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SAN FRANCISCO CANDLE CO., INC. v. U.S.

SLIP.OP 02-47, Court No. 01-00088.

206 F.Supp.2d 1304 (2002)

SAN FRANCISCO CANDLE COMPANY, INC., Plaintiff, v. UNITED STATES, Defendant, and National Candle Association, Defendant-Intervenor.

United States Court of International Trade.

May 30, 2002.

Attorney(s) appearing for the Case

Sandler, Travis, & Rosenberg, P.A., Washington, DC (Philip S. Gallas, Gregory S. Menegaz) for Plaintiff.

Robert D. McCallum, Jr., Assistant Attorney General, David M. Cohen, Director, Reginald T. Blades, Jr., Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, John F. Koeppen, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, for Defendant, of counsel.

Barnes & Thornburg, Washington, DC (Randolph J. Stayin, Karen A. McGee) for Defendant-Intervenor.

OPINION

POGUE, Judge.

Plaintiff San Francisco Candle Company ("SFCC") moves for judgment upon the agency record pursuant to USCIT Rule 56.2, challenging a determination by the U.S. Department of Commerce ("Commerce") that certain candles are within the scope of an antidumping duty order. This Court has jurisdiction under 28 U.S.C. § 1581(c) (2000) and 19 U.S.C. § 1516a(a)(2)(B)(vi) (2000).

Background

In August 1986, Commerce issued...

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