NINGBO DAFA CHEMICAL FIBER CO., LTD. v. U.S.

No. 2009-1056.

580 F.3d 1247 (2009)

NINGBO DAFA CHEMICAL FIBER CO., LTD., Consolidated Fibers, Inc., Fibertex Corporation, and Stein Fibers, Ltd., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee, and Dak Americas LLC and Nan Ya Plastics Corporation America, Defendants-Appellees, and Wellman, Inc., Defendant.

United States Court of Appeals, Federal Circuit.

September 2, 2009.


Attorney(s) appearing for the Case

Gregory S. Menegaz, DeKieffer & Horgan, of Washington, DC, argued for plaintiffs-appellants Ningbo Dafa Chemical Fiber Co., Ltd., et al. With him on the brief was James K. Horgan.

Stephen C. Tosini, 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 Michael F. Hertz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director.

David C. Smith, Kelley Drye & Warren LLP, of Washington, DC, argued for defendants-appellees Dak Americas LLC, et al. With him on the brief was Paul C. Rosenthal.

Before MICHEL, Chief Judge, LINN, Circuit Judge, and ST. EVE, District Judge.


ST. EVE, District Judge.

This appeal concerns an antidumping investigation of recycled polyester staple fiber ("PSF") from China. In its Final Determination from that investigation, the United States Department of Commerce ("Commerce") imposed a 4.86% antidumping duty on Ningbo Dafa Chemical Fiber Company, Ltd. ("Ningbo"). Certain Polyester Staple Fiber from the People's Republic of China, 72 Fed.Reg. 19,690 (Dep't

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