BINGHAM & TAYLOR DIV., VA. INDUSTRIES v. U.S.

Appeal No. 86-1440.

815 F.2d 1482 (1987)

BINGHAM & TAYLOR DIVISION, VIRGINIA INDUSTRIES, INC., et al., Appellees, v. The UNITED STATES, Appellant.

United States Court of Appeals, Federal Circuit.

March 31, 1987.


Attorney(s) appearing for the Case

John C. Kingery, Office of the General Counsel, United States International Trade Commission, Washington, D.C., argued for appellant. With him on the brief were Lyn M. Schlitt, General Counsel and Michael P. Mabile, Assistant General Counsel, Washington, D.C.

Paul C. Rosenthal, Collier, Shannon, Rill & Scott, Washington, D.C., argued, for appellees. With him on the brief, was Kathleen Weaver Cannon, Washington, D.C.

Barton C. Green, General Counsel and Secretary, American Iron and Steel Institute, Washington, D.C., was on the brief, for amicus curiae American Iron and Steel Institute.

Before DAVIS, SMITH and NEWMAN, Circuit Judges.


DAVIS, Circuit Judge.

We are called upon to review a decision of the United States Court of International Trade, Bingham & Taylor Division, Virginia Industries v. United States, 627 F.Supp. 793 (Ct. Int'l Trade 1986) (Carman, J.), holding that § 771(7)(C)(iv) of the Tariff Act of 1930, as amended (19 U.S.C. § 1677(7)(C)(iv) (1984)), requires the International Trade Commission (Commission) to assess cumulatively...

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