United States Federal Circuit

In assessing antidumping duties on the exported merchandise of foreign producers, the Department of Commerce did not improperly decide to use a combination rate for producers who were unaware of middleman dumping. The combination rate approach avoids penalizing the producer for dumping for which it is not responsible, and encourages the producer to find a middleman who will not engage in dumping, or to export directly to the US.

Appellate Information

• Decided 01/15/2004
• Published 01/15/2004

Judges

• Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Spencer G. Griffith,Akin, Gump, Strauss, Hauer & Feld LLP, of Washington, DC, argued for plaintiff-appellee Tung Mung Development Co., Ltd. and plaintiff Yieh United Steel Corporation in 03-1073.   With him on the brief were Thomas J. McCarthy and Patrick F.J. Macrory., Christina C. Ashworth, Trial Attorney, Commercial Litigation, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee the United States in 03-1073 and 03-1095.   With her on the briefs was David M. Cohen, Director.   Of counsel on the briefs were John D. McInerney, Chief Counsel;  Berniece A. Browne, Senior Counsel;  and Scott D. McBride, Attorney-Advisor;  Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC., Jeffrey S. Beckington, Collier Shannon Scott, PLLC, of Washington, DC, argued for defendants-appellants Allegheny Ludlum Corp., et al. in 03-1073 and plaintiffs-appellants in 03-1095.   With him on the briefs were David A. Hartquist and Adam H. Gordon.