GPX INTERN. TIRE CORP. v. U.S.

Nos. 2011-1107, 2011-1108, 2011-1109.

666 F.3d 732 (2011)

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.

Decided December 19, 2011.


Attorney(s) appearing for the Case

James P. Durling , Winston & Strawn, LLP, of Washington, DC, argued for all plaintiffs-appellees. With him on the brief for GPX International Tire Corporation, et al. were William H. Barringer , Daniel L. Porter , Gene C. Schaerr and Matthew P. Mccullough .

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.

Terence P. Stewart , Stewart and Stewart, of Washington, DC, argued for defendants-appellants Titan Tire Corporation, et al. With him on the brief were Wesley K. Caine and Elizabeth J. Drake .

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 .

Joseph W. Dorn , King & Spalding LLP, of Washington, DC, for defendants-appellants Bridgestone Americas, Inc., et al. With him on the brief were Jeffrey M. Telep and P. Lee Smith, Jr. Of counsel were Christopher T. Cloutier , Ashley C. Parrish and J. Michael Taylor .

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 .

Jeffrey D. Gerrish , Skadden, Arps, Slate, Meagher & Flom, LLP, for amicus curiae United States Steel Corporation. With him on the brief were Robert E. Lighthizer , James C. Hecht and Stephen J. Narkin .

Kathleen W. Cannon , Kelley Drye & Warren LLP, of Washington, DC, for amici curiae ArcelorMittal USA LLC, et al. With her on the brief were Paul C. Rosenthal and Grace W. Kim .

Alan H. Price , Wiley Rein LLP, of Washington, DC, for amici curiae The Committee to Support U.S. Trade Laws, et al. With him on the brief were Timothy C. Brightbill and Robert E. Defrancesco .

Donald B. Cameron , Troutman Sanders LLP, of Washington, DC, for amicus curiae Ministry of Commerce, People's Republic of China. With him on the brief were Julie C. Mendoza , R. Will Planert , Brady W. Mills and Mary S. Hodgins .

Before RADER, Chief Judge, LINN and DYK, Circuit Judges.


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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