Thai Pineapple Canning Industry Corp. v. United States’s Empirical Analysis

Citation profile

7 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Once Commerce makes a preliminary determination that merchandise is being sold in the United States at less than fair value, Commerce orders the posting of a cash deposit or bond for each entry of merchandise at a rate based on the preliminary estimated dumping margin. 19 U.S.C. § 1673b(d)(l)(B) (1994). After Commerce makes a final determination that the subject merchandise is being sold at less than fair value, id. § 1673d(a), and the International Trade Commission makes a final determination that an industry is materially injured, id. § 1673d(b), Commerce publishes an antidumping order with a new assessment rate based on the dumping margin determined during Commerce’s investigation. Id. § 1673e(a). For entries of merchandise after Commerce’s affirmative preliminary determination and before the Commission’s affirmative injury determination, if the deposit of estimated duty under § 1673b(d)(l)(B) is higher than the duty under the anti-dumping order, the difference is refunded. 19 U.S.C. § 1673f(a) (Supp. V 1999). On the other hand, if the deposit is lower than the duty under the order, the difference is disregarded. Id. That is, the preliminary estimated duty acts as a “cap” on the duty that can be collected for entries made between the date of Commerce?s preliminary determination and the date of the Commission’s injury determination, often referred to as the “cap period.””

   1 later decision quote this exact passage · from the majority
   e.g. 659 F. Supp. 2d 1290 - Padilla v. United States

2. “an amount equal to the sum of— (A) the cost of materials and of fabrication or other processing of any kind employed in producing the foreign like product, during a period which would ordinarily permit the production of that foreign like product in the ordinary course of business; (B) an amount for [SG & A] based on actual data pertaining to production and sales, of the foreign like product by the exporter in question; and (C) the cost of all containers and coverings of whatever nature, and all other expenses incidental to placing the foreign like product in condition packed ready for shipment.”

   1 later decision quote this exact passage · from the majority
   e.g. Dongbu Steel Co. v. United States