Tokyo Kikai Seisakusho, Ltd. v. United States
Court of Appeals for the Federal Circuit
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…
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