KYD, Inc. v. United States’s Empirical Analysis
607 F.3d 760 · 2010
Citation profile
10 federal appellate ·
Relationships
Applies 19 U.S.C. § 1673E (Tariff Act of 1930) · 19 U.S.C. § 1673G (Tariff Act of 1930) · 19 U.S.C. § 1675 (Tariff Act of 1930) · 19 U.S.C. § 1677 (Tariff Act of 1930) · 19 U.S.C. § 1677E (Tariff Act of 1930)
Relies on Exxon Shipping Co. v. Baker · Rhone Poulenc Inc Sa v. United States Pq · Ntn Bearing Corporation v. United States · Ta Chen Stainless Steel Pipe, Inc. v. United States · Gallant Ocean (Thailand) Co. v. United States
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“antidumping laws “are remedial not punitive,” ... an antidumping rate based on AFA is designed “to provide respondents with an incentive to cooperate, not to impose punitive ... margins,” De Cecco [v. United States ], 216 F.3d [1027] at 1032 [ (Fed.Cir.2000) ]. For that reason, an AFA dumping margin determined in accordance with the statutory requirements is not a punitive measure, and the limitations applicable to punitive damages assessments therefore have no pertinence to duties imposed based on lawfully derived margins such as the margin at issue in this case.”
1 later decision quote this exact passage · from the majority“the presumption that an exporter's prior margin continues to be valid if the exporter fails to cooperate in a subsequent proceeding”). 65 . See also supra note 43 (explaining CON-NUM-specific margins). 66 . See supra note 48 (discussing the volume of subject merchandise sold by Red Garden at or exceeding a 112.81 percent dumping margin). 67 . See Certain Frozen and Canned Warmwater Shrimp from the People’s Republic of China, 69 Fed.Reg. 70,997, 71,003 (Dep't Commerce Dec. 8, 2004) (notice of final determination of sales at less than fair value) (”
1 later decision quote this exact passage · from the majority“it reflects a common sense inference that the highest prior margin is the most probative evidence of current margins because, if it were not so, the importer, knowing of the rule, would have produced current information showing the margin to be less.”
1 later decision quote this exact passage · from the concurrence
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.