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CRESWELL TRADING CO. v. ALLEGHENY FOUNDRY CO.

Nos. 97-1486, 97-1487.

141 F.3d 1471 (1998)

CRESWELL TRADING CO., INC., D & L Supply Co., Southern Star, Inc., City Pipe & Foundry, Inc., South Bay Foundry 1989, Capitol Foundry of Virginia, Inc., Virginia Precast Corp. and Techsales, Inc., Plaintiffs-Appellees, and Crescent Foundry Co. Pvt. Ltd., RSI (India) Pvt. Ltd., Select Steels, Ltd., Kejriwal Iron & Steel Works, R.B. Agarwalla & Company, Serampore Industries Pvt. Ltd., Supercastings (India), Carnation Enterprises Pvt. Ltd., Uma Iron & Steel Co., Govind Steel Co., Ltd. and Commex Corporation, Plaintiffs-Appellees, v. ALLEGHENY FOUNDRY CO., Campbell Foundry Co., Deeter Foundry, Inc., East Jordan Iron Works, Inc., Lebaron Foundry Inc., Municipal Castings, Inc., Neenah Foundry Co., Pinkerton Foundry Inc., U.S. Foundry & Manufacturing Co., Vulcan Foundry, Inc., Alhambra Foundry, Inc., Defendants-Appellants, and United States, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 16, 1998.

Attorney(s) appearing for the Case

Dennis James, Jr., Cameron & Hornbostel, LLP, of Washington, DC, argued for plaintiffs-appellees. Of counsel was Michele C. Sherman. On the brief were Walter J. Spak, and Vincent Bowen, White & Chase, of Washington, DC.

Velta A. Melnbrencis, Assistant Director, Civil Division, Commercial Litigation Branch, U.S. Department of Justice, of Washington, DC, argued for defendant-appellant, United States. With her on the brief were Frank W. Hunger, Assistant Attorney General and David M. Cohen, Director. Of counsel on the brief were Stephen J. Powell, Chief Counsel for Import Administration, Elizabeth C. Seastrum, Senior Counsel, and Robert E. Nielsen, Senior Attorney, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, of Washington, DC.

Robert H. Gilbert, Collier, Shannon, Rill, & Scott, PLLC, of Washington, DC, argued for defendants-appellants, Allegheny Foundry Co., et al. Of counsel was Mary T. Staley.

Before RICH, LOURIE, and BRYSON, Circuit Judges.

LOURIE, Circuit Judge.

Allegheny Foundry, Co. et al. (the "Domestic Industry") and the United States appeal from the decision of the Court of International Trade in favor of Creswell Trading Co. et al. (the "Importers") affirming Commerce's determination that certain oceanic shipping costs and inland shipping costs did not constitute countervailable subsidies under "Item (d)" of the Illustrative List of Export Subsidies, annexed to the Agreement on Interpretation...

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