Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co.


(United States Supreme Court) – Vacating and remanding the Second Circuit’s support of a motion to dismiss a complaint relating to allegations that Chinese sellers of Vitamin C were engaged in price and quantity fixing of exports to the US because although the Ministry of Commerce of the People’s Republic of China averred that the alleged price fixing scheme was actually a pricing regime mandated by the Chinese Government the court was not bound to accord conclusive effect to the foreign government’s statements. No law or regulation had been cited and a foreign nation’s laws must be proven as facts.