United States Federal Circuit

President Bush had authority under the Trade Act of 1974 to impose an ad valorem duty on imported tin mill products because the International Trade Commission determination was a tie vote and the plurality of commissioners adequately explained their determinations. 28 U.S.C. section 1581(i) does not authorize proceedings directly against the President.

Appellate Information

• Decided 12/11/2003
• Published 12/11/2003

Judges

• Before NEWMAN, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard O. Cunningham,Steptoe & Johnson, LLP, of Washington, DC, argued for plaintiffs-appellants.   With him on the brief were Peter Lichtenbaum and Troy H. Cribb.


• For Appellees:
  
• Mary Elizabeth Jones, Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for Defendant-Appellee United States International Trade Commission.   With her on the brief were Lyn M. Schlitt, General Counsel;  and James M. Lyons, Deputy General Counsel., Lucius B. Lau, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for Defendants-Appellees, George W. Bush, President of the United States, and Robert C. Bonner, Commissioner, United States Customs Service.   With him on the brief was David M. Cohen.  Stephen C. Tosini, Attorney, for defendants-appellees.   Of counsel was Jeanne E. Davidson, Deputy Director., Roger B. Schagrin, Schagrin Associates, of Washington, DC, argued for Defendant-Appellee Weirton Steel Corporation.