CRESWELL TRADING CO. INC. v. U.S.

Nos. 93-1062, 93-1066.

15 F.3d 1054 (1994)

CRESWELL TRADING COMPANY, INC., South Bay Foundry 1989, D & L Supply Co., Southern Star, Inc., Virginia Precast Corp. and Techsales, Inc., Plaintiffs, and City Pipe & Foundry, Inc., Capitol Foundry of Virginia, Inc., Plaintiffs-Appellants, and Crescent Foundry Co. P. Ltd., Select Steels, Ltd., R.B. Agarwalla & Co., Serampore Industries P., Ltd., Super Castings (India), Carnation Enterprises P., Ltd., Uma Iron & Steel Co., Commex Corporation, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee, Allegheny Foundry Co., Deeter Foundry, Inc., East Jordan Iron Works, Inc., Lebaron Foundry, Inc., Municipal Castings, Inc., Neenah Foundry Co., U.S. Foundry & Manufacturing Co., Vulcan Foundry, Inc. and Alhambra Foundry, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied April 1, 1994.


Attorney(s) appearing for the Case

Dennis James, Jr., Whitman & Ransom, of Washington, DC, argued for plaintiffs-appellants. With him on the brief was Kathleen F. Patterson.

Christopher A. Dunn and Walter J. Spak, Willkie, Farr & Gallagher, of Washington, DC, were on the brief for plaintiffs-appellants, City Pipe & Foundry, Inc. and Capitol Foundry of Virginia, Inc.

Velta A. Melnbrencis, Asst. Director, Commercial Litigation Branch, Dept. of Justice, of Washington, DC, argued for defendant-appellee, The United States. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief was Robert C. Nielsen, Sr. Atty., Office of Chief Counsel for Import Admin., U.S. Dept. of Commerce, of counsel. Paul C. Rosenthal, Collier, Shannon, Rill & Scott, of Washington, DC, argued for defendants-appellees, Allegheny Foundry Co., et al. With him on the brief was Robin H. Gilbert.

Before NIES, Chief Judge, and RICH, and LOURIE, Circuit Judges.


RICH, Circuit Judge.

Appellants1 appeal an August 28, 1992 decision of the Court of International Trade (CIT), Creswell Trading Co. v. United States, 797 F.Supp. 1038 (Ct.Int'l Trade 1992), sustaining a Department of Commerce (Commerce) determination countervailing the entirety of certain rebates provided by the Indian government pursuant to India's...

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