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ATC TIRES PRIVATE LTD. v. U.S.

Slip Op. 18-79 Court No. 17-00064.

322 F.Supp.3d 1365 (2018)

ATC TIRES PRIVATE LTD. and Alliance Tire Americas, Inc., Plaintiffs, v. UNITED STATES, Defendant.

United States Court of International Trade.

June 25, 2018.

Attorney(s) appearing for the Case

Eric C. Emerson and J. Claire Schachter , Steptoe & Johnson, LLP>, of Washington, DC, argued for plaintiffs. With them on the brief was Christopher G. Falcone.

John J. Todor , Senior Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice>, of Washington, DC, argued for defendant. With him on the brief were Chad A. Readler , Acting Assistant Attorney General>, Jeanne E. Davidson , Director>, and Franklin E. White, Jr. , Assistant Director.> Of counsel was Jessica DiPietro, Office of the Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce, of Washington, DC.

OPINION

In this case, the court enters territory rarely traversed by judicial decision — namely the intersection of foreign Special Economic Zone ("SEZ") and Export Oriented Unit ("EOU") programs with American laws that permit levying additional duties on certain imports entering the United...

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