Shakeproof Assembly Components v. United States, (2000)

Extract

---

Shakeproof Assembly Components v. United States, (2000)

PAGE: 1

UNITED STATES COURT OF INTERNATIONAL TRADE __________________________________________

SHAKEPROOF ASSEMBLY COMPONENTS : DIVISION OF ILLINOIS TOOL WORKS, INC.,

:

Plaintiff, Court No. 97-12-02066

: Before: Barzilay, Judge

v.

:

UNITED STATES,

:

Defendant.

: __________________________________________ [Final results of redetermination on remand sustained.] Decided: June 9, 2000 Creskoff & Doram, L.L.P. (Stephen M. Creskoff, Robert T. Hume, Lisa E. Smilan) for Plaintiff. David W. Ogden, Acting Assistant Attorney General, David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (Lucius B. Lau), Robert E. Nielsen, Senior Attorney, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of counsel, for Defendant.

OPINION

BARZILAY, JUDGE:

I. Background

This case provides another chapter in the evolution of methods for determining normal value in cases where dumping has been alleged for products manufactured in nonmarket economies.11Normal value in market economy cases is generally the price at which the foreign product is first sold in the exporting country. See 19 U.S.C. § 1677b(a)(1)(B)(i) (1994). However, in nonmarket economies the statute directs the Department of Commerce ("Commerce") to value the merchandise on the basis of the factors of production. See 19 U.S.C. § 1677b(c) (1994). The export price (or constructed export price) is generally the price of the merchandise at importation after certain statutory

PAGE: 2

Before the Court is Commerce's Final Results of Redetermination On Remand Pursuant to Shakeproof Assembly Components Division of Illinois Tool Works, Inc. v. United States, Court No. 97-12-02066 ("Remand Determination"). Shakeproof Assembly Components ("Shakep...

See the full content of this document

---