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D & L SUPPLY CO. v. U.S.

Nos. 95-1437, 95-1450.

113 F.3d 1220 (1997)

D & L SUPPLY CO., Plaintiff-Appellant, and Guandong Metals & Minerals Import & Export Corporation, and Overseas Trade Corporation, Plaintiffs, and U.V. International, Sigma Corporation, Southern Star, Inc., City Pipe & Foundry, Inc., Long Beach Iron Works, Inc., Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee, and Alhambra Foundry Inc., Allegheny Foundry Co., Bingham & Taylor Division, Virginia Industries, Inc., Charlotte Pipe & Foundry Co., East Jordan Iron Works, Inc., Lebaron Foundry Co., Municipal Castings, Inc., Neenah Foundry Co., Opelika Foundry Co., Inc., Tyler Pipe Industries, Inc., U.S. Foundry & Manufacturing Co. And Vulcan Foundry, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

May 8, 1997.

Attorney(s) appearing for the Case

Dennis James, Jr., Cameron & Hornbostel, Washington, D.C., argued, for plaintiff-appellant D & L Supply Co. Of counsel was Michele C. Sherman.

Christopher M. Curran, White & Case, Washington, D.C., argued, for plaintiffs-appellants U.V. International, et al. With him on the brief were Walter J. Spak, Vincent Bowen, and of counsel, Stephen N. Schaefer.

Henry R. Felix, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., argued, for defendant-appellee United States. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Jeanne E. Davidson, Assistant Director. Of counsel on the brief was Jeffrey C. Lowe, Attorney-Advisor, Department of Commerce. Of counsel were Berniece A. Brown, Chief Counsel of Import Administration and Stephen J. Powell, Department of Commerce.

Mary T. Staley, Collier, Shannon, Rill & Scott, Washington, D.C., argued, for defendants-appellees Alhambra Foundry Inc., et al. With her on the brief were Paul C. Rosenthal, and Robin H. Gilbert.

Before NEWMAN, LOURIE, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

Before its amendment in 1994, the antidumping statute directed that when a party to an antidumping proceeding failed to provide properly requested information, the Commerce Department was required to "use the best information otherwise available" in determining the appropriate antidumping duty rate. 19 U.S.C. § 1677e(c) (1988). Pursuant to that provision, the Commerce Department developed a protocol that allowed it to use the highest dumping...

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