United States Federal Circuit

The final affirmative antidumping duty determination issued by the Department of Commerce is affirmed where Commerce's refusal to correct an alleged error was not arbitrary and capricious, because (1) defendant itself was the source of the error, (2) defendant did not call attention to the error until after the issuance of the final determination, and (3) there was no showing that the error was or would have been apparent to Commerce before it issued the final determination.

Appellate Information

• Decided 06/27/2003
• Published 06/27/2003

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Frank H. Morgan,White & Case, LLP, of Washington, DC, argued for defendant-appellant.   With him on the brief were Walter J. Spak and Robert G. Gosselink., Mary T. Staley, Collier Shannon Scott, PLLC, of Washington, DC, argued for plaintiffs-appellees.   With her on the brief was Jeffrey S. Beckington., Stephen C. Tosini, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  Lucius B. Lau, Assistant Director.   Of counsel on the brief were John D. McInerney, Chief Counsel, Berniece A. Browne, Senior Counsel, and Robert E. Nielsen, Senior Attorney, Department of Commerce, of Washington, DC.