APEX FROZEN FOODS PRIVATE LTD. v. U.S.

2015-2085.

862 F.3d 1322 (2017)

APEX FROZEN FOODS PRIVATE LIMITED, Asvini Fisheries Private Limited, Avanti Feeds Limited, Blue Park Seafoods Private Limited, Devi Marine Food Exports Private Ltd., Kader Exports Private Limited, Kader Investment and Company Private Limited, Liberty Frozen Foods Pvt. Ltd., Liberty Oil Mills Ltd., Premier Marine Trading Products, Universal Cold Storage Private Limited, Five Star Marine Exports Private Limited, GVR Exports Private Limited, Jagadish Marine Exports, Jayalakshmi Sea Foods Private Limited, Nekkanti Seafoods Limited, Sagar Grandhi Exports Private Limited, Sai Marine Exports Private Limited, Sai Sea Foods, Sandhya Marines Limited, Sprint Exports Private Limited, Star Agro Marine Exports Private Limited, Surya Mitra Exim Private Limited, Wellcome Fisheries Limited, Plaintiffs-Appellants v. UNITED STATES, Ad Hoc Shrimp Trade Action Committee, American Shrimp Processors Association, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: July 12, 2017.


Attorney(s) appearing for the Case

ROBERT L. LAFRANKIE , Crowell & Moring, LLP, Washington, DC, argued for plaintiffs-appellants. Also represented by MATTHEW R. NICELY , Hughes Hubbard & Reed LLP, Washington, DC.

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 , PATRICIA M. McCARTHY ; SCOTT DANIEL McBRIDE , HENRY JOSEPH LOYER , United States Department of Commerce, Washington, DC.

PHILIP ANDREW BUTLER , Stewart & Stewart, Washington, DC, argued for defendant-appellee American Shrimp Processors Association. Also represented by ELIZABETH DRAKE , TERENCE PATRICK STEWART , WILLIAM ALFRED FENNELL ; EDWARD T. HAYES , Leake & Andersson, L.L.P., New Orleans, LA.

NATHANIEL RICKARD , Picard Kentz & Rowe LLP, Washington, DC, for defendant-appellee Ad Hoc Shrimp Trade Action Committee. Also represented by ROOP BHATTI , DAVID ALBERT YOCIS , WHITNEY MARIE ROLIG.

Before Newman, Clevenger, and Taranto, Circuit Judges.


Plaintiffs appeal the decision of the Court of International Trade ("CIT") affirming the U.S. Department of Commerce's ("Commerce") final results in the seventh administrative review of the antidumping duty order on certain frozen warmwater shrimp from India. Apex Frozen Foods Private Ltd. v. United States (Apex...

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