United States Federal Circuit

A judgment remanding a case to the U.S. Department of Commerce (Commerce) with instructions to include in the constructed value of silicon metal produced by defendant, the value-added tax (VAT) paid by defendant on its purchases of raw materials, is reversed where Commerce's conclusion -- that the VAT paid by defendant should be excluded from constructed value -- was based on a permissible construction of the statute at issue.

Appellate Information

• Decided 10/27/2006
• Published 10/27/2006

Judges

• LINN, Circuit Judge., Before NEWMAN, MAYER, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Clifford E. Stevens, Jr., DLA Piper Rudnick Gray Cary U.S. LLP, of Washington, DC, argued for plaintiffs-appellants.   With him on the brief were William D. Kramer and Martin Schaefermeier.


• For Appellees:
  
• Reginald T. Blades, Jr., Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-cross appellant United States.   With him on the brief were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director.   Of counsel on the brief was Quentin M. Baird, Attorney, Office of Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC. Of counsel were Berniece A. Browne and John D. McInerney, Attorneys.  Office of Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC., Rosa S. Jeong, Greenberg Traurig, LLP, of Washington, DC, argued for defendant-cross appellant Rima Industrial S/A. With her on the brief was Philippe M. Bruno.