United States Federal Circuit

In its review of a foreign company's possible "dumping" of products, the Department of Commerce's inclusion of sales with abnormally high profits in a normal value calculation was proper, under the "totality of the circumstances" standard for exclusions, and did not unreasonably distort final adjustments; the decision to determine "constructive export price" without regard to level of trade was in accord with law.

Appellate Information

• Decided 06/28/2002
• Published 06/28/2002

Judges

• MAYER, Chief Judge., Before MAYER, Chief Judge, LOURIE and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kazumune V. Kano,Barnes, Richardson & Colburn, of Chicago, IL, argued for plaintiffs-appellants.   With him on the brief was Donald J. Unger.   Of counsel were Carolyn D. Amadon, and Shannon N. Rickard.


• For Appellees:
  
• Matthew P. Jaffe, Lipstein, Jaffe & Lawson, L.L.P., of Washington, DC, for plaintiffs-appellees, NSK LTD., et al.   With him on the brief were Robert A. Lipstein, and Joseph A. Konizeski., Neil R. Ellis, Powell, Goldstein, Frazer & Murphy LLP, of Washington, DC, argued for plaintiffs-appellees, Koyo Seiko Co. Ltd, et al.   With him on the brief was Elizabeth C. Hafner.   Of counsel was Leigh Fraiser., Lucius B. Lau, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-cross appellant, United States.   On the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  and Velta A. Melnbrencis, Assistant Director.   Of counsel on the brief were John D. McInerney, Chief Counsel;  Berniece A. Browne, Senior Counsel;  Patrick V. Gallagher, Peter G. Kirchgraber, John F. Koeppen, and Arthur D. Sidney, Attorneys;  Office of Chief Counsel for Import Administration, U.S. Department of Commerce, of Washington, DC. Of counsel were Stephen M. DeLuca, and David R. Mason, Attorneys., Wesley K. Caine, Stewart and Stewart, of Washington, DC, argued for defendant-cross appellant, The Torrington Company.   On the brief were Terence P. Stewart, Geert De Prest, and Lane S. Hurewitz.