(DOWNLOAD) "Micron Technology, Inc. v. United States" by In the Court of Appeals State of Arizona Division One Department D # eBook PDF Kindle ePub Free
eBook details
- Title: Micron Technology, Inc. v. United States
- Author : In the Court of Appeals State of Arizona Division One Department D
- Release Date : January 07, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
This case presents important questions concerning the interpretation of the 1994 amendments to the Tariff Act of 1930 ("Act"), codified in the United States Code in Chapter 4 of Title 19. We conclude that the amendments are ambiguous as to the scope of the indirect selling expenses to be deducted under 19 U.S.C. § 1677a(d)(1)(D) (1999). Because we also conclude that the Department of Commerces interpretation of that provision is reasonable, we defer to that interpretation under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). Finally, we conclude that the plain text of the amended statute requires the Department of Commerce ("Commerce") to deduct the selling expenses enumerated in 19 U.S.C. § 1677a(d) from the starting price of constructed export price sales before making a level of trade comparison under 19 U.S.C. § 1677b(a)(7)(A). Accordingly, we affirm in part and reverse in part.