Yieh Phui Enterprise Co. v. United States
2011 Ct. Intl. Trade LEXIS 116
| Ct. Intl. Trade | 2011Background
- This action concerns Commerce's final results for the antidumping duty administrative review of circular welded carbon steel pipes and tubes from Taiwan.
- Plaintiff Yieh Phui challenges Commerce's selection of invoice date as the date of sale for U.S. sales.
- Commerce uses 19 C.F.R. § 351.401(i) which presumes invoice date unless a different date more accurately reflects when material terms are established.
- Commerce found material terms changed post-contract for many U.S. sales and that invoice date better reflects when terms are fixed.
- Plaintiff argued for contract date or other date based on U.S. sales process; the court reviews for substantial evidence and consistency with law.
- The court sustains Commerce's date-of-sale determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether invoice date is reasonable date of sale under regulation | Yieh Phui argues terms were finally established on contract date | Commerce found numerous term changes post-contract and thus invoice date reflects final terms | Yes; invoice date reasonable given record and changes in terms |
| Whether changes in material terms were de minimis to justify contract-date denial | Frequency of changes too infrequent to negate contract-date establishment | Changes were not de minimis; record supports invoice date | No; changes not de minimis; invoice date sustained |
Key Cases Cited
- Allied Tube and Conduit Corp. v. United States, 24 CIT 1357 (2000) (date of sale flexibility when terms not firmly established)
- Consolo v. Fed. Mar. Comm'n, 383 U.S. 607 (1966) (reasonableness of agency findings; substantial evidence standard)
- Nippon Steel Corp. v. United States, 458 F.3d 1345 (Fed.Cir. 2006) (substantial evidence standard in reviewing agency actions)
- American Signature, Inc. v. United States, 598 F.3d 816 (Fed.Cir. 2010) (scope of deference to agency regulatory interpretation; controlling weight)
- Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945) (Chevron-era interpretation; deference to agency interpretations)