CANDLE CORP. OF AMERICA AND BLYTH, INC. v. U.S. INTERN. TRADE COM'N

No. Slip Op. 03-40. Court No. 02-00751.

259 F.Supp.2d 1349 (2003)

CANDLE CORPORATION OF AMERICA AND BLYTH, INC., Plaintiffs, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, Deanna Tanner Okun, Chairman, United States Customs Service, and Robert C. Bonner, Commissioner, Defendants, and Candle—Lite Division of Lancaster Colony Corporation, Lumi-Lite Candle Co., and General Wax & Candle Co., Defendant-Intervenors,

United States Court of International Trade.

April 8, 2003.


Attorney(s) appearing for the Case

Hale and Dorr LLP (David A. Wilson), Washington, DC, for Plaintiffs Candle Corporation of America and Blyth, Inc.

Lyn M. Schlitt, General Counsel; James M. Lyons, Deputy General Counsel, Michael Diehl, Attorney Advisor, for Defendant U.S. International Trade Commission.

Robert D. McCallum, Jr., Assistant Attorney General, David M. Cohen, Director, Lucius B. Lau, Assistant Director, Paul D. Kovac, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Ellen C. Daly, Senior Attorney, Office of the Chief Counsel, United States Customs Service, for Defendant United States, of counsel.

Stewart and Stewart (Terence P. Stewart, Eric P. Salonen, Patrick J. McDonough, Dennis R. Nuxoll), Washington, DC, for Defendant-Intervenors Candle-Lite Division of Lancaster Colony Corporation, Lumi-Lite Candle Co., and General Wax & Candle Co.

Pepper Hamilton LLP (Gregory C. Dorris, Edward M. Andries), Washington, DC, for Defendant-Intervenor Muench-Kreuzer Candle Company.


OPINION

POGUE, District Judge.

This matter is before the Court on the motion of Plaintiffs Candle Corporation of America and Blyth, Inc. (collectively "CCA" or "Plaintiffs") for judgment upon the agency record. Plaintiffs seek reversal of the United States Customs Service's ("Customs") denial of Plaintiffs' application for certification for receipt of payments pursuant to the Continued Dumping and Subsidy Offset Act of 2000, 19 U.S.C. § 1675c ("CDSOA...

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