DELVERDE, SRL v. U.S.

No. 99-1186.

202 F.3d 1360 (2000)

DELVERDE, SRL and Delverde USA, Inc., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee. v. Borden, Inc., Hershey Foods Corp. and Gooch Foods, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

February 2, 2000.


Attorney(s) appearing for the Case

Lawrence J. Bogard, Neville, Peterson & Williams, Washington, DC, argued for plaintiffs-appellants. Of counsel on the brief was Constantino P. Suriano, Mound, Cotton & Wollan, New York, NY.

A. David Lafer, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for defendant-appellee, United States. With him on the brief were David W. Ogden, Acting Assistant Attorney General, and David M. Cohen, Director. Of counsel on the brief were Stephen J. Powell, Chief Counsel; Elizabeth C. Seastrum, Senior Counsel, and Terrence J. McCartin, Senior Counsel, Office of Chief Counsel for Import Administration, Department of Commerce, Washington, DC.

Lynn Duffy Maloney, Collier, Shannon, Rill & Scott, PLLC, Washington, DC, argued for defendants-appellees, Borden, Inc., et al. On the brief were Paul C. Rosenthal, Kathleen Weaver Cannon, and John M. Herrmann.

John A. Ragosta, Dewey Ballantine LLP, Washington, DC, for amici curiae Bethlehem Steel Corp., et al. With him on the brief were John R. Magnus, and Dominic L. Bianchi. Of counsel on the brief were John J. Mangan, and Stephen Narkin, Skadden, Arps, Slate, Meagher & Flom LLP, Washington, DC.

Sheldon E. Hochberg, Steptoe & Johnson LLP, Washington, DC, for amicus curiae, British Steel Engineering Steels Limited. With him on the brief were Richard O. Cunningham and Peter Lichtenbaum.

Before LOURIE, CLEVENGER, and GAJARSA, Circuit Judges.


LOURIE, Circuit Judge.

Delverde, SrL ("Delverde") and Delverde USA, Inc. appeal from the September 25, 1998 decision of the United States Court of International Trade affirming the Department of Commerce's ("Commerce's") countervailing duty determination. See Delverde, SrL v. United States, 24 F.Supp.2d 314 (Ct. Int'l Trade 1998) ("Delverde II"). Because Commerce's methodology for determining whether Delverde...

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