Legal Opinion

Okaya (USA), Inc. v. United States

United States Court of International Trade

Decided October 3, 2003No. Court 02-00642Published

1Opinion of the Court

OPINION

MUSGRAVE, Judge:

Plaintiff Okaya (USA) Inc. (“Okaya”) moves for judgment by default or on the merits of a three-count complaint alleging that liquidation instructions from the U.S. Department of Commerce (“Commerce”) to the U.S. Customs Service (“Customs”) regarding partial revocation of the antidumping duty order on certain tin mill products from Japan were not in accordance with the underlying changed circumstances determination. The government moves to dismiss counts I and II of the complaint and for judgment on the administrative record. For the following reasons, the Court grants…

2Cases cited37 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. Gibbs v. BuckSupreme Court of the United States · 1939
  3. Action S.A. And Deltamar Establishment v. Marc Rich & Co., Inc. And Marc Rich, Marc RichCourt of Appeals for the Second Circuit · 1991
  4. Gould, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1991
  5. Ellis Campbell, Jr., District Director of Internal Revenue v. J. M. Eastland and Montez EastlandCourt of Appeals for the Fifth Circuit · 1962

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