PAM, S.P.A. v. U.S.

No. 2009-1066.

582 F.3d 1336 (2009)

PAM, S.P.A., Plaintiff-Appellant, and JCM, Ltd., Plaintiff, v. UNITED STATES, Defendant-Appellee, and A. Zerega's and Sons, Defendant, and American Italian Pasta Company, New World Pasta Company, and Dakota Growers Pasta Company, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

September 24, 2009.


Attorney(s) appearing for the Case

David L. Simon, Law Office of David L. Simon, of Washington, DC, argued for plaintiff-appellant.

Jane C. Dempsey, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States. With her on the brief were Michael F. Hertz, Assistant Attorney General, Jeanne E. Davidson, Director, and Reginald T. Blades, Jr., Assistant Director.

Mary T. Staley, Kelley Drye & Warren LLP, of Washington, DC, argued for defendants-appellees American Italian Pasta Company, et al. With her on the brief were David C. Smith, Jr. and Paul C. Rosenthal.

Before MICHEL, Chief Judge, LOURIE, Circuit Judge, and CLARK, District Judge.


CLARK, District Judge.

Appellant PAM, S.p.A. ("PAM") appeals from a final judgment of the United States Court of International Trade ("CIT") concerning pasta imported into the United States by PAM. The CIT affirmed a remand determination issued by the Department of Commerce ("Commerce") in compliance with the CIT's earlier order directing Commerce to explain and recalculate an adverse-facts-available ("AFA") antidumping...

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