MID CONTINENT NAIL CORP. v. U.S.

Nos. 2012-1682, 2012-1683.

725 F.3d 1295 (2013)

MID CONTINENT NAIL CORPORATION, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant, and Target Corporation, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

July 18, 2013.


Attorney(s) appearing for the Case

Adam H. Gordon , Wiley Rein LLP, of Washington, DC, argued for plaintiff-appellee. With him on the brief were Robert E. Defrancesco, III , and Lori E. Scheetz. Of counsel was Charles O. Verrill, Jr.

Patricia M. McCarthy , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant United States. With her on the brief were Stuart F. Delery , Principal Deputy Assistant Attorney General, and Jeanne E. Davidson , Director. Of counsel on the brief was Nathaniel Halvorson , Attorney International, Office of Chief Counsel, for Import Trade Administration, United States Department of Commerce, of Washington, DC.

Marguerite E. Trossevin , Jochum Shore & Trossevin, PC, of Washington, DC, argued for defendant-appellant Target Corporation.

Before DYK, LINN, and PROST, Circuit Judges.


DYK, Circuit Judge.

Defendants Target Corporation and the United States appeal from a judgment of the Court of International Trade ("Trade Court") rejecting the Department of Commerce's ("Commerce") interpretation of an antidumping order on nails from the People's Republic of China. The Trade Court held that the steel nails included in certain household tool kits imported by Target were subject to the order. We vacate the judgment, and remand to the Trade Court with...

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