THE THAI PINEAPPLE PUBLIC CO., LTD., Siam Food Products Public Co., Ltd., Malee Sampran Factory Public Co., Ltd., and Siam Agro Industry Pineapple and Others Public Co., Ltd., Plaintiffs-Appellees, and
Dole Food Company, Inc., Dole Packaged Foods Company, and Dole Thailand, Ltd., Plaintiffs-Appellees,
v.
UNITED STATES, and Department of Commerce, Defendants-Appellants, and
Maui Pineapple Co., Ltd., Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
July 28, 1999.
Rehearing Denied; Suggestion for Rehearing Declined October 28, 1999.
Attorney(s) appearing for the Case
Kenneth J. Pierce, Willkie Farr & Gallagher, Washington, DC, for plaintiffs-appellees, The Thai Pineapple Public Co., Ltd., et al. With him on the brief was William B. Lindsey. Of counsel were Lyle B. Vander Schaaf, Robert L. LaFrankie and Matthew Nicely.
Steven M. Schneebaum, Patton Boggs, L.L.P., Washington, DC, argued, for plaintiffs-appellees, Dole Food Company, Inc., et al. Of counsel on the brief was Michael D. Esch, Hale and Dorr, L.L.P., Washington, DC. Of counsel was John F. Cobau, Patton Boggs, L.L.P.
Lucius B. Lau, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued, for defendants-appellants, United States, et al. With him on the brief was David M. Cohen, Director. Of counsel on the brief were Stephen J. Powell, Chief Counsel for Import Administration; Elizabeth C. Seastrum, Senior Counsel; and Stacy J. Ettinger, Attorney, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, Washington, DC. Of counsel were Velta A. Melnbrencis, Attorney, and Berniece A. Browne, Attorney, Department of Justice, Washington, DC.
Paul C. Rosenthal, Collier, Shannon, Rill & Scott, PLLC, Washington, DC, argued, for defendant-appellant, Maui Pineapple Co., Ltd. With him on the brief was Lynn Duffy Maloney.
Before RICH, Circuit Judge, ARCHER, Senior Circuit Judge, and RADER, Circuit Judge.
United States Court of Appeals, Federal Circuit.
Rehearing Denied; Suggestion for Rehearing In Banc Declined October 28, 1999.
DECISION
ARCHER, Senior Circuit Judge.
The United States, the Department of Commerce (Commerce) and Maui Pineapple Co., Ltd. (Maui) (collectively Appellants) appeal from the judgment of the Court of International Trade, holding that Commerce's determinations relating to the allocation of the cost of purchased raw material — fresh pineapple fruit — between...
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