TRUSTEES IN BANKR. OF N. AMER. v. U.S.

Slip Op. 08-66. Court No. 05-00539.

558 F.Supp.2d 1367 (2008)

TRUSTEES IN BANKRUPTCY OF NORTH AMERICAN RUBBER THREAD CO., INC., Filmax Sdn. Bhd., Heveafil USA, Inc., and Heveafil Sdn. Bhd., Plaintiffs, v. UNITED STATES, Defendant.

United States Court of International Trade.

June 10, 2008.


Attorney(s) appearing for the Case

Miller & Chevalier Chartered, Washington, DC (Peter J. Koenig) for Plaintiff Trustees in Bankruptcy of North American Rubber Thread Co., Inc.

White & Case, LLP, Washington, DC (Walter J. Spak, Emily Lawson, and Jay C. Campbell) for Plaintiffs Filmax Sdn. Bhd., Heveafil USA, Inc., and Heveafil Sdn. Bhd.

Gregory G. Katsas, Acting Assistant Attorney General; United States Department of Justice; Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director, Commercial .Litigation Branch, Civil Division, United States Department of Justice, (Stephen C. Tosini); David W. Richardson, Of Counsel, Office of Chief Counsel for Import Administration, Department of Commerce for Defendant United States.


OPINION

GOLDBERG, Senior Judge.

This case is before the Court following a court-ordered remand. See Tr. in Bankr.of N. Am. Rubber Thread Co. v. United States, 31 CIT ___, 533 F.Supp.2d 1290 (2007) ("NART"). In NART, the Court ordered the U.S. Department of Commerce ("Commerce") to provide a reasonable explanation for its departure from past agency practice, or in the alternative to conduct...

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