Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
A pledge arrangement created only a security interest and did not, by itself, establish ownership or operational control over Danyang ILT; with shareholding already transferred, the Essilor Group was not shown to retain control and adverse inference could not be drawn for annual reports not shown to be within its possession. The Tribunal also held that, in a non-market economy investigation, only information relevant to normal value and export price was required, so non-exporting related producers' data was unnecessary where normal value was constructed from domestic industry costs and export information for the supply chain was disclosed. The Essilor Group was therefore wrongly treated as non-cooperative, and the anti-dumping recommendation was set aside for fresh consideration.
A pledge arrangement created only a security interest and did not, by itself, establish ownership or operational control over Danyang ILT; with shareholding already transferred, the Essilor Group was not shown to retain control and adverse inference could not be drawn for annual reports not shown to be within its possession. The Tribunal also held that, in a non-market economy investigation, only information relevant to normal value and export price was required, so non-exporting related producers' data was unnecessary where normal value was constructed from domestic industry costs and export information for the supply chain was disclosed. The Essilor Group was therefore wrongly treated as non-cooperative, and the anti-dumping recommendation was set aside for fresh consideration.
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