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United States v. Eurodif S.A.

Docket No.: 07-1059
Certiorari Granted: 4/21/2008
Argued: November 4, 2008
Decided: January 26, 2009
Consolidated with: CONSOLIDATED W

PartyNames: United States v. Eurodif S.A., et al.
Petitioner: United States
Respondent: Eurodif S. A.

Court Below: United States Court of Appeals for the Federal Circuit

United States
v.
Eurodif S. A.
555 U.S. ____ (2009)
Background:

Section 1673 of Title 19 of the United States Code provides that, when "a class or kind of foreign merchandise is being, or is likely to be, sold in the United States at less than its fair value," to the detriment of a domestic industry, the Department of Commerce (Commerce) shall impose antidumping duties on entries of the foreign merchandise.

Question Presented:

The question presented is: Whether the court of appeals erred in rejecting Commerce's conclusion that foreign merchandise is "sold in the United States" within the meaning of 19 U.S.C. 1673 when a purchaser in the United States obtains foreign merchandise by providing monetary payments and raw materials to a foreign entity that performs a major manufacturing process in which substantial value is added to the raw materials, thereby creating a new and different article of merchandise that is delivered to the U.S. purchaser.

Question:

Should 19 U.S.C. Section 1673, which calls for "antidumping" duties on foreign goods, but not services, that sell at less than fair value in the U.S., apply to imported low enriched uranium?

Note:

TH 07-1078 FOR ONE HOUR ORAL ARGUMENT

Holding: judgment reversed and remanded
Vote: 9-0
Opinion By:
Read UNITED STATES V. EURODIF S.A. opinion (PDF)
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