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AD HOC SHRIMP TRADE ACTION COMMITTEE v. U.S.

No. 2009-1375.

596 F.3d 1365 (2010)

AD HOC SHRIMP TRADE ACTION COMMITTEE, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Thai I-Mei Frozen Foods Co., Ltd., Defendant.

United States Court of Appeals, Federal Circuit.

March 2, 2010.

Attorney(s) appearing for the Case

Nathaniel M. Rickard, Picard, Kentz & Rowe LLP, of Washington, DC, argued for plaintiff-appellant. Of counsel were Andrew W. Kentz and Kevin O'Connor.

Stephen C. Tosini, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director.

Opinion for the court filed by Circuit Judge ARCHER.Dissenting opinion filed by Circuit Judge PROST.

ARCHER, Circuit Judge.

Ad Hoc Shrimp Trade Action Committee ("AHSTAC") appeals the United States Court of International Trade's affirmance of the Department of Commerce's ("Commerce") determination in Certain Frozen Warmwater Shrimp from Thailand: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review, 72 Fed.Reg. 52,065 (Sept. 12, 2007) ("Final Results"). Ad Hoc Shrimp Trade Action Committee v. United States,

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