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In 1996, the International Trade Administration of the U.S. Department of Commerce assessed antidumping duties against Koyo Seiko Co., NTN Corp., on certain tapered roller bearings and their components imported from Japan. In assessing these duties, the ITA requested information from the makers about their home market sales. NTN responded in part that its figures should not include many sample and small-quantity sales, which were made to enable customers to decide whether to buy the products. NTN provided no evidence to support this assertion, however.
In calculating the fair market value of the bearings in Japan, the ITA determined, among other things, that sample and smallquantity sales were within the makers'ordinary course of trade. Koyo and others appealed these assessments to the U.S. Court of International Trade, objecting in part to the ITA's inclusion of sample and small-quantity sales. Should the court order the ITA to recalculate its assessment on the basis of NTN's objection? Explain.
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