NOTE: This disposition is nonprecedential.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