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GALLANT OCEAN (THAILAND) CO., LTD. v. U.S.

No. 2009-1282.

602 F.3d 1319 (2010)

GALLANT OCEAN (THAILAND) CO., LTD., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 16, 2010.

Attorney(s) appearing for the Case

Robert G. Gosselink, Trade Pacific PLLC, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Jonathan M. Freed and Ji Hyun Tak.

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

Before RADER, MOORE Circuit Judges, and WILKEN, District Judge.

RADER, Circuit Judge.

Gallant Ocean (Thailand) Co., Ltd. ("Gallant") appeals from a final judgment of the United States Court of International Trade concerning its importation of frozen warmwater shrimp. The Court of International Trade affirmed a decision of the United States Department of Commerce ("Commerce") to apply an adverse facts available ("AFA") rate of 57.64% against Gallant. Gallant Ocean (Thailand) Co., Ltd. v. United States,

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