NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ PASTIFICIO LUCIO GAROFALO, S.P.A.

Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and AMERICAN ITALIAN PASTA COMPANY, DAKOTA GROWERS PASTA COMPANY, and NEW WORLD PASTA COMPANY, Defendants-Appellees, ____________________ 2011-1533 ______________________ Appeal from the United States Court of International Trade in consolidated Case Nos. 10-CV-0095 and 10-CV-0097, Judge Donald C.

Pogue. ______________________ JUDGMENT ______________________ RICHARD P. FERRIN, Drinker Biddle & Reath LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief was DOUGLAS J. HEFFNER.

CARRIE A. DUNSMORE, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States. With her on the brief were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and REGINALD T. BLADES, JR., Assistant Director.

DAVID C. SMITH, JR., Kelley Drye & Warren, LLP of Washington, DC, argued for defendant-appellee American Italian Pasta Company, et al. With him on the brief was PAUL C. ROSENTHAL. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (NEWMAN, MAYER, and DYK, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

March 14, 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk