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ZHEJIANG NATIVE PRODUCE & ANIMAL BY-PRODS. v. U.S.

No. 05-1058.

432 F.3d 1363 (2005)

ZHEJIANG NATIVE PRODUCE & ANIMAL BY-PRODUCTS IMPORT & EXPORT CORP., Kunshan Foreign Trade Co., China (Tushu) Super Food Import & Export Corp., High Hope International Group Jiangsu Foodstuffs Import & Export Corp., National Honey Packers & Dealers Association (Nhpda), Alfred L. Wolff, Inc., C.M. Goettsche & Co., China Products North America, Inc., D.F. International (USA) Inc., Evergreen Coyle Group, Inc., Evergreen Produce, Inc., Pure Sweet Honey Farm, Inc., and Sunland International, Inc., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee, and Sioux Honey Association and American Honey Producers Association, Defendants.

United States Court of Appeals, Federal Circuit.

December 20, 2005.

Attorney(s) appearing for the Case

Ned H. Marshak, Grunfield, Desiderio, Lebowitz, Silverman & Klestadt LLP, of New York, New York, argued for plaintiff-appellant. With him on the brief were Bruce M. Mitchell; and Mark E. Pardo, of Washington, DC. Of counsel were Jeffrey S. Grimson, of Washington, DC and Adam M. Dambrov, of New York, New York.

Reginald T. Blades, Jr., Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General and David M. Cohen, Director. Of counsel on the brief was William J. Kovatch, Jr., Attorney, Office of Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC. Of counsel were Robert LaFrankie, Berniece Browne and John D. Mclnerny, Attorneys.

Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and RADER, Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

Zhejiang Native Produce & Animal By-Products Import & Export Corporation and other importers and exporters (collectively "Zhejiang") appeal the decision of the United States Court of International Trade, holding that "critical circumstances," 19 U.S.C. § 1673(a)(3), apply to certain importations of honey from the People's Republic of China.1 We reverse the decision and remand for further proceedings...

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