ITOCHU BLDG. PRODUCTS v. U.S.

No. 2013-1044.

733 F.3d 1140 (2013)

ITOCHU BUILDING PRODUCTS, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 19, 2013.


Attorney(s) appearing for the Case

Ned H. Marshak , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP, of New York, NY, argued for plaintiff-appellant. With him on the brief were Bruce M. Mitchell , Andrew T. Schutz and Kavita Mohan.

Ryan M. Majerus , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. On the brief were Stuart F. Delery , Principal Deputy Assistant Attorney General, Jeanne E. Davidson , Director, Carrie A. Dunsmore , Trial Attorney. Of counsel on the brief was Nathaniel Halvorson , Attorney, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC. Of counsel was Melissa M. Devine , Attorney, United States Department of Justice, of Washington, DC.

Before LOURIE, BRYSON, and TARANTO, Circuit Judges.


TARANTO, Circuit Judge.

Itochu Building Products asked the United States Department of Commerce to act under 19 U.S.C. § 1675(b) to revoke part of an antidumping-duty order applicable to imported steel nails. Before Commerce issued its preliminary determination to do so, Itochu submitted comments, met with Commerce officials, and provided legal authority to urge that the requested partial revocation take effect at an early specified date. Commerce rejected that...

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