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DORBEST LTD. v. U.S.

Nos. 2009-1257, 2009-1266.

604 F.3d 1363 (2010)

DORBEST LIMITED, Rui Feng Woodwork (Dongguan) Co., Ltd., and Rui Feng Lumber Development (Shenzhen) Co., Ltd., Plaintiffs-Appellants, and American Furniture Manufacturers Committee for Legal Trade, and Vaughan-Bassett Furniture Company, Inc., Plaintiffs-Appellants, and Cabinet Makers, Millmen and Industrial Carpenters Local 721, UBC Southern Council of Industrial Workers Local 2305, United Steel Workers of America Local 193U, Carpenters Industrial Union Local 2093, Teamsters, Chauffeurs, Warehousemen and Helpers Local 991, and IUE Industrial Division of CWA Local 82472, Plaintiffs, v. UNITED STATES, Defendant-Appellee, and Dongguan Lung Dong and Dong He, Defendants-Appellees, and Art Heritage International Ltd., Super Art Furniture Co., Ltd., Artwork Metal & Plastic Co., Ltd., Jibson Industries Ltd., Always Loyal International, Fortune Glory Ltd. (Hk Ltd.), Nanhai Jiantai Woodwork Co., Fine Furniture (Shanghai) Ltd., Coaster Company of America, Collezione Europa USA, Inc., Fine Furniture Design & Marketing LLC, Global Furnitures, Inc., Hillsdale Furniture, LLC, Klaussner International, LLC, Magnussen Home Furnishings, Inc., L. Powell Company, Riversedge Furniture Company, Woodstuff Manufacturing, Inc. (doing business as Samuel Lawrence), Schnadig Corporation, Good Companies, and Standard Furniture Manufacturing Co., Inc., Defendants.

United States Court of Appeals, Federal Circuit.

May 14, 2010.

Attorney(s) appearing for the Case

Jeffrey S. Grimson, Troutman Sanders LLP, of Washington, DC, argued for plaintiffs-appellants Dorbest Limited, et al. With him on the brief were Donald B. Cameron, Julie C. Mendoza, R. Will Planert, Brady W. Mills, and Mary S. Hodgins. Of counsel were Jill A. Cramer, Susan E. Lehman and Kristin H. Mowry, Mowry & Grimson, PLLC, of Washington, DC.

Joseph W. Dorn, King & Spalding LLP, of Washington, DC, argued for plaintiffs-appellants American Furniture Manufacturers Committee for Legal Trade, et al. With him on the brief was J. Michael Taylor.

Carrie A. Dunsmore, 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 Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director. Of counsel was Brian A. Mizoguchi.

Before MICHEL, Chief Judge, BRYSON and DYK, Circuit Judges.

MICHEL, Chief Judge.

This is an antidumping duty case relating to wooden bedroom furniture imported from China. In 2005, the Department of Commerce ("Commerce") imposed an antidumping duty order on this merchandise. Both the foreign producers and the domestic interested parties brought suit in the Court of International Trade ("CIT"), raising issues with Commerce's calculation of the duty rate. The foreign producers argued that Commerce's calculation of Chinese labor...

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