NEW MEXICO GARLIC GROWERS COALITION v. U.S.

2019-1404.

953 F.3d 1358 (2020)

NEW MEXICO GARLIC GROWERS COALITION, El Bosque Farm, Plaintiffs-Appellants. Qingdao Tiantaixing Food Co., Ltd., Shandong Jinxiang Zhengyang Import & Export Co., Ltd., Jining Alpha Food Co., Ltd., Plaintiffs v. UNITED STATES, Zhengzhou Harmoni Spice Co., Ltd., Harmoni International Spice, Inc., Fresh Garlic Producers Association, Christopher Ranch L.L.C., The Garlic Company, Valley Garlic, Vessey and Company, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: March 27, 2020.


Attorney(s) appearing for the Case

Anthony Lawrence Lanza , Brodie Hugh Smith , Lanza & Smith, Irvine, CA, argued for plaintiffs-appellants.

Meen Geu Oh , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee United States. Also represented by Joseph H. Hunt , Reginald Thomas Blades, Jr. , Jeanne Davidson ; Emma T. Hunter , Office of the Chief Counsel for Trade Enforcement & Compliance, United States Department of Commerce, Washington, DC.

Ned H. Marshak , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, New York, NY, argued for defendants-appellees Zhengzhou Harmoni Spice Co., Ltd., Harmoni International Spice, Inc. Also represented by Bruce M. Mitchell , Alan Lebowitz ; Jordan Charles Kahn , Kavita Mohan , Andrew Thomas Schutz , Washington, DC.

John M. Herrmann , Kelley Drye & Warren, LLP, Washington, DC, argued for defendants-appellees Fresh Garlic Producers Association, Christopher Ranch L.L.C., The Garlic Company, Valley Garlic, Vessey and Company, Inc. Also represented by Michael J. Coursey , Joshua Morey .

Before Moore, Schall, and Taranto, Circuit Judges.


This is an antidumping case. It arises out of the 21st administrative review ("AR 21") of the antidumping duty order on fresh garlic from the People's Republic of China ("China" or "PRC"). On appeal before us is the decision of the United States Court of International Trade sustaining the Department of Commerce's ("Commerce...

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