quoc Viet as a voluntary respondent would have been unduly burdensome and would have inhibited the timely completion of the…”
— 19 U.S.C. § 1677m(g)(1999) — 1 case
— 19 U.S.C. § 1677m(h)(2) — 1 case
— 19 U.S.C. § 1677m(i) — 68 cases
Taian Ziyang Food Co., Ltd. v. United States, 637 F. Supp. 2d 1093 (Ct. Intl. Trade 2009).
“mation is not available on the record, or (2) an interested party or any other person— (A) withholds information that has been requested by the administering authority or the Commission under this title, (B) fails to provide such information by the deadlines for submission of…”
NTN Bearing Corp. of Am. v. United States, 186 F. Supp. 2d 1257 (Ct. Intl. Trade 2002).
“In addition, Commerce may use facts available where an interested party or any other person: (1) withholds information that has been requested by Commerce; (2) fails to provide the requested information by the requested date or in the form and manner requested, subject to 19…”
— 19 U.S.C. § 1677m(i)(1) — 16 cases
— 19 U.S.C. § 1677m(i)(1994) — 1 case
— 19 U.S.C. § 1677m(i)(2) — 3 cases
— 19 U.S.C. § 1677m(i)(3) — 13 cases
— 19 U.S.C. § 1677m(i)(3)(A) — 1 case
— 19 U.S.C. § 1677m(i)(l) — 12 cases
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