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CEMEX, S.A. v. U.S.

No. 97-1151.

133 F.3d 897 (1998)

CEMEX, S.A., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee, and The Ad Hoc Committee of AZ-NM-TX-FL Producers of Gray Portland Cement and National Cement Company of California, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

January 8, 1998.

Attorney(s) appearing for the Case

Irwin P. Altschuler, Manatt, Phelps, & Phillips, Washington, DC, argued for Plaintiff-Appellant. With him on the brief were David R. Amerine, Thomas P. Ondeck, and Ronald M. Wisla.

Lucius B. Lau, Trial Attorney, Commercial Litigation, Civil Division, U.S. Department of Justice, Washington, DC, argued for Defendant-Appellee. On the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Cynthia B. Schultz, Attorney. Of counsel were Stephen J. Powell, Chief Counsel for Import Administration, and Berniece A. Browne, Chief, Antidumping Litigation, and Duane W. Layton, Senior Counsel for NAFTA Affairs, U.S. Department of Commerce, Washington, DC.

Joseph W. Dorn, King & Spalding, Washington, DC, argued for Defendants-Appellees. With him on the brief were Michael P. Mabile, and Stephen A. Jones. Of counsel was Martin M. McNerney.

Before NEWMAN, PLAGER, and CLEVENGER, Circuit Judges.

CLEVENGER, Circuit Judge.

This is an appeal from a United States Court of International Trade ("CIT") decision sustaining, after two remands, the results of a final administrative review of an antidumping duty order issued by the U.S. Department of Commerce ("Commerce") against CEMEX. CEMEX argues that Commerce misinterpreted several sections of the antidumping laws and, consequently, erred in computing the dumping margin. In addition, CEMEX contends that, in remanding...

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