APEX EXPORTS v. U.S.

No. 2014-1234.

777 F.3d 1373 (2015)

APEX EXPORTS, and Falcon Marine Exports Limited, Plaintiffs-Appellees, v. UNITED STATES, Defendant-Appellee, and Ad Hoc Shrimp Trade Action Committee, Defendant-Appellant, and American Shrimp Processors Association, Defendant.

United States Court of Appeals, Federal Circuit.

February 5, 2015.


Attorney(s) appearing for the Case

Lizbeth R. Levinson , Kutak Rock LLP, of Washington, DC, argued for plaintiff-appellees. With her on the brief was Ronald M. Wisla.

Joshua E. Kurland , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Stuart F. Delery , Assistant Attorney General, Jeanne E. Davidson , Director, and Patricia M. McCarthy , Assistant Director. Of counsel on the brief was Scott D. McBride , Senior Attorney, Office of the Chief Counsel for Trade Enforcement & Compliance, United States Department of Commerce, of Washington, DC.

David A. Yocis , Picard Kentz & Rowe LLP, of Washington, DC, argued for defendant-appellant. With him on the brief were Andrew W. Kentz , Jordan C. Kahn , and Nathaniel Maandig Rickard.

Before NEWMAN, CLEVENGER, and DYK, Circuit Judges.


Ad Hoc Shrimp Trade Action Committee appeals the final decision of the Court of International Trade ("CIT"), sustaining the refusal by the Department of Commerce ("Commerce") to deduct antidumping duties when calculating an export price. Apex Exports v. United States, No. 11-00291, 2013 WL 6978901 (Ct.Int'l Trade...

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