780 F. Supp. 2d 1342 (2011) QINGDAO TAIFA GROUP CO., LTD., Plaintiff, v. UNITED STATES, Defendant, and Gleason Industrial Products, Inc. and Precision Products, Inc., Intervenor Defendants. Slip Op. 11-83. Court No. 08-00245. United States Court of International Trade. July 12, 2011. *1345 Adduci, Mastriani & Schaumberg, LLP (Louis S. Mastriani and William C. Sjoberg), Washington, DC, for the plaintiff. Tony West, Assistant Attorney General; Jeanne E. Davidson, Director, Patricia M. McCarthy,...
753 F. Supp. 2d 1355 (2011) XEROX CORPORATION, Plaintiff, v. UNITED STATES, Defendant. Slip Op. 11-8. Court No. 07-00337. United States Court of International Trade. January 24, 2011. *1357 Neville Peterson LLP, New York, NY (John M. Peterson, Michael T. Cone), for Plaintiff. Tony West, Assistant Attorney General, Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Saul Davis, Aimee Lee); Chi S....
774 F. Supp. 2d 1286 (2011) AMANDA FOODS (VIETNAM) LTD., et al., Plaintiffs, v. UNITED STATES, Defendant, and Ad Hoc Shrimp Trade Action Committee, Defendant-Intervenor. Slip Op. 11-39, Consol. [1] Court No. 08-00301. United States Court of International Trade. April 14, 2011. *1287 Mayer Brown LLP (Matthew J. McConkey and Jeffery C. Lowe), Washington, DC, for Plaintiff Amanda Foods (Vietnam) Ltd. Thompson Hine LLP (Matthew R. Nicely and David S. Christy) and Winston & Strawn LLP (William H....
774 F. Supp. 2d 1251 (2011) BOND STREET, LTD., Plaintiff, v. UNITED STATES, Defendant, and Gleason Industrial Products, Inc. and Precision Products, Inc., Defendant-Intervenors. Slip Op. 11-37, Court No. 08-00049. United States Court of International Trade. April 12, 2011. *1252 James Caffentzis (James Caffentzis), New York, NY, for Plaintiff. Tony West, Assistant Attorney General; Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil...
768 F. Supp. 2d 1286 (2011) LIFESTYLE ENTERPRISE, INC., Trade Masters of Texas, Inc., Emerald Home Furnishings, LLC, Ron's Warehouse Furniture d/b/a Vineyard Furniture International LLC, Plaintiffs, and Dream Rooms Furniture (Shanghai) Co., Ltd., Guangdong Yihua Timber Industry, Co., Ltd., Consolidated Plaintiffs, Orient International Holding Shanghai Foreign Trade Co., Ltd., Intervenor Plaintiff, v. UNITED STATES, United States Department of Commerce, Defendants, and American Furniture...
800 F. Supp. 2d 1329 (2011) The CONTAINER STORE, Plaintiff, v. UNITED STATES, Defendant. Slip Op. 11-135. Court No. 05-00385. United States Court of International Trade. October 26, 2011. *1330 Frances P. Hadfield, Alan R. Klestadt, and Robert B. Silverman, Grunfeld Desiderio Lebowitz Silverman & Klestadt LLP, of New York, NY, for plaintiff. Marcella Powell, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY, for defendant....
OPINION AND ORDER POGUE, Chief Judge: In this action, the Plaintiffs seek review of two determinations by the United States Department of Commerce ("Commerce" or "the Department") in the final results of the third administrative review of the antidumping duty order covering certain frozen warmwater shrimp from the Socialist Republic of Vietnam ("Vietnam"). 1 First, Plaintiff Amanda Foods (Vietnam) Ltd. ("Amanda Foods"), challenges the Department's calculation of separate rates for...
OPINION POGUE, Chief Judge: In this matter, Plaintiff, C.B. Imports Transamerica Corporation ("C.B. Imports"), seeks review of the liquidation, by the Defendant, United States Customs and Border Protection ("Customs"), of an entry of automotive safety glass from the People's Republic of China ("China"). Am. Compl. 23-39, ECF No. 8. Customs moves to dismiss for lack of subject matter jurisdiction. 1 Mem. Supp. Def.'s Mot. Dismiss 3-4, ECF No. 16. The court finds that Plaintiff's alleged...
OPINION AND ORDER STANCEU, Judge: In this action, plaintiff Union Steel Manufacturing Co., Ltd. ("Union") contests a final determination ("Final Results") issued by the International Trade Administration, U.S. Department of Commerce ("Commerce" or the "Department"), in the thirteenth administrative review of an antidumping duty order on imports of certain corrosion-resistant carbon steel flat products ("CORE" products or "CORE") from the Republic of Korea ("Korea"). Compl.; See Certain...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT WALLACH, Judge: I STANDARD OF REVIEW Pursuant to the court's jurisdiction under 28 U.S.C. 1581(a), the statute provides for judicial review of denied protests filed in accordance with 19 U.S.C. 1514. Although Customs' decisions are entitled to a presumption of correctness under 28 U.S.C. 2639(a)(1), the Court makes its determinations upon the basis of the record made before the Court, rather than that developed by Customs. See...
OPINION WALLACH, Judge: I INTRODUCTION Plaintiff Giorgio Foods, Inc. ("Giorgio" or "Plaintiff") filed a Second Motion for Leave to Amend the Complaint ("Plaintiff's Motion") seeking to amend its Complaint in five ways. First, in light of the Federal Circuit's decision in SKF USA, Inc. v. U.S. Customs and Border Prot., 556 F.3d 1337 (Fed.Cir.2009), cert. denied, ___ U.S. ___, 130 S.Ct. 3273 , 176 L.Ed.2d 1182 (2010), Giorgio wishes to drop its First Amendment facial challenge to the...
OPINION MUSGRAVE, Senior Judge: Plaintiff Applikon Biotechnology, Inc. ("Applikon") challenges U.S. Customs and Border Protection's ("Customs") classification of "BioBundle Cell Culture Bioreactor Systems" and "ez-Control Cell Culture BioBundle Bioreactor Systems" imported from the Netherlands (both referred hereafter as the Bioreactor Systems). Proper administrative protest procedure having been undertaken and all liquidated duties, taxes and fees having been paid, 1 see 19 U.S.C. 1514,...
OPINION GOLDBERG, Senior Judge: Before this Court are cross-motions for summary judgment submitted by Plaintiff United States (the "Government") and Defendants Great American Insurance Company of New York ("Great American") 1 and Washington International Insurance Company ("Washington International"). The Government seeks to recover in excess of $8 million on eight single transaction bonds ("STBs") identifying Great American as surety and one continuous entry bond ("CEB") identifying...
OPINION [On challenge for refund of retaliatory import duties, after settlement in part, motion to dismiss remainder of action construed as partial and granted as to time-barred entries.] R. KENTON MUSGRAVE, Senior Judge. Musgrave, Senior Judge: This action pursuant to 28 U.S.C. 1581(i) seeks refunds of retaliatory duties assessed on imports subject to Implementation of WTO Recommendations Concerning EC-Measures Concerning Meat and Meat Products, 64 Fed. Reg. 40638, 40639 (USTR July 27,...
OPINION [On challenge for refund of retaliatory import duties, after settlement in part, motion to dismiss remainder of action dismissed as time-barred.] R. KENTON MUSGRAVE, Senior Judge. Musgrave, Senior Judge: This action pursuant to 28 U.S.C. 1581(i) seeks refunds of retaliatory duties assessed on imports subject to Implementation of WTO Recommendations Concerning EC-Measures Concerning Meat and Meat Products, 64 Fed. Reg. 40638, 40639 (USTR July 27, 1999) (" EC-Measures "). French...
OPINION [Plaintiff's motion for judgment on the agency record is denied and the United States Department of Commerce's Final Results, as amended by the Final Remand Determination, are sustained.] RICHARD K. EATON, Judge. Before the court is plaintiff's motion for judgment on the agency record, challenging the United States Department of Commerce's (the "Department" or "Commerce") final results of the tenth administrative review of the antidumping duty order on pasta from Italy, covering the...
OPINION DONALD C. POGUE, Chief Judge. In this matter, Plaintiff Isaac Industries ("Isaac") seeks review of the Defendant United States Customs and Border Protection Service's ("Customs") denial of Isaac's claims for drawback. 1 Plaintiff filed drawback claims and related protests during a transitional period within which Customs closed the Drawback Center at the Port of Miami ("Miami office") and gradually transferred claim processing to the Drawback Center at the Port of Los Angeles ("Los...
OPINION STANCEU, Judge. This case arises from decisions of the U.S. International Trade Commission ("ITC" or the "Commission") to deny plaintiff Furniture Brands International, Inc. ("Furniture Brands") status as an "affected domestic producer" ("ADP") under the Continued Dumping and Subsidy Offset Act of 2000 ("CDSOA" or "Byrd Amendment"), Pub.L. No. 106-387, 1001-03, 114 Stat. 1549, 1549A-72-75 (codified at 19 U.S.C. 1675c (2000)), 1 repealed by Deficit Reduction Act of 2005, Pub.L....
OPINION WALLACH, Judge: I INTRODUCTION Defendants United States of America, U.S. Department of Homeland Security, and U.S. Customs and Border Protection move to dismiss Plaintiff Ford Motor Company's Second Amended Complaint for lack of subject matter jurisdiction. Defendants' Motion to Dismiss, Doc. No. 74 ("Defendants' Motion"); Defendants' Memorandum of Support of Its Motion to Dismiss, Doc. No. 74 at 9-25 ("Defendants' Memo"). Because Plaintiff's claims are ripe and within the court's...
OPINION AND ORDER TIMOTHY C. STANCEU, District Judge. In this action, plaintiffs NTN Bearing Corporation of America, NTN Corporation, NTN Bower Corporation, American NTN Bearing Manufacturing Corp., NTN-BCA Corporation, and NTN Driveshaft, Inc. (collectively "NTN" or "plaintiffs") contest the final determination issued by the International Trade Administration, U.S. Department of Commerce ("Commerce" or the "Department"), to conclude a set of administrative reviews of antidumping duty orders...
