United States Federal Circuit

Because a loss incurred by an importer on the sale of its Korean subsidiary is not compelled or forbidden by statute, the Department of Commerce is accorded substantial deference on whether that loss should be included in the importer's general and administrative expense calculation.

Appellate Information

• Decided 05/25/2001
• Published 05/25/2001

Judges

• DYK, Circuit Judge., Before PLAGER, Senior Circuit Judge, BRYSON and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Mark E. Pardo,Grunfeld, Desiderio, Lebowitz & Silverman LLP, of New York, NY, argued for plaintiffs-appellants.   With him on the brief were Max F. Schutzman, Andrew B. Schroth, and Adam M. Dambrov.   Of counsel was Jeffrey S. Grimson.


• For Appellees:
  
• Velta A. Melnbrencis, Assistant Director, Commercial Litigation Branch, Department of Justice, of Washington, DC, for defendant United States., Donald J. Unger, Barnes, Richardson & Colburn, of Chicago, IL, for defendants NTN Bearing Corporation of America, Et Al., Wesley K. Caine, Stewart and Stewart, of Washington, DC, argued for defendant-appellee, The Torrington Company.   With him on the brief was Geert De Prest.   Of counsel was Lane S. Hurewitz.