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AMBASSADOR DIV. OF FLORSHEIM SHOE v. UNITED STATES

Appeal No. 84-814.

748 F.2d 1560 (1984)

AMBASSADOR DIVISION OF FLORSHEIM SHOE, Appellee, v. The UNITED STATES, Appellant, and Footwear Industries of America, Inc., Intervenor.

United States Court of Appeals, Federal Circuit.

November 19, 1984.

Attorney(s) appearing for the Case

A. David Lafer, Washington, D.C., argued for appellant. With him on the brief were Richard K. Willard, Acting Asst. Atty. Gen.; David M. Cohen, Director and Francis J. Sailer, Washington, D.C.

Lauren R. Howard, Collier, Shannon, Rill & Scott, Washington, D.C., argued for intervenor, Footwear Industries of America, Inc.; Michael R. Kershow, Collier, Shannon, Rill & Scott, Washington, D.C., of counsel.

Steven P. Sonnenberg, Sonnenberg, Anderson & O'Donnell, Chicago, Ill., argued for appellee.

Donald B. Cameron, Jr., Daniels, Houlihan & Palmeter, P.C., Washington, D.C., was on the brief for Footwear Retailers of America, amicus curiae.

Herbert C. Shelley, Tom M. Schaumber and Alice A. Kipel, Plaia, Schaumberg & Dekieffer, Chartered, Washington, D.C., were on the brief for amicus curiae, The Special Commodity Group on Nonrubber Footwear from Brazil of The American Ass'n of Exporters and Importers.

Before MARKEY, Chief Judge, NICHOLS, Senior Judge, and BALDWIN, KASHIWA and MILLER, Circuit Judges.

NICHOLS, Senior Circuit Judge.

The United States prosecutes this appeal to obtain our review of a summary judgment by the Court of International Trade (CIT) according to which the facts ascertained in a "Periodic Review" of a countervailing duty determination cannot be applied to entries in the period the review relates to, because by law the duties applicable to those entries must have been finally determined before the facts could have been known. We reverse...

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