SPECIALTY MERCHANDISE CORP. v. U.S.

Slip Op. 07-36, Court No. 06-00405.

477 F.Supp.2d 1359 (2007)

SPECIALTY MERCHANDISE CORPORATION, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

March 13, 2007.


Attorney(s) appearing for the Case

Greenberg Traurig, LLP (Jeffrey S. Neeley, David R. Amerine) for the Plaintiff Specialty Merchandise Corporation.

Peter D. Keisler, Assistant Attorney General; Jeanne E. Davidson, Director; Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (David S. Silverbrand); and Office of Chief Counsel for Import Administration, U.S. Department of Commerce (Arthur D. Sidney), of counsel, for the Defendant.

Barnes & Thornburg, LLP, Washington, DC (Randolph J. Stayin, Karen A. McGee) for the Defendant-Intervenor National Candle Association.


OPINION AND ORDER

GORDON, Judge.

Defendant-Intervenor National Candle Association ("NCA") moves pursuant to USCIT R. 12(b)(5) to dismiss Plaintiff Specialty Merchandise Corporation's ("SMC") complaint challenging the United States Department of Commerce's ("Commerce") anticircumvention inquiry of the antidumping duty order on petroleum wax candles from China. See Later-Developed Merchandise Anticircumvention Inquiry of the Antidumping Duty Order on...

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