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ATAR S.R.L. v. U.S.

No. 2013-1001.

730 F.3d 1320 (2013)

ATAR S.R.L., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant, and American Italian Pasta Company, Dakota Growers Pasta Company, and New World Pasta Company, Defendants.

United States Court of Appeals, Federal Circuit.

September 11, 2013.

Attorney(s) appearing for the Case

David J. Craven , Riggle & Craven, of Chicago, IL, for plaintiff-appellee.

Jane C. Dempsey , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendanta-ppellant. With her on the brief were Stuart F. Delery , Deputy Principal Assistant Attorney General, Jeanne E. Davidson , Director, and Reginald T. Blades, Jr. , Assistant Director. Of counsel on the brief was Deborah R. King , Senior Attorney, Office of Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC.

Before LOURIE, BRYSON, and TARANTO, Circuit Judges.

LOURIE, Circuit Judge.

The United States, as Defendant-Appellant, appeals from the final judgment of the United States Court of International Trade (the "trade court"), which rejected calculations advanced by the Department of Commerce ("Commerce") regarding, inter alia, the profit cap applicable under 19 U.S.C. § 1677b(e)(2)(B)(iii) to merchandise sold by Italian exporter Atar S.r.l. ("Atar") in the ninth administrative review of an antidumping duty order...

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