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CONSOLIDATED FIBERS, INC. v. U.S.

Slip Op. 08-85. Court No. 07-00233.

574 F.Supp.2d 1371 (2008)

CONSOLIDATED FIBERS, INC. and Stein Fibers, Ltd., Plaintiffs, v. UNITED STATES, Defendant, and DAK Americas LLC, Nan Ya Plastics Corp. America and Wellman, Inc., Defendant-Intervenors.

United States Court of International Trade.

August 20, 2008.

Attorney(s) appearing for the Case

DeKieffer & Horgan, (Gregory S. Menegaz) for Plaintiffs, Consolidated Fibers, Inc. and Stein Fibers, Ltd.

James M. Lyons, General Counsel; Neal J. Reynolds, Assistant General Counsel, Office of the General Counsel, United States International Trade Commission (Karl S. Von Schriltz), for Defendant, United States.

Kelley Drye & Warren, LLP, (Paul C. Rosenthal; Kathleen W. Cannon; David C. Smith, Jr.) for Defendant-Intervenors, DAK Americas LLC, Nan Ya Plastics Corp. America and Wellman, Inc.

OPINION

NICHOLAS TSOUCALAS, Senior Judge.

This matter is before the Court on motion for judgment upon the agency record brought by plaintiffs Consolidated Fibers, Inc. and Stein Fibers, Ltd. ("Plaintiffs") pursuant to USCIT Rule 56.2. Plaintiffs challenge aspects of the final affirmative determination by the United States International Trade Commission ("Commission" or "ITC") in Certain Polyester Staple Fiber From China ("Final Determination

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