United States Federal Circuit

A finding of duty absorption during a fourth administrative review of an antidumping duty order governing the importation of certain preserved mushrooms from India is reversed and remanded where the Court of International Trade erred in holding that Commerce possessed the authority under 19 U.S.C. section 1675(a)(4) to conduct a duty absorption inquiry during the fourth annual review of an Antidumping Order as applied to plaintiff.

Appellate Information

• Decided 11/20/2007
• Published 11/20/2007

Judges

• COTE, District Judge., Before MICHEL, Chief Judge, MOORE, Circuit Judge, and COTE, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Lizbeth R. Levinson, Garvey Schubert Barer, of Washington, DC, argued for plaintiff-appellant.   With her on the brief was Ronald M. Wisla.


• For Appellees:
  
• Claudia Burke, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee, United States.   On the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant Director, and Richard P. Schroeder, Attorney.   Of counsel on the brief was Matthew D. Walden, Attorney, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC., Michael J. Coursey and Adam H. Gordon, Kelley, Drye, Collier, Shannon, LLP, of Washington, DC, for defendant-appellee, Coalition for Fair Preserved Mushroom Trade.