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DESEADO INTERN., LTD. v. U.S.

No. 2009-1355.

600 F.3d 1377 (2010)

DESEADO INTERNATIONAL, LTD., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and National Candle Association, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 5, 2010.

Attorney(s) appearing for the Case

George W. Thompson, Neville Peterson LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Casey K. Richter; and John M. Peterson, of New York, NY.

Michael Dierberg, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Reginald T. Blades, Jr., Assistant Director.

Karen A. McGee, Barnes & Thornburg LLP, of Washington, DC, argued for defendant-appellee National Candle Association. With her on the brief was Randolph J. Stayin.

Before NEWMAN, FRIEDMAN, and DYK, Circuit Judges.

FRIEDMAN, Circuit Judge.

This case arises from the Department of Commerce ("Commerce")'s 1986 antidumping duty order covering petroleum wax candles from the People's Republic of China ("People's Republic"). The appeal challenges the Court of International Trade's affirmance of Commerce's refusal to consider in an administrative proceeding the appellant's contention that the antidumping duty order does not cover the candles it exported to the United States, on the...

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