Fed. Circ. Asked To Consider Commerce's Profit Cap Approach

Law360, New York (February 7, 2013, 6:22 PM EST) -- The U.S. urged the Federal Circuit on Monday to overturn a decision that lowered a dumping margin on pasta imported by Italy-based Atar SRL, saying it was within its discretion when it filled a “gap” in the relevant statute when it came up with a methodology for calculating profit cap margin.

The government is asking the Federal Circuit to overturn part of a U.S. Court of International Trade judge's determination that the profit cap calculation Commerce used in the case was flawed. In its brief, the...
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