United States Federal Circuit

Amendments to the Tariff Act of 1930 require the Department of Commerce to deduct selling expenses listed in 19 USC 1677a(d) from the starting price of constructed export price sales before making a level of trade comparison under 19 USC 677b(a)(7)(A).

Appellate Information

• Decided 03/07/2001
• Published 03/07/2001

Judges

• DYK, Circuit Judge., Before CLEVENGER, SCHALL, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Gilbert B. Kaplan,Hale and Dorr, LLP, of Washinton, DC, argued for plaintiff-appellant.   With him on the brief were Michael D. Esch, Paul W. Jameson, and Cris R. Revaz., Joseph W. Dorn, King & Spalding, of Washington, DC, for amicus curiae, The Southern Tier Cement Committee.   With him on the brief were Michael P. Mabile, and Dean A. Pinkert., Herbert C. Shelley, Steptoe & Johnson LLP, of Washington, DC, for amicus curiae SKF USA, Inc. With him on the brief was Alice A. Kipel., Neil R. Ellis, Powell, Goldstein, Frazer & Murphy LLP, of Washington, DC, for amicus curiae LG Semicon Ameica, Inc. and LG Semicon Co, Ltd., etc.   With him on the brief were Elizabeth C. Hafner, and Susan M. Mathews., Kathleen W. Cannon, Collier Shannon Scott, PLLC, of Washington, DC, for amici curiae Allegheny Ludlum Corp., et al.   With her on the brief were David A. Hartquist, Paul C. Rosenthal, and Michael J. Coursey.


• For Appellees:
  
• Michele D. Lynch, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief was David M. Cohen, Director.   Of counsel were Velta A. MeInbrencis, Department of Justice;  and John D. McInerney, Berniece A. Browne, and Patrick V. Gallagher, Jr., Attorneys, Department of Commerce, of Washington, DC., Michael P. House, Kaye, Scholer, Fierman, Hays & Handler, LLP, of Washington, DC, argued for defendants-cross appellants.   With him on the brief was Raymond P. Paretzky.