FAG Kugelfischer Georg Schäfer AG v. United States

1 Citing case

  1. SKF USA Inc. v. United States

    263 F.3d 1369 (Fed. Cir. 2001)   Cited 69 times
    Holding that to overcome the presumption that the same term had the same meaning in different statutes, Commerce was required to provide a reasonable explanation

    We hold that Commerce has failed to adequately explain why it has interpreted the phrase "foreign like product" differently in 19 U.S.C. §§ 1677b(a)(1) and 1677(e). We accordingly vacate the decisions of the Court of International Trade in FAG Kugelfischer v. United States, No. 99-08-00465, 2000 WL 963368 (Ct. Int'l Trade July 7, 2000), and SKF USA Inc. v. United States, No. 98-07-02540, 2000 WL 726941 (Ct. Int'l Trade June 1, 2000) and remand for further proceedings. STATUTORY BACKGROUND