Legal Opinion

Tokyo Kikai Seisakusho, Ltd. v. United States

Court of Appeals for the Federal Circuit

Decided June 17, 2008No. 2007-1226, 2007-1227, 2007-1254PublishedCited by 61 opinions

1Opinion of the Court

LINN, Circuit Judge.

In this antidumping case, we are asked to determine the scope of the Department of Commerce’s (“Commerce’s”) authority to reopen proceedings tainted by fraud. Following Commerce’s receipt of information indicating that Tokyo Kikai Seisakusho, Ltd. and TKS (U.S.A.), Inc. (collectively, “TKS”) had provided false information during yearly administrative reviews of an existing antidumping duty order to which they were subject, Commerce initiated a “changed circumstances review.” It initiated that proceeding to reconsider the administrative reviews themselves, as well as its…

2Cases cited16 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Bennett v. SpearSupreme Court of the United States · 1997
  3. Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
  4. Louisiana Pub. Serv. Comm'n v. FCCSupreme Court of the United States · 1986
  5. Federal Trade Commission v. Standard Oil Co.Supreme Court of the United States · 1980

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3Cited by61 opinions

  1. Systems Application & Technologies, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2012
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  3. CBY Design Builders v. United StatesUnited States Court of Federal Claims · 2012
  4. Systems Application & Technologies, Inc. v. United StatesUnited States Court of Federal Claims · 2011
  5. Home Products International, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2011

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