Koenig & Bauer-Albert AG v. United States’s Empirical Analysis

Citation profile

1 federal appellate ·

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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Commerce may consider other types of sales or transactions to be outside the ordinary course of trade when such sales or transactions have characteristics that are not ordinary as compared to sales or transactions generally made in the same market. Examples of such sales or transactions include merchandise produced according to unusual product specifications! or] merchandise sold at aberrational prices. [Section 1677(15) ] does not establish an exhaustive list, but [Commerce is given discretion to] interpret section 1677(15) in a manner which will avoid basing [NV] on sales which are extraordinary for the market in question, particularly when the use of such sales would lead to irrational or unrepresentative results.”

   3 later decisions quote this exact passage · from the concurrence
   e.g. 245 F. Supp. 2d 1335 - Nsk Ltd. v. United States · United States Steel Corp. v. United States

2. “examined the record with respect to NTN’s alleged home market sample sales to determine if these sales qualify for such an exclusion. In its original questionnaire response, NTN only states that “samples are provided to customers for the purpose of allowing the customer to determine whether a particular product is suited to the customer’s needs” and that “the purpose ... would not be the same as those purchased in the normal course of trade.... ” In its ... supplemental response, NTN did not provide additional information to demonstrate clearly that its alleged sample sales are outside the ordinary course of trade. The mere fact that a respondent identified sales as samples does not necessarily render such sales outside the ordinary course of trade[] ... For these reasons, [Commerce] disagreed] with NTN that its home market sample sales should be excluded from [the] margin calculations....”

   1 later decision quote this exact passage · from the concurrence
   e.g. 245 F. Supp. 2d 1335 - Nsk Ltd. v. United States

3. “[t]he term “ordinary course of trade” means the conditions and practices which, for a reasonable time prior to the exportation of the subject merchandise, have been normal in the trade under consideration with respect to merchandise of the same class or kind. [Commerce] shall consider the following sales and transactions, among others, to be outside the ordinary course of trade: ... [s]ales disregarded under [19 U.S.C. § ] 1677b(b)(l) [ (1994) ]....”

   1 later decision quote this exact passage · from the concurrence
   e.g. 217 F. Supp. 2d 1291 - NSK Ltd. v. United States