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HOME PRODUCTS INTERN., INC. v. U.S.

No. 2010-1184.

633 F.3d 1369 (2011)

HOME PRODUCTS INTERNATIONAL, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Since Hardware (Guangzhou) Co., Ltd., Defendant.

United States Court of Appeals, Federal Circuit.

February 7, 2011.

Attorney(s) appearing for the Case

Frederick L. Ikenson , Blank Rome LLP, of Washington, DC, argued for plaintiff-appellant.

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

Before BRYSON, DYK, and MOORE, Circuit Judges.

DYK, Circuit Judge.

This case concerns the obligation of a court to remand a case to an administrative agency when new evidence indicates that the agency's proceedings were tainted by material fraud. We hold that the Court of International Trade ("Trade Court") abused its discretion in declining to remand this case to the Department of Commerce ("Commerce"), and accordingly we reverse and remand with instructions that the case be remanded to Commerce for further proceedings...

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