SNR ROULEMENTS, Plaintiff-Appellee, and
SKF USA INC., SKF France S.A., and Sarma, Plaintiffs,
v.
United States, Defendant-Appellant, and
The Torrington Company (now known as Timken U.S. Corporation), Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
April 6, 2005.
April 6, 2005.
Attorney(s) appearing for the Case
Max F. Schutzman, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of New York, New York, argued for plaintiff-appellee SNR Roulements. With him on the brief were Bruce M. Mitchell and Adam M. Dambrov. Of counsel were Jeffrey S. Grimson and Mark E. Pardo, of Washington, DC.
Stephen C. Tosini, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant United States. On the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; Jeanne E. Davidson, Deputy Director; and Michael D. Panzera, Attorney. Of counsel on the brief was Philip Curtin, Attorney, Office of Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC. Of counsel were John D. McInerney, Berniece A. Browne, David R. Mason, and John F. Koeppen, United States Department of Commerce.
Geert M. De Prest, Stewart and Stewart, of Washington, DC, argued for defendant-appellant The Torrington Company, etc. With him on the brief were Terence P. Stewart, William A. Fennell, and Lane S. Hurewitz. Of counsel was Wesley K. Caine.
Before CLEVENGER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.
United States Court of Appeals, Federal Circuit.
CLEVENGER, Circuit Judge.
The United States and The Torrington Company ("Torrington") appeal the decision of the United States Court of International Trade that the Department of Commerce ("Commerce") is statutorily required to include imputed credit and inventory carrying costs in "total expenses" when those costs are included in "total United States expenses" for the purpose of calculating constructed export price profit.1See SNR...
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