ZHEJIANG NATIVE PRODUCE AND ANIMAL v. U.S.

Slip Op. 05-146, Court No. 04-00268.

400 F.Supp.2d 1374 (2005)

ZHEJIANG NATIVE PRODUCE AND ANIMAL BY-PRODUCTS IMPORT & EXPORT GROUP CORP., Plaintiff, v. UNITED STATES, Defendant, and The American Honey Producers Association and the Sioux Honey Association, Def.-Intervenors.

United States Court of International Trade.

November 8, 2005.


Attorney(s) appearing for the Case

Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP (Mark E. Pardo, Bruce M. Mitchell, Adam M. Dambrov, and Paul G. Figueroa), New York City, for plaintiff.

Peter D. Keisler, Assistant Attorney General, United States Department of Justice; David M. Cohen, Director, Civil Division, Commercial Litigation Branch, United States Department of Justice; Patricia M. McCarthy, Assistant Director, Civil Division, Commercial Litigation Branch, United States Department Justice (David S. Silverbrand); Office of the Chief Counsel for Import Administration, United States Department of Commerce (James K. Lockett), for defendant, of counsel.

Collier, Shannon, Scott, PLLC (Michael J. Coursey, Jennifer E. McCadney, R. Alan Luberda, and Adam H. Gordon), Washington, DC, for defendant-intervenors.


OPINION

EATON, Judge:

Before the court is the Motion to Dismiss for Lack of Subject Matter Jurisdiction of Defendant-Intervenors the American Honey Producers Association and the Sioux Honey Association. For the following reasons the motion is denied.

BACKGROUND

A. The 2271 Filing

On May 5, 2004, the United States Department of Commerce ("Commerce") published a notice of the results of its review...

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