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TARGET CORP. v. U.S.

Nos. 2009-1518, 2009-1519.

609 F.3d 1352 (2010)

TARGET CORPORATION, Qingdao Kingking Applied Chemistry Co., Ltd., Dalian Talent Gift Co., Ltd., Shanghai Autumn Light Enterprise Co., Ltd., Zhongshan Zhongnam Candle Manufacturer Co., Ltd., Amstar Business Co., Ltd., Jiaxing Moonlight Candle Art Co., Ltd., and Shonfeld's (USA), Inc., Plaintiffs, and Nantucket Distributing Co., Inc., Plaintiff-Appellant, and Specialty Merchandise Corporation, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and National Candle Association, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 21, 2010.

Attorney(s) appearing for the Case

Ned H. Marshak, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of New York, NY, argued for all plaintiffs-appellants. With him on the brief for Nantucket Distributing Co. Inc. were Max F. Schutzman and Andrew T. Schutz. Counsel for plaintiff-appellant Specialty Merchandise Corporation were Jeffrey S. Neeley, Stephen W. Brophy and Matthew T. McGrath, Barnes, Richardson & Colburn, of Washington, DC.

Michael J. 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 Franklin E. White, Jr., Assistant Director. Of counsel was Antonia R. Soares, Trial Attorney.

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 RADER, Chief Judge, GAJARSA, and PROST, Circuit Judges.

GAJARSA, Circuit Judge.

This case comes to us on appeal from the Court of International Trade. At issue is whether the Court of International Trade correctly sustained the U.S. Department of Commerce's ("Commerce") final affirmative circumvention determination that petroleum wax candles with 50% or more vegetable wax ("mixed-wax candles") are later-developed merchandise covered by the antidumping duty order on petroleum wax candles from China. Target Corp. v. United...

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