Dus & Derrick, Inc. v. United States Secretary of Agriculture

OPINION

EATON, Judge:

In Dus & Derrick, Inc. v. United States Secretary of Agriculture, 31 CIT _, 469 F.Supp.2d 1326 (2007) (“Dus & Derrick F), this court remanded to the United States Department of Agriculture (the “Department”) its determination denying plaintiff’s application for cash benefits under the Trade Adjustment Assistance (“TAA”) for Farmers program. In its written opinion, the court concluded that the Department’s regulations were an impermissible interpretation of Congress’s clear intent embodied in 19 U.S.C. § 2401e(a)(l)(C)(2002). See Dus & Derrick I, 31 CIT at _, 469 F.Supp.2d…