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MELAMINE CHEMICALS, INC. v. UNITED STATES

Appeal No. 83-1364.

732 F.2d 924 (1984)

MELAMINE CHEMICALS, INC., Appellee, v. The UNITED STATES, Appellant.

United States Court of Appeals, Federal Circuit.

April 19, 1984.

Attorney(s) appearing for the Case

Francis J. Sailer, Washington, D.C., argued for appellant. With him on the brief were J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director, Washington, D.C. and Velta A. Melnbrencis, Asst. Director, New York City.

Bruce E. Clubb, Washington, D.C., argued for appellee. With him on the brief were B. Thomas Peele and Arthur L. George, Washington, D.C.

Before MARKEY, Chief Judge, COWEN, Senior Circuit Judge, and BALDWIN, Circuit Judge.

MARKEY, Chief Judge.

Appeal from the order of the United States Court of International Trade (CIT) rescinding an Amended Final Negative Determination of the Department of Commerce (Commerce), and from a judgment holding unlawful the Commerce's use of the preceding quarter's exchange rate in the fair value investigative phase of a particular anti-dumping proceeding. We vacate and reverse.

Background

On February 23, 1979, Melamine...

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