CANADIAN WHEAT BOARD, Plaintiff-Appellee, and
Government of Canada, Plaintiff-Appellee, and
Government of Alberta, Plaintiff-Appellee, and
Government of Ontario, Plaintiff-Appellee, and
Government of Saskatchewan, Plaintiff-Appellee,
v.
UNITED STATES, Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
Michele Sherman Davenport , Davenport & James PLLC, of Washington, DC, for plaintiff-appellee Government of Saskatchewan.
Jeanne E. Davidson , Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for the defendant-appellant. With her on the brief were Tony West , Assistant Attorney General, Patricia M. McCarthy , Assistant Director, and Stephen C. Tosini . Of counsel was Scott D. McBride , Senior Attorney, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC.
Before NEWMAN, FRIEDMAN, and LOURIE, Circuit Judges.
United States Court of Appeals, Federal Circuit.
FRIEDMAN, Circuit Judge.
The principal question is whether, after a North American Free Trade Agreement ("NAFTA") binational panel has invalidated a federal antidumping duty order and the Department of Commerce ("Commerce") has revoked the order, the invalidated duties that had been deposited prior to the date of that determination but that had not been liquidated, may be recovered from the United States by the depositors of those duties. The Court of International...
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