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MIDWEST FASTENER CORP. v. U.S.

Court No. 17-00131 Slip Op. 18-132.

335 F.Supp.3d 1355 (2018)

MIDWEST FASTENER CORP., Plaintiff, v. UNITED STATES, Defendant, and Mid Continent Steel & Wire, Inc., Defendant-intervenor.

United States Court of International Trade.

Dated: October 1, 2018.

Attorney(s) appearing for the Case

Robert K. Williams , Clark Hill PLC, of Chicago, IL, argued for plaintiff. With him on the brief were Mark R. Ludwikowski and Lara A. Austrins .

Sosun Bae , 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 Patricia M. McCarthy , Assistant Director. Of counsel on the brief was Jessica DiPietro , Attorney, Office of the Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce, of Washington, DC.

Adam H. Gordon , The Bristol Group PLLC, of Washington, DC, argued for defendant-intervenor. With him on the brief were Ping Gong and Lydia K. Childre .

OPINION

Katzmann, Judge: In this iteration of litigation centering on whether a product is classified as a nail, plaintiff Midwest Fastener Corp. ("Midwest") challenges the Department of Commerce's ("Commerce") determination that its imported zinc and nylon anchors fall within the scope of...

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