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SUNTEC INDUSTRIES CO., LTD. v. U.S.

2016-2093.

857 F.3d 1363 (2017)

SUNTEC INDUSTRIES CO., LTD., Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee Mid Continent Nail Corporation, Defendant

United States Court of Appeals, Federal Circuit.

Decided: May 30, 2017.

Attorney(s) appearing for the Case

MARK B. LEHNARDT , Antidumping Defense Group, LLC, Washington, DC, argued for plaintiff-appellant.

STEPHEN CARL TOSINI , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by BENJAMIN C. MIZER , JEANNE E. DAVIDSON , PATRICIA M. McCARTHY ; MICHAEL THOMAS GAGAIN , Office of the Chief Counsel for Import Administration, United States Department of Commerce, Washington, DC.

Dissenting opinion filed by Circuit Judge Newman.

This case arises from the U.S. Department of Commerce's third administrative review of its antidumping-duty order covering certain steel nails from China. Mid Continent Nail Corporation, a domestic entity, asked Commerce to initiate the third administrative review to determine the proper duty rates for the covered period...

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