Papierfabrik August Koehler Ag v. United States

REYNA, Circuit Judge,

with whom

NEWMAN and O’MALLEY, Circuit Judges, join, dissents from the denial of the petition for rehearing en banc.

I respectfully dissent from the court’s denial of Appellee’s Petition for Rehearing En Banc. The panel’s opinion is a remarkable departure from binding precedent and applicable law. It reflects confusion about the statutory roles of the Department of Commerce (“Commerce”) and the U.S. International Trade Commission (“Commission”) in antidumping duty investigations, and it directs the Commission to take action that is contrary to its established, long-standing…