United States Federal Circuit

In an appeal from a judgment of the Court of International Trade regarding imported steel, 1) the Department of Commerce's decision to apply partial adverse facts available to the theoretical weight sales is supported by substantial evidence and is in accordance with law, 2) Commerce's methodology of calculating a starting price was not in accordance with law.

Appellate Information

• Decided 08/08/2003
• Published 08/08/2003

Judges

• LINN, Circuit Judge., Before LOURIE, GAJARSA and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• J. Christopher Wood,Gibson, Dunn & Crutcher, LLP, of Washington, DC, argued for plaintiff-appellee.   With him on the brief were Daniel J. Plaine and Gracia M. Berg., Kyle E. Chadwick, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant United States.   With him on the brief were David M. Cohen, Director;  and Lucius B. Lau, Assistant Director.   Of counsel on the brief were John D. McInerney, Chief Counsel;  Elizabeth C. Seastrum, Senior Counsel;  and Linda S. Chang, Senior Attorney, Office of Chief Counsel for Import Administration, U.S. Department of Commerce, of Washington, DC., Jeffrey D. Gerrish, Skadden, Arps, Slate, Meagher & Flom LLP, of Washington, DC, argued for defendants-appellants Bethlehem Steel Corporation, et al.   With him on the brief were Robert E. Lighthizer, John J. Mangan, and Ellen Schneider.   Of counsel were James C. Hecht and Daniel L. Schneiderman, Skadden, Arps, et al.