Legal Opinion

Pam, S.P.A., and Jcm, Ltd. v. United States, and A. Zerega's & Sons, Dakota Growers Pasta Co., New World Pasta Co., and American Italian Pasta Co.

Court of Appeals for the Federal Circuit

Decided September 13, 2006No. 06-1084, 06-1085PublishedCited by 31 opinions

1Opinion of the Court

MICHEL, Chief Judge.

The United States and its co-defendants, various domestic pasta producers, appeal the final judgment of the United States Court of International Trade that the Department of Commerce’s (“Commerce”) latest administrative review of dumping by eight foreign pasta exporters, including PAM, S.p.A. (“PAM”), was void ab initio as to PAM because the domestic petitioners failed to serve PAM as required by 19 C.F.R. § 351.308(9(3)(ii). PAM, S.p.A. v. United States, 395 F.Supp.2d 1337 (Ct. Int’l Trade 2005). In so holding, the Court of International Trade reasoned that strict…

2Cases cited4 opinions

  1. American Farm Lines v. Black Ball Freight ServiceSupreme Court of the United States · 1970
  2. Intercargo Insurance Company F/k/a International Cargo & Surety Co., (Surety for M. Genauer) v. United StatesCourt of Appeals for the Federal Circuit · 1996
  3. Kemira Fibres Oy v. The United States, Ronald H. Brown, Secretary of Commerce, and Department of CommerceCourt of Appeals for the Federal Circuit · 1995
  4. PAM, S.P.A. & JCM, Ltd. v. United StatesUnited States Court of International Trade · 2005

3Cited by31 opinions

  1. United States v. Great American InsuranceCourt of Appeals for the Federal Circuit · 2013
  2. Lifestyle Enterprise, Inc. v. United StatesUnited States Court of International Trade · 2011
  3. JBF RAK LLC v. United StatesUnited States Court of International Trade · 2014
  4. Dixon Ticonderoga Company v. United States, and Musgrave Pencil Company, Rosemoon Pencil Company and General Pencil CompanyCourt of Appeals for the Federal Circuit · 2006
  5. Husteel Co. v. United StatesUnited States Court of International Trade · 2015

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