United States Federal Circuit

A final judgment of the United States Court of International Trade that the Department of Commerce's latest administrative review of dumping by eight foreign pasta exporters, including plaintiff, was void ab initio as to plaintiff, is reversed where rescission of the completed administrative review was not a proper remedy for lack of service to plaintiff in this case because plaintiff did not demonstrate substantial prejudice.

Appellate Information

• Decided 09/13/2006
• Published 09/13/2006

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, FRIEDMAN, Senior Circuit Judge, and MAYER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• David L. Simon, Law Office of David L. Simon, of Washington, DC, argued for plaintiff-appellee., David C. Smith, Jr., Collier, Shannon, Scott, PLLC, of Washington, DC, argued for defendants-appellants A. Zerega's & Sons, et al.   With him on the brief was Paul C. Rosenthal., Patricia M. McCarthy Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC., argued for defendant-appellant United States.   With her on the brief were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director.   Of counsel was Mykhaylo A. Gryzlov, Attorney International, Office of the General Counsel, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC.