United States Federal Circuit

In a matter involving the Department of Commerce's second administrative review of an antidumping order covering hot-rolled steel from the Netherlands, a decision ruling against an importer on various claims is affirmed as: 1) there was no error in Commerce's use of the so-called zeroing methodology to calculate importer's dumping margin; 2) an unfavorable classification of certain of importer's sales transactions was not error; and 3) the trial court did not abuse its discretion in applying the exhaustion requirement and declining to apply the "futility" exception, and thus, did not err in refusing to consider a duty absorption issue.

Appellate Information

• Decided 09/21/2007
• Published 09/21/2007

Judges

• BRYSON, Circuit Judge., Before RADER, BRYSON, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard O. Cunningham and Alice A. Kipel, Steptoe & Johnson LLP, of Washington, DC, argued for plaintiff-appellant.   With them on the brief were Joel D. Kaufman, and Jamie B. Beaber.


• For Appellees:
  
• Claudia Burke, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee, United States.   With her on the brief were Peter D. Keisler, Assistant Attorney General, Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director., Jeffrey D. Gerrish, Skadden, Arps, Slate, Meagher & Flom LLP, of Washington, DC, argued for defendant-appellee, United States Steel Corporation.   With him on the brief were John J. Mangan and Robert E. Lighthizer.