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VIRAJ GROUP, LTD. v. U.S.

No. 03-1061.

343 F.3d 1371 (2003)

VIRAJ GROUP, LTD., Plaintiff, v. UNITED STATES, Defendant-Appellant, and Carpenter Technology Corporation, Empire Specialty Steel, Inc., and The United Steel Workers of America, AFL-CIO/CLC, Defendants.

United States Court of Appeals, Federal Circuit.

September 9, 2003.

Attorney(s) appearing for the Case

Michael D. Panzera, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant. On the brief were David M. Cohen, Director; and Lucius B. Lau, Assistant Director. Of counsel on the brief were John D. McInerney, Chief Counsel for Import Administration; Berniece A. Brown, Senior Counsel; and David W. Richardson, Senior Attorney, Department of Commerce, of Washington, DC. Of counsel was Christine Sohar, Attorney, Department of Commerce.

Before LOURIE, SCHALL, and LINN, Circuit Judges.

LOURIE, Circuit Judge.

The United States appeals from the decision of the United States Court of International Trade affirming the Department of Commerce's third remand redetermination of a dumping margin. Viraj Group, Ltd. v. United States, 217 F.Supp.2d 1359 (Ct. Int'l Trade 2002) ("Viraj IV"). Because we conclude that the court failed to give priority to an express statutory provision, we reverse.

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