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FLORIDA CITRUS MUT. v. U.S.

No. 2008-1102.

550 F.3d 1105 (2008)

FLORIDA CITRUS MUTUAL, A. Duda & Sons (doing business as Citrus Belle), Citrus World, Inc., and Southern Gardens Citrus Processing Corporation (doing business as Southern Gardens), Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee, and Fischer a/a Agroindustria, Defendant-Appellee, and Citrus Products, Inc. and Sucocitrico Cutrale Ltda, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

December 18, 2008.

Attorney(s) appearing for the Case

Matthew T. McGrath, Barnes, Richardson & Colburn, of Washington, DC, argued for plaintiffs-appellants. With him on the brief was Stephen W. Brophy.

Michael J. Dierberg, 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 Jeffrey S. Bucholtz, Acting Assistant Attorney General; Jeanne E. Davidson, Director; and Franklin E. White, Jr., Assistant Director. Of counsel on the brief was Mildred E. Steward, Senior Attorney, Office of Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC. Of counsel was Mykhaylo A. Gryzlov.

Robert G. Kalik, Kalik Lewin, of Bethesda, MD, for defendant-appellee Fischer S/A Agroindustria. With him on the brief was Brenna S. Lenchak.

Christopher Dunn, Heller Ehrman LLP, of Washington, DC, for defendants-appellees Citrus Products, Inc., and Sucocitrico Cutrale Ltda. With him on the brief was Valerie S. Ellis.

Before MICHEL, Chief Judge, and MOORE, Circuit Judge, O'GRADY, District Judge.

O'GRADY, District Judge.

The question presented in this appeal is whether the Department of Commerce ("Commerce") reasonably interpreted ambiguous language in 19 U.S.C. § 1677a(c)(2)(A). This language allows a reduction in the U.S. price of imported merchandise for "United States import duties" before that domestic price is compared against the foreign price in an antidumping analysis. The court finds Commerce's interpretation reasonable because it accords with...

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