CATHEDRAL CANDLE CO. v. U.S. INTERN. TRADE COM'N

No. 04-1083.

400 F.3d 1352 (2005)

CATHEDRAL CANDLE COMPANY and The A.I. Root Company, Plaintiffs-Appellants, v. UNITED STATES INTERNATIONAL TRADE COMMISSION and Deanna Tanner Okun, Chairman, United States International Trade Commission, Defendants-Appellees, and Bureau of Customs and Border Protection and Robert C. Bonner, Commissioner, Bureau of Customs and Border Protection, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

March 9, 2005.


Attorney(s) appearing for the Case

Steven M. Schneebaum, Patton Boggs LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief was Michael J. Schaengold.

Michael Diehl, Attorney-Advisor, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for defendants-appellees United States International Trade Commission, et al. On the brief were James M. Lyons, Acting General Counsel; Neal J. Reynolds, Acting Assistant General Counsel for Litigation; and Karen Veninga Driscoll, Attorney. Of counsel was Mark B. Rees, Attorney.

David Silverbrand, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendants-appellees Bureau of Customs and Border Protection, et al. On the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; Jeanne E. Davidson, Deputy Director; and Paul D. Kovac, Trial Attorney. Of counsel on the brief was Charles R. Steuart, Attorney, Office of Chief Counsel, United States Bureau of Customs and Border Protection, of Washington, DC.

Before LOURIE, BRYSON, and DYK, Circuit Judges.


BRYSON, Circuit Judge.

Appellants Cathedral Candle Company ("Cathedral") and The A.I. Root Company ("Root") filed this action in the Court of International Trade seeking to compel the Bureau of Customs and Border Protection ("Customs") to distribute payments to them pursuant to the Continued Dumping and Subsidy Offset Act of 2000, Pub.L. No. 106-387, § 1(a) [tit. X, § 1003(a)], 114 Stat. 1549, 1549A-72 (2000), which is known as the Byrd Amendment. Cathedral...

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