F.LLI DE CECCO DI FILIPPO FARA S. MARTINO v. U.S.

No. 99-1318.

216 F.3d 1027 (2000)

F.LLI De CECCO DI FILIPPO FARA S. MARTINO S.p.A., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant, and Borden, Inc., Gooch Foods, Inc., and Hershey Foods Corp. (now New World Pasta, LLC), Defendants.

United States Court of Appeals, Federal Circuit.

June 16, 2000.


Attorney(s) appearing for the Case

David D. Howe, Gilbert, Segall, and Young LLP, of New York, New York, argued for plaintiff-appellee. With him on the brief was Jeffrey E. Livingston. Of counsel were Anthony J. Harwood and Lawrence C. Drucker.

Erin E. Powell, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant. On the brief were David W. Ogden, Acting Assistant Attorney General, and David M. Cohen, Director. Of counsel was Patrick V. Gallagher, U.S. Department of Commerce, of Washington, DC.

Paul C. Rosenthal, Collier Shannon, Rill & Scott, PLLC, of Washington, DC, for defendants. Of counsel were David C. Smith, Jr., Adam H. Gordon, and John Martin Herrmann.

Before MAYER, Chief Judge, MICHEL and SCHALL, Circuit Judges.


Opinion for the court filed by Circuit Judge MICHEL. Opinion concurring-in-part, dissenting-in part filed by Circuit Judge SCHALL.

MICHEL, Circuit Judge.

The United States appeals from the decision of the United States Court of International Trade in this anti-dumping duty case, Borden, Inc., Gooch Foods, Hershey Foods Corp. v. United States, No. 96-08-01970 (Ct. Int'l Trade Dec. 16, 1998) ("Borden II"...

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