669 F.2d 577 (9th Cir. 1982), 81-1604, United States v. Teraoka

Docket Nº:81-1604.
Citation:669 F.2d 577
Party Name:UNITED STATES of America, Plaintiff-Appellant, v. Takeo TERAOKA, Defendant-Appellee.
Case Date:May 24, 1982
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit

Page 577

669 F.2d 577 (9th Cir. 1982)

UNITED STATES of America, Plaintiff-Appellant,


Takeo TERAOKA, Defendant-Appellee.

No. 81-1604.

United States Court of Appeals, Ninth Circuit

May 24, 1982

Argued and Submitted Dec. 17, 1981.

Rehearing Denied .

Herbert B. Hoffman, Sp. Asst. U. S. Atty., San Francisco, Cal., for the U. S.

Page 578

James J. Brosnahan, Morrison & Foerster, San Francisco, Cal., argued, for defendant-appellee; Michael Brooks Carroll, Morrison & Foerster, San Francisco, Cal., on brief.

Appeal from the United States District Court for the Northern District of California.

Before MERRILL and WRIGHT, Circuit Judges, and EAST, [*] District Judge.

MERRILL, Circuit Judge.

The United States has taken this appeal from order of the district court dismissing an indictment against Appellee Takeo Teraoka charging him with entering merchandise into the United States by means of a false statement in violation of 18 U.S.C. § 542. 1 The district court ruled that the alleged false statements were not material in that the merchandise had not been entered "by means of" such statements and that the indictment accordingly did not state a violation of § 542. The question presented is whether the court erred in so ruling. We hold that it did not. 2

Under the Antidumping Act, 19 U.S.C. § 160 et seq., as amended, 19 U.S.C. §§ 1673-1677, whenever the Secretary of the Treasury determines that a class or kind of foreign merchandise is being or is likely to be sold in the United States at less than its fair value, he shall so advise the United States International Trade Commission which shall then determine whether an industry in the United States is being or is likely to be injured by such importation and report its determination to the Secretary. The Secretary thereupon makes findings as to such sale and such injury. 19 U.S.C. § 160. If the Secretary finds that the purchase price or foreign sales price of the merchandise is less than its foreign market value, a special dumping assessment must be levied and collected in an amount equal to the difference. 19 U.S.C. § 161. This special duty is treated in all respects as a regular customs duty. 19 U.S.C. § 170.

To assist in implementing the Act as to imports of steel, the Secretary has established a "trigger price mechanism" (TPM) program. 43 Fed.Reg. 6065 (1978). A trigger price is the price...

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