Timken Co. v. United States’s Empirical Analysis
2001
Citation profile
Relationships
Applies 19 U.S.C. § 1516A (Tariff Act of 1930) · 19 U.S.C. § 1677 (Tariff Act of 1930) · 19 U.S.C. § 1677A (Tariff Act of 1930) · 19 U.S.C. § 1677B (Tariff Act of 1930) · 28 U.S.C. § 1581
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Universal Camera Corp. v. National Labor Relations Board · Consolidated Edison Co of New York v. National Labor Relations Board · Abbott Laboratories v. Gardner · Skidmore v. Swift & Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“broad discretion to determine the 'best available information' in a reasonable manner on a case-by-case basis.”
2 later decisions quote this exact passage“Although the Court in Olympia [1999] did address the use of trading company import prices, the Court reviewed [Commerce’s] reliance on traditional surrogate values over trading company prices in that case. Therefore, the Court in Olympia [1999] did not reach the issue of whether § 1677b(c)(4) requires [Commerce] to value factors of production ‘to the extent possible’ based on values in one or more market economy countries that are at a level of economic development comparable to that of the nonmarket economy country, and significant producers of the subject merchandise before resort to 'alternative surrogate' trading company import prices.”
1 later decision quote this exact passage“Commerce values as many FOPs as possible using information obtained from the “primary” surrogate country, that is, the country that Commerce considers to be most comparable in economic terms to the NME country being investigated, and that also produces merchandise comparable to the subject merchandise. * * * Additionally, if Commerce determines that suitable values cannot be obtained from the data of the primary surrogate country, Commerce resorts to the data from the second, and sometimes the third, surrogate. * * *”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.