HYNIX SEMICONDUCTOR, INC. v. U.S.

Nos. 04-1417, 04-1427, 04-1433.

424 F.3d 1363 (2005)

HYNIX SEMICONDUCTOR, INC. and Hynix Semiconductor America, Inc., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Cross Appellant, and Micron Technology, Inc., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

October 5, 2005.


Attorney(s) appearing for the Case

James P. Durling, Willkie Farr & Gallagher LLP, of Washington, DC, argued for plaintiffs-appellants. On the brief were Daniel L. Porter, Carrie L. Owens, and Robert E. DeFrancesco, III. Of counsel was Christopher Dunn.

David D'Alessandris, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-cross appellant United States. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Jeanne E. Davidson, Assistant Director. Of counsel on the brief were John D. McInerney, Acting Chief Counsel for Import Administration, Berniece A. Browne, Chief, Antidumping Litigation, and Patrick V. Gallagher, Jr., Senior Counsel, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC.

Daniel L. Schneiderman, King & Spalding LLP, of Washington, DC, argued for defendant-cross appellant Micron Technology, Inc. With him on the brief was Gilbert B. Kaplan. Of counsel were Jeffrey M. Telep and Cris R. Revaz.

Before MAYER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and DYK, Circuit Judge.


Opinion for the court filed by Circuit Judge MAYER.

Opinion concurring in-part and dissenting in-part filed by Circuit Judge DYK.

MAYER, Circuit Judge.

Hynix Semiconductor, Inc. and Hynix Semiconductor America, Inc. (collectively "Hynix")1 appeal the judgments of the Court of International Trade, which upheld several aspects of the final antidumping determination in the seventh administrative

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