Zenith Electronics Corp. v. United States

Summary

The United States Court of International Trade held that the Department of Commerce could not unilaterally amend final antidumping-duty review results while those results were subject to judicial review. The court issued a preliminary injunction barring Commerce from altering the final results concerning color television receivers from Korea or related cash-deposit instructions without court authorization. The court also concluded that Zenith had not received a fair opportunity to respond to the asserted ministerial errors.

Holdings

1. Once a final administrative determination is the subject of an action for judicial review, Commerce may not unilaterally alter the determination or related cash-deposit requirements; it must obtain the reviewing court's permission and approval before making the amendment.
2. Zenith was not given a fair and reasonable opportunity to present its views regarding the alleged ministerial errors as required by 19 U.S.C. § 1675(f).
3. A preliminary injunction was warranted because unilateral alteration of the final results would impair the court's jurisdiction, cause immediate and irreparable harm to Zenith, and undermine the public interest in preserving the status quo.

Questions Presented

1. Whether the Commerce Department may unilaterally amend final administrative results while those results are the subject of an action for judicial review without obtaining the reviewing court's approval.
2. Whether Zenith was afforded a fair and reasonable opportunity to present its views regarding the alleged ministerial errors under 19 U.S.C. § 1675(f).
3. Whether a preliminary injunction was warranted to preserve the Court of International Trade's jurisdiction and prevent irreparable harm.

Disposition

other