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THAI PINEAPPLE CANNING INDUSTRY CORP. v. U.S.

No. 00-1445.

273 F.3d 1077 (2001)

THAI PINEAPPLE CANNING INDUSTRY CORP. and Mitsubishi International Corp., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee, and Maui Pineapple Co., Ltd. and International Longshoremen's and Warehousemen's Union, Defendants.

United States Court of Appeals, Federal Circuit.

DECIDED: December 6, 2001.

Attorney(s) appearing for the Case

Arthur J. Lafave, III, Dickstein Shapiro Morin & Oshinsky LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Douglas N. Jacobson, and Shibani Malhotra.

Lucius B. Lau, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-cross appellant. On the brief was David M. Cohen, Director. Of counsel were Berniece A. Browne, John D. McInerney, David W. Richardson, and Scott McBride, Attorney, Department of Commerce, of Washington, DC.

Before LOURIE, Circuit Judge, PLAGER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

PLAGER, Senior Circuit Judge.

This case involves the determination of antidumping duties for canned pineapple fruit ("CPF") from Thailand. Thai Pineapple Canning Industry Corporation ("TPC") raises two issues on appeal from the Court of International Trade. First, TPC challenges the methodology used in this case by the Department of Commerce ("Commerce") to determine cost of production and constructed value. The question is what is the proper methodology in computing...

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