United States Federal Circuit

A ruling by the Court of International Trade upholding an agency decision denying a commercial fisherman's application for a "trade adjustment assistance" cash benefit is affirmed over his claim that, under the applicable statute, his net fishing income should be calculated with respect to the imported commodity only, Pacific salmon, and should not be calculated by taking into account his income from other commercial fishing activity.

Appellate Information

• Decided 11/20/2006
• Published 11/20/2006

Judges

• BRYSON, Circuit Judge., Before BRYSON, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Joel D. Kaufman, Steptoe & Johnson, LLP, of Washington, DC, argued for plaintiff-appellant.   With him on the brief was Tina Potuto Kimble.


• For Appellees:
  
• David S. Silverbrand, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Patricia M. McCarthy, Assistant Director.   Of counsel on the brief was Jeffrey Kahn, Attorney, Office of General Counsel, United States Department of Agriculture, of Washington, DC.