SKF USA INC., SKF France S.A., Sarma, SKF GmbH, SKF Industrie S.p.A., and SKF Sverige AB, Plaintiffs-Appellants,
v.
UNITED STATES, Defendant-Appellee, and
The Torrington Company, Defendant-Appellee.
Fag Kugelfischer Georg Schafer AG, FAG Italia S.p.A., Barden Corporation (U.K.) Ltd., FAG Bearings Corporation, and The Barden Corporation, Plaintiffs-Appellants,
v.
United States, Defendant-Appellee, and
The Torrington Company, Defendant-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
August 24, 2001.
August 24, 2001.
Attorney(s) appearing for the Case
Herbert C. Shelley, Steptoe & Johnson LLP, of Washington, DC, argued for plaintiffs-appellants in 00-1423, SKF USA Inc., et al. Of counsel was Alice A. Kipel.
Max F. Schutzman, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of New York, NY, argued for plaintiffs-appellants in 00-1465, the Barden Corporation, et al. With him on the brief were Andrew B. Schroth, and Mark E. Pardo. Of counsel was Adam M. Dambrov. Also of counsel was Jeffrey S. Grimson, of Washington, DC.
Velta A. Melnbrencis, Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant-appellee in 00-1423 and 00-1465, United States. With her on the brief was David M. Cohen, Director. Of counsel on the brief were John D. McInerney, Acting Chief Counsel for Import Administration, U.S. Department of Commerce, Berniece A. Browne, Senior Counsel, and David R. Mason.
Geert De Prest, Stewart and Stewart, of Washington, DC, argued for defendant-appellee in 00-1423 and 00-1465, the Torrington Company. With him on the brief was Terence P. Stewart. Of counsel were Wesley K. Caine, and Lane S. Hurewitz.
Before MICHEL, SCHALL, and DYK, Circuit Judges.
United States Court of Appeals, Federal Circuit.
DYK, Circuit Judge.
These consolidated cases present the question whether the Department of Commerce ("Commerce") properly calculated the profit component of a constructed value determination under 19 U.S.C. § 1677b(e)(2)(A). In each of these two cases, the Court of International Trade sustained Commerce's methodology. We hold that Commerce has failed to adequately explain why it has interpreted the phrase "foreign like product" differently in 19 U.S.C. §...
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