Renesas Technology America, Inc. v. United States , 140 F. App'x 943 ( 2005 )

NOTE: Pursuant to Fed. Cir. R. 47.6, this disposition
is not citable as precedent. It is a public record.
United States Court of Appeals for the Federal Circuit
04-1473, -1474
RENESAS TECHNOLOGY AMERICA, INC.,
Plaintiff-Appellee,
v.
UNITED STATES,
Defendant-Appellant,
and
MICRON TECHNOLOGY, INC.,
Defendant-Appellant.
__________________________
DECIDED: July 1, 2005
__________________________
Before NEWMAN, MAYER, and CLEVENGER, Circuit Judges.
CLEVENGER, Circuit Judge.
The government appeals the final decision of the United States Court of
International Trade granting summary judgment to Renesas Technology America, Inc.
("the appellee"). See Renesas Tech. Am., Inc. v. United States, No. 00-00114 (Ct. Int'l
Trade Aug. 18, 2003) ("Renesas").
The relevant facts and issues raised by the parties in this case are materially
indistinguishable from those in Nissei Sangyo Am., Ltd. v. United States, No. 04-1469,
-1492 (Fed. Cir. July 1, 2005) ("Nissei Sangyo"). As discussed in Nissei Sangyo, this
court's decisions in Consolidated Bearings Co. v. United States, 348 F.3d 997 (Fed. Cir.
2003) ("Consolidated Bearings I") and Consolidated Bearings Co. v. United States,
No. 04-1556 (Fed. Cir. June 21, 2005) ("Consolidated Bearings II") foreclose the
appellee's arguments. In those cases, this court held that an unreviewed reseller is not
statutorily entitled to the manufacturer's review rate and that the Department of
Commerce ("Commerce") has consistently liquidated unreviewed entries at the cash
deposit rate. Therefore the instructions from Commerce in this case ordering Customs
to liquidate appellee's entries at the cash deposit rate were in accordance with law and
were not arbitrary, capricious, or an abuse of discretion.
In accordance with the decisions in Consolidated Bearings I, Consolidated
Bearings II, and Nissei Sangyo, we must reverse the decision of the Court of
International Trade.
04-1473, -1474 2