Nos. 2007-1226, 2007-1227, 2007-1254.

529 F.3d 1352 (2008)

TOKYO KIKAI SEISAKUSHO, LTD. and TKS (U.S.A.), Inc., Plaintiffs-Cross Appellants, and Mitsubishi Heavy Industries, Ltd., Plaintiff, v. UNITED STATES, Defendant-Appellant, and Goss International Corporation, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 17, 2008.

Attorney(s) appearing for the Case

Lawrence R. Walders, Sidley Austin LLP, of Washington, DC, argued for plaintiffs-cross appellants. With him on the brief were Neil R. Ellis, and Jennifer Haworth McCandless. Of counsel on the brief were Peter J. Toren, Kasowitz Benson Torres & Friedman, of New York, NY; and Hoken S. Seki, Law Offices of Hoken S. Seki, of Lake Forest, IL. Of counsel was Neil Charles Pratt, Sidley Austin LLP, of Washington, DC.

Maame A.F. Ewusi-Mensah, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant, United States. With her on the brief were Michael F. Hertz, Deputy Assistant Attorney General, Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director. Of counsel was Kent G. Huntington, Attorney. Of counsel on the brief were Michele D. Lynch, Senior Counsel, and Hardeep K. Josan, Attorney International, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC.

John R. Shane, Wiley Rein LLP, of Washington, DC, argued for defendant-appellant, Goss International Corporation. With him on the brief were Charles O. Verrill, Jr. and Eileen P. Bradner.

Before LOURIE, LINN, and PROST, Circuit Judges.

LINN, Circuit Judge.

In this antidumping case, we are asked to determine the scope of the Department of Commerce's ("Commerce's") authority to reopen proceedings tainted by fraud. Following Commerce's receipt of information indicating that Tokyo Kikai Seisakusho, Ltd. and TKS (U.S.A.), Inc. (collectively, "TKS") had provided false information during yearly administrative reviews of an existing antidumping duty order to which...

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