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SAN HUAN NEW MATERIALS HIGH TECH, INC. v. I.T.C.

Nos. 98-1091, 98-1159.

161 F.3d 1347 (1998)

SAN HUAN NEW MATERIALS HIGH TECH, INC., Ningbo Konit Industries, Inc., and Tridus International, Inc., Appellants, v. INTERNATIONAL TRADE COMMISSION, Appellee, and YBM Magnex, Inc. (Successor in interest to Crucible Materials Corporation), Intervenor.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined January 28, 1999.

Attorney(s) appearing for the Case

Gary M. Hnath, Venable, Baetjer, Howard & Civiletti, LLP, Washington, DC, argued, for appellants. With him on the brief was Michael P. Leary. Of counsel was E. Brandan Magrab.

Jay H. Reiziss, Attorney, Office of the General Counsel, U.S. International Trade Commission, Washington, DC, argued, for appellee. With him on the brief were Lyn M. Schlitt, General Counsel, and James A. Toupin, Deputy General Counsel.

Darrel C. Karl, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., Washington, DC, argued, for intervenor. With him on the brief were Ford F. Farabow, Jr., Roger D. Taylor, Wayne W. Herrington, and Michael J. Flibbert.

Before RICH, NEWMAN, and MICHEL, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined January 28, 1999.

NEWMAN, Circuit Judge.

San Huan New Materials High Tech, Ningbo Konit Industries, and Tridus International appeal the decision of the United States International Trade Commission imposing civil penalties for violation of a Consent Order issued in Investigation No. 337-TA-372, conducted under Section 337 of the Tariff Act of 1930 as amended, 19 U.S.C. § 1337, relating to Certain...

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