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QVD FOOD CO., LTD. v. U.S.

No. 2010-1541.

658 F.3d 1318 (2011)

QVD FOOD CO., LTD., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Catfish Farmers of America, America's Catch, Country Select Catfish, Delta Pride Catfish, Inc., Harvest Select Catfish, Inc., Heartland Catfish Company, Pride of the Pond, and Simmons Farm Raised Catfish, Inc., Defendants.

United States Court of Appeals, Federal Circuit.

September 12, 2011.

Attorney(s) appearing for the Case

Mark E. Pardo , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Ned H. Marshak and Andrew T. Schutz.

Melissa Devine , Trial Attorney, Civil Division, Commercial Litigation Branch, United States Department of Justice, of Washington, DC, argued for defendant-appellee. On the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, Franklin E. White, Jr. , Assistant Director, and Richard P. Schroeder , Trial Attorney. Of counsel on the brief was David W. Richardson , United States Department of Commerce, Office of Chief Counsel for Import Administration, of Washington, DC.

Opinion for the court filed by Circuit Judge BRYSON. Dissenting opinion filed by Circuit Judge NEWMAN.

BRYSON, Circuit Judge.

I

This case concerns the fourth administrative review of an antidumping duty order on imports of frozen fish fillets from Vietnam. The fish that are the subject of the order are of the genus pangasius ("pangas fish"), which compete with domestic catfish in the retail fish market in this country. The period of review covered August 2006 through July 2007 and resulted in the assessment of duties against several Vietnamese manufacturers...

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