Legal Opinion

Marine Harvest (Chile) S.A. v. United States

United States Court of International Trade

Decided October 31, 2002No. SLIP.OP. 02-134; 01-00808PublishedCited by 6 opinions

1Opinion of the Court

OPINION

BARZILAY, Judge.

I. Introduction

This case challenges an agency action taken within the purview of the United States antidumping laws and presents the court with a clear example of a case in which the facts compel the result. Two entities, now merged into one company, exported fresh Atlantic salmon from Chile to the United States. Despite the fact that only one of the companies was ever found to be selling its goods at less than fair value 1 and even so at almost de min-imis margins 2 and, further, for only one of the three examined periods, the merged company now has been forced to…

2Cases cited20 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  3. United States v. Mead Corp.Supreme Court of the United States · 2001
  4. Louisiana Pub. Serv. Comm'n v. FCCSupreme Court of the United States · 1986
  5. Japan Whaling Ass'n v. American Cetacean SocietySupreme Court of the United States · 1986

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3Cited by6 opinions

  1. Hontex Enterprises, Inc. v. United StatesUnited States Court of International Trade · 2003
  2. Slater Steels Corp. v. United StatesUnited States Court of International Trade · 2004
  3. Hontex Enterprises, Inc. v. United StatesUnited States Court of International Trade · 2005
  4. Comm. Overseeing Action for Lumber Int'l Trade Investigations or Negotiations v. United StatesUnited States Court of International Trade · 2020
  5. Louis Dreyfus Citrus Inc. v. United StatesUnited States Court of International Trade · 2007

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