SIOUX HONEY ASS'N v. HARTFORD FIRE INS. CO.

No. 2011-1040.

672 F.3d 1041 (2012)

SIOUX HONEY ASSOCIATION, Adee Honey Farms, Monterey Mushrooms, Inc., The Garlic Company, and Riceland Crawfish, Inc. (also known as Beaucoup Crawfish of Eunice, Inc.), Plaintiffs-Appellants, v. HARTFORD FIRE INSURANCE COMPANY, Hartford Accident and Indemnity Company, Hartford Casualty Insurance Company, Hartford Insurance Company of Illinois, Hartford Insurance Company of the Midwest, and Hartford Insurance Company of the Southeast, Defendants-Appellees, and Aegis Security Insurance Company and Lincoln General Insurance Company, Defendants-Appellees, and American Contractors Indemnity Company, American Home Assurance Company, and XL Specialty Insurance Company, Defendants-Appellees, and Great American Alliance Insurance Company, Great American Insurance Company, and Great American Insurance Company of New York, Defendants-Appellees, and International Fidelity Insurance Company, Defendant-Appellee, and Washington International Insurance Company, Defendant-Appellee, and United States, United States Customs and Border Protection, Jayson P. Ahern, Acting Customs Commissioner, Department of Commerce, and Gary Locke, Secretary of Commerce, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

February 7, 2012.


Attorney(s) appearing for the Case

Paul C. Rosenthal , Kelley Drye & Warren LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Michael J. Coursey and John M. Herrmann . Of counsel on the brief were Will E. Leonard Jr . and John C. Steinberger , Adduci, Mastriani & Schaumberg, L.L.P., of Washington, DC.

Jonathan F. Cohn , Sidley Austin, LLP, of Washington, DC, argued for defendants-appellees The Hartford Fire Insurance Company et al. With Him on the brief were Peter D. Keisler , Neil R. Ellis , Lawrence R. Walders, Quin M. Sorenson and Ryan C. Morris . Of Counsel Was Arthur K. Purcell , Sandler, Travis & Rosenberg, P.A., of New York, NY.

Mary Kay Vyskocil , Simpson Thacher & Bartlett, LLP, of New York, NY, argued for remaining defendants-appellees with the exception of the United States, et al. With her on the brief for Washington International Insurance Company were Barry R. Ostrager and Michael J. Garvey . Of counsel on the brief was Gilbert Lee Sandler , Sandler, Travis & Rosenberg, P.A., of Miami, FL. On the brief for defendants-appellees American Contractors Indemnity Company, et al, were Mark F. Horning and Herbert C. Shelley , Steptoe & Johnson, LLP, of Washington, DC. Of counsel was Laura Rose Ardito . Of counsel on the brief for defendants-appellees American Alliance Insurance Company, et al., were Mark D. Plevin , Theodore R. Posner and Alexander H. Schaefer , Crowell & Moring, LLP, of Washington, DC. On the brief for defendants-appellees International Fidelity Insurance Company, et al, were Armen Shahinian and Adam P. Friedman , Wolff & Samson, PC, of West Orange, NJ. On the brief for defendants-appellees Aegis Security Insurance Company, et al., was T. Randolph Ferguson , Sandler, Travis & Rosenberg, P.A., of San Francisco, CA.

L. Misha Preheim , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendants-appellees United States, et al. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Franklin E. White, Jr. , Assistant Director. Of counsel on the brief were Jonathan M. Zielinski , Attorney, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC; Albert T. Kundrat and Andrew G. Jones , Attorneys, Office of Assistant Chief Counsel, United States Customs and Border Protection, of Indianapolis, IN.

Before RADER, Chief Judge, LOURIE and PROST, Circuit Judges.


PROST, Circuit Judge.

Under federal trade law imported products are often assessed antidumping duties in an effort to prevent these products from undercutting the domestic market. The Continued Dumping and Subsidy Offset Act of 2000 ("CDSOA"), which has since been repealed, directed the government to distribute collected duties to domestic producers harmed by dumping. 19 U.S.C. § 1675c(a) (2000). In this case, Plaintiffs are domestic producers seeking distributions...

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