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" ... But in July 2005, disregarding the panel’s instructions, DOC issued its third remand redetermination, which still relied on the zeroing methodology and kept the rates above de minimis – and the antidumping order in effect. ... "
" ... [T]he ultimate question presented for decision, upon a claim for refund, is whether the taxpayer has overpaid his tax. This involves a redetermination of the entire tax liability. While no new assessment can be made, after the bar of the statute has fallen, the taxpayer, nevertheless, is not entitled to a refund unless he has overpaid his tax. The action to recover on a claim for refund is in the nature of an action for money had and received and it is incumbent upon the claimant to show that the United States has money which belongs to him. ... "