GPX INTERNATIONAL TIRE CORPORATION and Hebei Starbright Tire Co., Ltd., Plaintiffs-Appellees, and
Tianjin United Tire & Rubber International Co., Ltd., Plaintiff-Appellee,
v.
UNITED STATES, Defendant-Appellant, and
Titan Tire Corporation and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied International and Service Workers International Union, AFL-CIO-CLC, Defendants-Appellants, and
Bridgestone Americas, Inc. and Bridgestone Americas Tire Operations, LLC, Defendants-Appellants.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
Franklin E. White, Jr. , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant United States. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Michael D. Panzera , Attorney. Of counsel on the brief was John D. McInerney , Chief Counsel, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC.
Francis J. Sailer , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP, of Washington, DC, for plaintiff-appellee Tianjin United Tire & Rubber International Co., LTD. With him on the brief was Andrew T. Schutz . Of counsel was Mark E. Pardo .
Roger B. Schagrin , Schagrin Associates, of Washington, DC, for amicus curiae Committee on Pipe and Tube Imports. With him on the brief was John W. Bohn .
Before RADER, Chief Judge, LINN and DYK, Circuit Judges.
United States Court of Appeals, Federal Circuit.
DYK, Circuit Judge.
In this consolidated countervailing duty case, the U.S. Court of International Trade ("Trade Court") ordered the U.S. Department of Commerce ("Commerce") not to impose countervailing duties on goods from China, a non-market economy ("NME") country. See GPX Int'l Tire Corp. v. United States ("GPX III"), No. 08-00285, 2010 WL 3835022 (Ct. Int'l Trade Oct. 1, 2010). The Trade Court held that Commerce's 2007 interpretation of countervailing...
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