United States v. Takeo Teraoka

The United States has taken this appeal from order of the district court dismissing an indictment against Appellee Takeo Ter-aoka charging him with entering merchandise into the United States by means of a false statement in violation of 18 U.S.C. § 542 . The district court ruled that the alleged false statements were not material in that the merchandise had not been entered “by means of” such statements and that the indictment accordingly did not state a violation of § 542. The question presented is whether the court erred in so ruling. We hold that it did not.

Under the Antidumping Act, 19 U.S.C. § 160 et seq., as amended, 19 U.S.C. §§ 1673-1677 , whenever the Secretary of the Treasury determines that 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, he shall so advise the United States International Trade Commission which shall then determine whether an industry in the United States is being or is likely to be injured by such importation'and report its determination to the Secretary. The Secretary thereupon makes findings as to such sale and such injury. 19 U.S.C. § 160 . If Ihe Secretary finds that the…