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UNITED STATES v. ROSES INC.

Appeal No. 82-27.

706 F.2d 1563 (1983)

The UNITED STATES, Appellant, v. ROSES INCORPORATED, Appellee.

United States Court of Appeals, Federal Circuit.

April 25, 1983.

Attorney(s) appearing for the Case

Sheila N. Ziff, of Washington, D.C., argued for the United States. With her on the brief were J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., David M. Cohen, Director and Velta A. Melnbrencis, New York City.

Eugene L. Stewart, Washington, D.C., argued for appellee. With him on the brief was Terence P. Stewart and Paul W. Jameson, Washington, D.C., of counsel.

Before NICHOLS, MILLER and SMITH, Circuit Judges.

NICHOLS, Circuit Judge.

This is an appeal by the United States from an order of the Court of International Trade (CIT) requiring the Department of Commerce to initiate an antidumping investigation, despite its prior refusal to do so. We agree with the CIT that the administrative proceedings are tainted by serious illegality, but disagree as to the remedy selected. We remand to the CIT for further proceedings in conformity with this opinion, 538 F...

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