United States Federal Circuit

A determination that plaintiff's imported gas meter swivels and gas meter nuts are within the scope of an antidumping order covering certain malleable iron pipe fittings from China is reversed where: 1) substantial evidence did not support a conclusion that the criteria set forth at 19 C.F.R. section 351.225(k)(1) were dispositive as to whether gas meter swivels and nuts were within the scope of the order; and 2) agency should have considered the criteria of section 351.225(k)(2) in making such determination.

Appellate Information

• Decided 05/02/2007
• Published 05/02/2007

Judges

• SCHALL, Circuit Judge., Before NEWMAN, SCHALL, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William D. Outman, II, Baker & McKenzie, LLP, of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Stuart P. Seidel and Kevin J. Sullivan.


• For Appellees:
  
• David Silverbrand, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States.   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 Kemba Eneas, Attorney, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC. Of counsel were John D. McInerney, Chief Counsel, and Berniece A. Browne, Senior Litigation Counsel., Roger B. Schagrin, Schagrin Associates, of Washington, DC, argued for defendants-appellees Ward Manufacturing, Inc., et al.   Of counsel were Michael J. Brown and Brian E. McGill.