United States Federal Circuit

In the context of an antidumping duties decision involving crawfish meat imports, a decision sustaining the Department of Commerce's determination that two companies were are not affiliated entities under 19 U.S.C. section 1677(33)(E) is reversed where: 1) neither the statute nor a regulation requires proof of a transfer of cash or merchandise to prove at least a 5% stock ownership for affiliation; and 2) the companies presented sufficient evidence to show that one directly or indirectly owned at least 5% of the other's shares.

Appellate Information

• Decided 02/27/2007
• Published 02/27/2007

Judges

• RADER, Circuit Judge., Before RADER, Circuit Judge, ARCHER, Senior Circuit Judge, and MOORE, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Will E. Leonard, Jr., Adduci, Mastriani & Schaumberg, LLP, Washington, DC, John C. Steinberger, for Plaintiffs-Appellees., Ronald M. Wisla, Garvey, Schubert & Barer, David Silverbrand, Jeanne E. Davidson, David M. Cohen, Department of Justice, Berniece A. Browne, John D. McInerney, Marisa Goldstein, Department of Commerce, Washington, DC, for Defendants-Appellants.