United States Federal Circuit

In a case involving antidumping duties on steel products, judgment of the Court of International Trade affirming classification of plaintiff's composite rod as non-prime merchandise is affirmed where: 1) the Commerce Department permissibly construed the statute and correctly classified the merchandise; and 2) defendant waived its argument as to the calculation of credit expenses beginning on the invoice date rather than the shipment date.

Appellate Information

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

Judges

• LOURIE, Circuit Judge., Before NEWMAN and LOURIE, Circuit Judges, and ALSUP, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael A. Pass, Steptoe & Johnson LLP, of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Mark A. Moran and Eric C. Emerson.


• For Appellees:
  
• L. Misha Preheim, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Gregory G. Katsas, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director.   Of counsel on the brief was Jonathan Zielinski, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC., Mary T. Staley, Kelley Drye & Warren LLP, of Washington, DC, argued for defendants-cross appellants.   With her on the brief were Paul C. Rosenthal and Daniel P. Lessard.