SIGMA CORP. v. U.S.

Nos. 95-1509, 96-1036, 95-1510, and 96-1037.

117 F.3d 1401 (1997)

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

United States Court of Appeals, Federal Circuit.

July 7, 1997.


Attorney(s) appearing for the Case

Christopher M. Curran, White and Case, Washington, DC, argued, for plaintiffs-appellants, Sigma Corporation, et al., in Nos. 95-1509, 96-1036. With him on the brief were Walter J. Spak and Vincent Bowen.

Dennis James, Jr., Cameron & Hornbostel, Washington, DC, argued, for plaintiff-appellant Guangdong Metals & Minerals Import & Export Corporation, in Nos. 95-1509, 96-1036. Of counsel was Michele C. Sherman.

Cynthia B. Schultz, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued, for defendant-appellee United States, in Nos. 95-1509, 96-1036. With her on the brief Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director. Of counsel on the brief were Stephen J. Powell, Chief Counsel, Berniece A. Browne, Senior Counsel, and Jeffery C. Lowe, Attorney Adviser, Office of the Chief Counsel for Import Administration, Department of Commerce, Washington, DC. Of counsel was Robert J. Heilferty, Office of the Chief Counsel for Import Administration, Department of Commerce, Washington, DC.

Robin H. Gilbert, Collier, Shannon, Rill & Scott, Washington, DC, argued, for defendants-appellees, U.S. Foundry & Manufacturing Co., et al., in Nos. 95-1509, 96-1036. With her on the brief were Paul C. Rosenthal and Mary T. Staley.

Christopher M. Curran, White and Case, Washington, DC, argued, for plaintiffs-appellants, Sigma Corporation, et al., in Nos. 95-1510, 96-1037. With him on the brief were Walter J. Spak, and Kristina Zissis. Of counsel was Vincent Bowen.

Dennis James, Jr., Cameron & Hornbostel, Washington, DC, argued, for plaintiff-appellant, D & L Supply Co., in Nos. 95-1510, 96-1037. Of counsel was Michele C. Sherman.

Cynthia B. Schultz, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued, for defendant-appellee United States, in Nos. 95-1510, 96-1037. With her on the brief Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director. Of counsel on the brief were Stephen J. Powell, Chief Counsel, Berniece A. Browne, Senior Counsel, and Jeffery C. Lowe, Attorney Adviser, Office of the Chief Counsel for Import Administration, Department of Commerce, Washington, DC. Of counsel was Robert J. Heilferty, Office of the Chief Counsel for Import Administration, Department of Commerce, Washington, DC.

Robin H. Gilbert, Collier, Shannon, Rill & Scott, Washington, DC, argued, for defendants-appellees Alhambra Foundry Inc., et. al., in Nos. 95-1510, 96-1037. With her on the brief were Paul C. Rosenthal and Mary T. Staley.

Before NEWMAN, LOURIE, and BRYSON, Circuit Judges.


BRYSON, Circuit Judge.

In these consolidated antidumping duty cases, a Chinese exporter and five U.S. importers of iron castings from the People's Republic of China (PRC) challenge several related orders of the Court of International Trade. Through those orders, the court upheld the Commerce Department's final determinations in a series of administrative reviews of a 1986 antidumping duty order directed at iron construction castings from the PRC. We affirm-in-part...

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