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BIOPARQUES DE OCCIDENTE, S.A. v. UNITED STATES

2020-2265, 2020-2266, 2020-2267.

31 F.4th 1336 (2022)

BIOPARQUES DE OCCIDENTE, S.A. DE C.V., Agricola La Primavera, S.A. de C.V., Kaliroy Fresh LLC, Plaintiffs-Appellants v. UNITED STATES, Florida Tomato Exchange, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: April 14, 2022.

Attorney(s) appearing for the Case

Jeffrey M. Winton , Winton & Chapman PLLC, Washington, DC, argued for plaintiffs-appellants. Also represented by Michael John Chapman , Jooyoun Jeong , Vi Mai . Also argued by James P. Durling , Curtis, Mallet-Prevost, Colt & Mosle LLP, Washington, DC; Devin S. Sikes , Akin Gump Strauss Hauer & Feld LLP, Washington, DC.

Douglas Glenn Edelschick , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee United States. Also argued by Robert R. Kiepura . Also represented by Brian M. Boynton , Patricia M. McCarthy , Franklin E. White, Jr. ; Emma T. Hunter , Office of the Chief Counsel for Trade Enforcement & Compliance, United States Department of Commerce, Washington, DC.

Mary Jane Alves , Cassidy Levy Kent USA LLP, Washington, DC, argued for defendant-appellee The Florida Tomato Exchange. Also represented by James R. Cannon, Jr. , Ulrika K. Swanson , Jonathan M. Zielinski .

Before Dyk, Prost, and Taranto, Circuit Judges.

In 1996, the U.S. Department of Commerce initiated an investigation into whether fresh tomatoes from Mexico were being sold in the United States at less than fair value. After the International Trade Commission (ITC) made a preliminary determination of injury to a domestic industry from the sale of such tomatoes, Commerce...

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