United States Federal Circuit

Uranium enrichment contracts by foreign government entities constitute a provision of services, rather than the sale of goods, and therefore are not subject to the countervailable subsidy statute.

Appellate Information

• Decided 03/03/2005
• Published 03/03/2005

Judges

• Before BRYSON, Circuit Judge, PLAGER, Senior Circuit Judge, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Stuart M. Rosen, Weil, Gotshal & Manges LLP, of New York, New York, argued for plaintiffs-appellants Eurodif S.A., et al.   With him on the brief were Gregory Husisian, of Washington, DC, and Jennifer J. Rhodes, of New York, New York., Nancy A. Fischer, Shaw Pittman LLP, of Washington, DC, argued for plaintiff-appellant AD HOC Utilities Group.   With her on the brief were Stephan E. Becker, Sanjay J. Mullick, and Joshua D. Fitzhugh., Bradford L. Ward, Dewey Ballantine LLP, of Washington, DC, for amicus curiae Committee to Support United States Trade Laws. With him on the brief was David Hartquist, Collier Shannon Scott, PLLC, of Washington, DC.


• For Appellees:
  
• Stephen C. Tosini, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-cross appellant United States.   On the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Jeanne E. Davidson, Deputy Director.   Of counsel on the brief were John D. Mclnerney, Chief Counsel, Berniece A. Browne, Senior Counsel, and Robert L. Lafrankie, Senior Attorney, Office of Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC., Sheldon E. Hochberg, Steptoe & Johnson LLP, of Washington, DC, argued for defendants-cross appellants USEC Inc., et al.   With him on the brief were Richard O. Cunningham, Eric C. Emerson, Matthew S. Yeo, Evangeline D. Keenan, and Alexandra E.P. Baj.