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THAI I-MEI FROZEN FOODS CO., LTD. v. U.S.

No. 2009-1516.

616 F.3d 1300 (2010)

THAI I-MEI FROZEN FOODS CO., LTD., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 12, 2010.

Attorney(s) appearing for the Case

Michael T. Gershberg , Steptoe & Johnson LLP, of Washington, DC, argued for plaintiff-appellee.

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

Before LOURIE, MAYER, and LINN, Circuit Judges.

LOURIE, Circuit Judge.

The government appeals from the decision of the United States Court of International Trade ("the Trade Court") holding unreasonable the Department of Commerce's ("Commerce's") interpretation of its governing statute and concluding that the constructed value profit rate was not determined according to a reasonable method. See Thai I-Mei Frozen Foods Co., Ltd. v. United States, 572 F.Supp.2d 1353<...

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