United States Federal Circuit

Ambiguous language in 19 U.S.C. section 1677a(c)(2)(A), allowing a reduction in the U.S. price of imported merchandise for "United States import duties" before that domestic price is compared against the foreign price in an antidumping analysis, was reasonably interpreted by the Department of Commerce to mean net import duties.

Appellate Information

• Decided 12/18/2008
• Published 12/18/2008

Judges

• O'GRADY, District Judge., Before MICHEL, Chief Judge, and MOORE, Circuit Judge, O'GRADY, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Matthew T. McGrath, Barnes, Richardson & Colburn, of Washington, DC, argued for plaintiffs-appellants.   With him on the brief was Stephen W. Brophy.


• For Appellees:
  
• Michael J. Dierberg, 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 Jeffrey S. Bucholtz, Acting Assistant Attorney General;  Jeanne E. Davidson, Director;  and Franklin E. White, Jr., Assistant Director.   Of counsel on the brief was Mildred E. Steward, Senior Attorney, Office of Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC. Of counsel was Mykhaylo A. Gryzlov., Robert G. Kalik, Kalik Lewin, of Bethesda, MD, for defendant-appellee Fischer S/A Agroindustria.   With him on the brief was Brenna S. Lenchak., Christopher Dunn, Heller Ehrman LLP, of Washington, DC, for defendants-appellees Citrus Products, Inc., and Sucocitrico Cutrale Ltda. With him on the brief was Valerie S. Ellis.