United States Federal Circuit

Sua sponte dismissal of plaintiffs' challenge to the Department of Commerce's determination to exclude "dusted shrimp" from the scope of its antidumping investigation of various frozen and canned shrimp products is affirmed in part and vacated in part where: 1) the trial court correctly held that it was without power to order DOC to amend the antidumping order itself; but 2) it erred in holding that it did not have power to review DOC's final scope determination.

Appellate Information

• Decided 02/15/2008
• Published 02/15/2008

Judges

• GAJARSA, Circuit Judge., Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Bradford L. Ward, Dewey Ballantine LLP, of Washington, DC, argued for plaintiffs-appellants.   With him on the brief were Rory F. Quirk, Mayur R. Patel, and Lisa W. Wang.


• For Appellees:
  
• Stephen C. Tosini, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States.   With him on the brief were Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director., Michael J. Coursey, Kelley DryeCollier Shannon, of Washington, DC, argued for defendant-appellee Eastern Fish Company, Inc. Of counsel was Mary T. Staley.