United States Federal Circuit

A ruling dismissing as moot a domestic rebar manufacturer's action for review of an antidumping order involving a Turkish rebar producer is vacated and remanded where plaintiff's request for judicial review of a sixth administrative review was not rendered moot by liquidation of the entries subject to the sixth review, because there remained an issue having ongoing legal consequences. Specifically, if the agency erred in calculating a de minimis dumping margin for the Turkish importer in the sixth review, this could affect the future lifting of the antidumping order at issue.

Appellate Information

• Decided 03/12/2008
• Published 03/12/2008

Judges

• NEWMAN, Circuit Judge., Before NEWMAN and DYK, Circuit Judges, and YEAKEL, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Damon E. Xenopoulos, Brickfield, Burchette, Ritts & Stone, P.C., of Washington, DC, argued for plaintiff-appellant.   With him on the brief was Eric J. Lacey.


• For Appellees:
  
• Patricia M. McCarthy, Assistant Director, 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 Jeanne E. Davidson, Director, and David S. Silverbrand, Attorney.   Of counsel was Scott McBride, United States Department of Commerce, of Washington, DC., Lawrence A. Schneider, Arnold & Porter LLP, of Washington, DC, argued for defendant-appellee, Icdas Celik Enerji Tersane Ve Ulasim Sanayi, A.S.