United States Federal Circuit

In a case involving antidumping liquidation procedures for imports, the trial court correctly found a basis for jurisdiction under 28 U.S.C. section 1581(i). However, the court's decision is vacated where trial court's method of analysis with regard to the issue of arbitrariness under 19 U.S.C. section 1675(a)(2)(C) was misplaced.

Appellate Information

• Decided 10/29/2003
• Published 10/29/2003

Judges

• RADER, Circuit Judge., Before CLEVENGER, RADER, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Christopher R. Wall, Pillsbury Winthrop LLP, of Washington, DC, argued for plaintiff-cross appellant., Michael D. Esch, Hale and Dorr LLP, of Washington, DC, for amicus curiae Micron Technology, Inc. With him on the brief was Cris R. Revaz., David J. Levine, McDermott, Will & Emery, of Washington, DC for amicus curiae Hitachi Semiconductor (America) Inc.;   and Michael E. Roll, Katten Muchen Zavis Rosenman, of Los Angeles, California, for amicus curiae Hitachi High Technologies America, Inc.


• For Appellees:
  
• David Silverbrand, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   On the brief was David M. Cohen, Director.   Of counsel were John D. McInerney, Patrick V. Gallagher, and Berniece A. Browne, Attorneys, United States Department of Commerce, of Washington, DC.