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

No. 2010-1027.

618 F.3d 1316 (2010)

AD HOC SHRIMP TRADE ACTION COMMITTEE, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Grobest & I-Mei Industrial (Vietnam) Co., Ltd., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 8, 2010.

Attorney(s) appearing for the Case

Kevin M. O'Connor , Picard, Kentz & Rowe LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Nathaniel Rickard , Andrew W. Wentz , and David A. Yocis.

Stephen C. Tosini , 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 Patricia M. McCarthy , Assistant Director.

Matthew R. Nicely , Thompson Hine LLP, of Washington, DC, argued for defendant-appellee Grobest & I-Mei Industrial (Vietnam) Co., Ltd. With him on the brief was Christopher M. Rassi.

Before RADER, Chief Judge, BRYSON and DYK, Circuit Judges.

RADER, Chief Judge.

The Court of International Trade denied Ad Hoc Shrimp Trade Action Committee's ("Ad Hoc") motion for judgment upon the agency record following the first administrative review of an antidumping duty order covering certain frozen warmwater shrimp from the Socialist Republic of Vietnam. Ad Hoc Shrimp Trade Action Comm. v. United States, 31 I.T.R.D. (BNA) 1855 (Ct. Int'l Trade 2009). Because the Court of International Trade should have affirmed...

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