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AMERICAN SILICON TECHNOLOGIES v. U.S.

No. 02-1033.

334 F.3d 1033 (2003)

AMERICAN SILICON TECHNOLOGIES and SKW Metals & Alloys, Inc., Plaintiffs, and Elkem Metals Company and Globe Metallurgical, Inc., Plaintiffs-Appellees, v. UNITED STATES, Defendant-Appellee, and Companhia Brasileira Carbureto de Calcio, Defendant-Appellant, and Companhia Ferroligas Minas Gerias-Minasligas and Rima Industrial S/A, Defendants.

United States Court of Appeals, Federal Circuit.

DECIDED: July 3, 2003.

Attorney(s) appearing for the Case

Martin Schaefermeier, Verner, Liipfert, Bernhard Mcpherson and Hand, Chartered, of Washington, DC, argued for plaintiffs-appellees. With him on the brief was William D. Kramer.

Reginald T. Blades, Jr., Senior Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; and David M. Cohen, Director. Of counsel on the brief were John D. McInerney, Chief Counsel for Import Administration; Elizabeth C. Seastrum, Senior Counsel; and John F. Koeppen, Attorney, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, of Washington, DC.

Philippe M. Bruno, Dorsey & Whitney LLP, of Washington, DC, argued for defendant-appellant. Of counsel was Rosa S. Jeong.

Before MICHEL, RADER, and PROST, Circuit Judges.

RADER, Circuit Judge.

In this silicon metal antidumping case, the United States Department of Commerce (Commerce) initially assessed the dumper's financial costs using the consolidated financial statements of its ultimate Belgian parent. The United States Court of International Trade remanded the case to Commerce with instructions to recalculate the dumping company's financial costs by examining the records of only its immediate Brazilian parent. Because the Court...

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