PESQUERA MARES AUSTRALES LTDA. v. U.S.

No. 00-1427.

266 F.3d 1372 (2001)

PESQUERA MARES AUSTRALES LTDA., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Coalition for Fair Atlantic Salmon Trade, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED September 25, 2001.


Attorney(s) appearing for the Case

Michael T. Shor, Arnold & Porter, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Kevin T. Traskos.

Lucius B. Lau, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee, United States. With him on the brief was David M. Cohen, Director. Of counsel on the brief were John D. McInerney, Acting Chief Counsel; Berniece A. Browne, Senior Counsel; and Robert J. Heilferty, Senior Attorney, Office of Chief Counsel for Import Administration, Department of Commerce, of Washington, DC.

Michael J. Coursey, Collier Shannon Scott, PLLC, of Washington, DC, for defendant-appellee, Coalition for Fair Atlantic Salmon Trade. With him on the brief were David C. Smith, Jr., and John M. Herrmann.

Before MICHEL, SCHALL, and DYK, Circuit Judges.


DYK, Circuit Judge.

This case presents the question whether the Department of Commerce's ("Commerce") interpretation of the phrase "identical in physical characteristics" by reference to commercial practice is consistent with the antidumping statute (codified in pertinent part at 19 U.S.C. § 1677(16)(A)) and, if so, whether it is reasonable. We conclude that Commerce's use of commercial practice to inform its interpretation of the phrase is not foreclosed by...

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