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RUSS BERRIE & CO., INC. v. U.S.

Slip Op. 99-61. Court No. 96-12-02777.

57 F.Supp.2d 1184 (1999)

RUSS BERRIE & COMPANY, INC., Plaintiff, v. UNITED STATES of America, Defendant, and National Candle Association, Defendant-Intervenor.

United States Court of International Trade.

July 13, 1999.

Attorney(s) appearing for the Case

Serko & Simon, LLP (Joel K. Simon, Arlen T. Epstein, and Christopher M. Kane), for Plaintiff.

David W. Ogden, Acting Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (Reginald T. Blades, Jr.); Melanie A. Frank, Office of the Chief Counsel for Import Administration, United States Department of Commerce, for Defendant, of counsel.

Barnes & Thornburg (Randolph J. Stayin), for Defendant-Intervenor.

OPINION

WALLACH, Judge.

I

INTRODUCTION

Plaintiff Russ Berrie & Company, Inc. ("Russ Berrie") contests the U.S. Department of Commerce's ("Commerce") Final Scope Ruling that wax-filled terracotta heart-shaped candles fall within the scope of the Antidumping Duty Order: Petroleum Wax Candles From the People's Republic of China, 51 Fed.Reg. 30,686 (1986) ("Antidumping Duty Order" or "Order"). Russ Berrie contends that (1) the...

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