United States Federal Circuit

In calculating constructed export price profit, the Court of International Trade erroneously interpreted 19 U.S.C. section 1677a as not permitting the Department of Commerce to use actual expenses to account for credit and inventory carrying costs when determining "total expenses."

Appellate Information

• Decided 04/06/2005
• Published 04/06/2005

Judges

• CLEVENGER, Circuit Judge., Before CLEVENGER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Max F. Schutzman, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of New York, New York, argued for plaintiff-appellee SNR Roulements.   With him on the brief were Bruce M. Mitchell and Adam M. Dambrov.   Of counsel were Jeffrey S. Grimson and Mark E. Pardo, of Washington, DC., Stephen C. Tosini, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant United States.   On the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  Jeanne E. Davidson, Deputy Director;  and Michael D. Panzera, Attorney.   Of counsel on the brief was Philip Curtin, Attorney, Office of Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC. Of counsel were John D. McInerney, Berniece A. Browne, David R. Mason, and John F. Koeppen, United States Department of Commerce., Geert M. De Prest, Stewart and Stewart, of Washington, DC, argued for defendant-appellant The Torrington Company, etc.   With him on the brief were Terence P. Stewart, William A. Fennell, and Lane S. Hurewitz.   Of counsel was Wesley K. Caine.