United States Federal Circuit

The Department of Commerce's classification of plaintiff's repacking expenses as selling expenses, and not movement expenses under 19 U.S.C. section 1677a(c)(2)(A), is vacated on the ground that the decision was arbitrary.

Appellate Information

• Decided 12/02/2004
• Published 12/02/2004

Judges

• LINN, Circuit Judge., Before RADER, LINN, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Robert A. Lipstein, Crowell & Moring LLP, of Washington, DC, argued for plaintiffs-appellants.   With him on the brief were Matthew P. Jaffe and Alexander H. Schaefer.


• For Appellees:
  
• Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States.   With her on the brief were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director.   Of counsel on the brief were John D. McInerney, Chief Counsel;  Berniece A. Browne, Senior Counsel;  and Amanda L. Blaurock, Jennifer D. Jones, and Peter J. Kaldes, Attorneys, Office of Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC., William A. Fennell, Stewart and Stewart, of Washington, DC, argued for defendant-appellee Timken U.S. Corporation.   With him on the brief were Terence P. Stewart, Geert M. De Prest, and Lane S. Hurewitz.