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CS WIND VIETNAM CO., LTD. v. U.S.

2015-1850.

832 F.3d 1367 (2016)

CS WIND VIETNAM CO., LTD., CS Wind Corporation, Plaintiffs-Appellants v. UNITED STATES, Wind Tower Trade Coalition, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: August 12, 2016.

Attorney(s) appearing for the Case

NED H. MARSHAK , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, New York, NY, argued for plaintiffs-appellants. Also represented by BRUCE M. MITCHELL ; DHARMENDRA NARAIN CHOUDHARY , KAVITA MOHAN , ANDREW THOMAS SCHUTZ , Washington, DC; ANDREW SCHROTH , Hong Kong, China.

JOSHUA E. KURLAND , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee United States. Also represented by BENJAMIN C. MIZER , JEANNE E. DAVIDSON , REGINALD T. BLADES, JR.

ROBERT E. DEFRANCESCO III , Wiley Rein, LLP, Washington, DC, for defendant-appellee Wind Tower Trade Coalition. Also represented by DANIEL B. PICKARD , DERICK HOLT , USHA NEELAKANTAN .

Before PROST, Chief Judge, TARANTO and CHEN, Circuit Judges.

The Commerce Department determined that a Vietnamese manufacturer of wind towers was selling its products in the United States at about 51.5% below normal value, a figure that Commerce calculated using methods made applicable by statute when imported goods come from a non-market...

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