LASKO METAL PRODUCTS, INC., Plaintiff-Appellant,
v.
The UNITED STATES, Durable Electrical Metal Factory, Ltd., Paragon Industries, Holmes Products Corporation and Esteem Industries, Ltd., WUXI Fan Factory, Shell Electric Mfg. (China) Co., Ltd., SMC Electric Mfg. Co., and SMC Marketing Corporation, and
Wing Tat Electric Mfg. Co., Ltd., Wing Tat Electric Mfg. (Int'l) Co., Ltd. and China Miles Corporation, Polaray Industrial and Paragon Industries, Inc., Defendants-Appellees.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
December 29, 1994.
December 29, 1994.
Attorney(s) appearing for the Case
Lawrence J. Bogard, McKenna & Cuneo, Washington, DC, argued for plaintiff-appellant. With him on the brief was Peter Buck Feller.
Jeffrey M. Telep, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for defendant-appellee, the U.S. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen. and David M. Cohen, Director; Alicia D. Greenidge, U.S. Dept. of Commerce. Also on the brief were Stephen J. Powell, Chief Counsel for Import Admin. and Berniece A. Browne, Attorney-Advisor, Office of the Chief Counsel for Import Admin., U.S. Dept. of Commerce, of counsel.
Arthur J. LaFave, III, Dickstein, Shapiro & Morin, Washington, DC, argued for defendants-appellees, Durable Elec. Metal Factory, Ltd., Paragon Industries, Holmes Products Corp. and Esteem Industries, Ltd. With him on the brief was Douglas N. Jacobson.
John H. Korns, Pettit & Martin, of Washington, DC, for defendants-appellees, Shell Elec. Mfg. (China) Co., Ltd., SMC Elec. Mfg. Co., and SMC Marketing Corp.
James Taylor, Jr., Stroock & Stroock & Lavan, Washington, DC, for defendants-appellees, Wing Tat Elec. Mfg. Co., Ltd., Wing Tat Elec. Mfg. (Int'l) Co., Ltd., China Miles Corp. and Polaray Industrial Corp.; Panagiotis C. Bayz and Matthew H. McCarthy, of counsel.
William J. Clinton, Wilkie, Farr & Gallagher, Washington, DC, for WUXI Fan Factory.
Before MICHEL, Circuit Judge, SMITH, Senior Circuit Judge, and PLAGER, Circuit Judge.
United States Court of Appeals, Federal Circuit.
PLAGER, Circuit Judge.
This is a dumping case. The appeal in this case challenges the way in which the Department of Commerce (Commerce) calculates the foreign market value (FMV) in making its determination of a dumping margin when dealing with a nonmarket economy country (NME). The question posed is whether the governing statute requires Commerce to ignore the best evidence on costs that is available to it—costs actually paid by the manufacturer in the NME...
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