This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade; a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board; and a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.
Vicentin S.A.I.C. v. United States (Precedential)
This is an appeal from an antidumping investigation of biodiesel from Argentina. Appellant LDC Argentina S.A. challenges two calculations Commerce used to determine antidumping duties: export price and constructed value of the subject biodiesel.
Certain renewable fuels, such as the biodiesel at issue here, are entitled to tradeable tax credits. In calculating export price, Commerce subtracted the value of these tradeable credits, calling the credits “price adjustments” under 19 C.F.R. § 351.401(c). Because the credits fall within the regulatory definition of a “price adjustment” and substantial evidence supports the value Commerce used for the credits, we affirm Commerce’s export price calculation.
Calculating constructed normal value of biodiesel in Argentina, Commerce used an international market price for soybeans, the primary input into biodiesel, because the price of soybeans in Argentina is subsidized. Commerce also addressed the same soybean subsidy through countervailing duties. LDC argues that correcting for the soybean subsidy in the export price creates an improper double remedy. But Commerce demonstrated with substantial evidence that its constructed value calculation does not result in a double remedy. We affirm the constructed value.
Samsung Electronics Co., Ltd. v. Dynamics Inc. (Nonprecedential)
Samsung Electronics Company, Ltd., Samsung Electronics America, Inc., and Samsung Research America, Inc. (collectively, Samsung) appeal a Patent Trial and Appeal Board final written decision determining that Samsung failed to show claims 1 or 5–8 of U.S. Patent No. 8,127,153 would have been obvious under 35 U.S.C. § 103. We affirm.