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ZHEJIANG DUNAN HETIAN METAL CO., LTD. v. U.S.

No. 2010-1367.

652 F.3d 1333 (2011)

ZHEJIANG DUNAN HETIAN METAL CO., LTD., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Parker-Hannifin Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied August 25, 2011.

Attorney(s) appearing for the Case

Mark E. Pardo, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Andrew T. Schutz.

L. Misha Preheim, 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. Of counsel on the brief was Joanna Theiss, Attorney, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC.

Donald R. Dinan, Roetzel & Andress, LPA, of Washington, DC, argued for defendant-appellee Parker-Hannifin Corporation. With him on the brief was Craig A. Koenigs.

Before RADER, Chief Judge, MOORE and O'MALLEY, Circuit Judges.

O'MALLEY, Circuit Judge.

Zhejiang DunAn Hetian Metal Co. ("DunAn") appeals the decision of the United States Court of International Trade denying DunAn's Motion for Judgment Upon the Agency Record. This court has jurisdiction pursuant to 28 U.S.C. § 1295(a)(5). On appeal, DunAn raises three issues: whether (1) the United States Department of Commerce ("Commerce") erred in calculating the surrogate value for brass bar by including shipments from Japan, France...

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