PARKDALE INTERN v. U.S.

No. 2006-1386.

475 F.3d 1375 (2007)

PARKDALE INTERNATIONAL, Plaintiff-Appellant, and Russell Metals Export, Plaintiff, v. UNITED STATES, Defendant-Appellee, and United States Steel Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 9, 2007.


Attorney(s) appearing for the Case

Richard P. Ferrin, Hunton & Williams LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief was William Silverman.

David S. Silverbrand, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States. With him on the brief were David M. Cohen, Director, and Patricia M. McCarthy, Assistant Director. Of counsel on the brief were John D. McInerney, Chief Counsel; Berniece A. Browne, Senior Counsel; and Kemba T. Eneas, Attorney, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC.

Jeffrey D. Gerrish, Skadden, Arps, Slate, Meagher & Flom, LLP, of Washington, DC, argued for defendant-appellee United States Steel Corporation. With him on the brief were John J. Mangan and Robert E. Lighthizer.

Before MAYER, RADER and GAJARSA, Circuit Judges.


MAYER, Circuit Judge.

Parkdale International ("Parkdale") appeals the judgment of the United States Court of International Trade denying its motion for summary judgment on the agency record.* Parkdale Int'l v. United States, 429 F.Supp.2d 1324 (Ct. Int'l Trade 2006). Because the Department of Commerce's ("Commerce") application of its May 6, 2003, reseller policy to Parkdale's subject entries...

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