BMW of N. Am. LLC v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
Opinion dissenting-in-part filed by Chief Judge Prost.
Stoll, Circuit Judge.
BMW of North America LLC ("BMW") appeals the final judgment of the United States Court of International Trade, sustaining the United States Department of Commerce's application of an adverse facts available ("AFA") rate of 126.44% against BMW. We conclude that Commerce did not set forth its reasoning in sufficient detail to allow review of whether the selected AFA rate was unduly punitive. We therefore vacate the Court of International Trade's decision and remand for further proceedings consistent with this opinion.
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Also in this document: Dissent.
2Cases cited25 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
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- Rhone Poulenc, Inc. And Rhone Poulenc Chimie De Base, S.A. v. The United States, Pq CorporationCourt of Appeals for the Federal Circuit · 1990
- Nippon Steel Corp. v. United StatesCourt of Appeals for the Federal Circuit · 2003
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