JINXIANG HUAMENG IMP & EXP CO., LTD. v. U.S.

Slip Op. 19-36 Court No. 16-00243.

374 F.Supp.3d 1365 (2019)

JINXIANG HUAMENG IMP & EXP CO., LTD. and CS Farming Products, Inc., Plaintiffs, v. UNITED STATES, Defendant, and Harmoni International Spice, Inc., Zhengzhou Harmoni Spice Co., Ltd., Fresh Garlic Producers Association, Christopher Ranch, L.L.C., The Garlic Company, Valley Garlic, and Vessey and Company, Inc., Defendant-Intervenors.

United States Court of International Trade.

March 21, 2019.


Attorney(s) appearing for the Case

John J. Kenkel , Alexandra H. Salzman , Gregory S. Menegaz , and J. Kevin Horgan , deKieffer & Horgan PLLC, of Washington, D.C., for Plaintiffs Jinxiang Huameng Imp & Exp Co., Ltd. and CS Farming Products, Inc.

Meen Geu Oh , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., for Defendant United States. With her on the brief were Joseph H. Hunt , Assistant Attorney General, Jeanne E. Davidson , Director, and Reginald T. Blades, Jr. , Assistant Director. Of counsel on the brief was Emma T. Hunter , Attorney, Office of the Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce.

Michael J. Coursey , John M. Herrmann, II , and Joshua R. Morey , Kelley Drye & Warren, LLP, of Washington, D.C., for Defendant-Intervenors Fresh Garlic Producers Association, Christopher Ranch, L.L.C., The Garlic Company, Valley Garlic, and Vessey and Company, Inc.

Bruce M. Mitchell , Ned H. Marshak , and Andrew T. Schutz , Grunfeld Desiderio Lebowitz Silverman & Klestadt, LLP, of New York, N.Y., for Defendant-Intervenors Harmoni International Spice, Inc. and Zhengzhou Harmoni Spice Co., Ltd.


OPINION

This case involves a new shipper review of imported fresh garlic from the People's Republic of China ("China"). Plaintiffs Jinxiang Huameng Imp & Exp Co., Ltd. ("Huameng") and CS Farming Products, Inc. (collectively, "Plaintiffs") initiated this action to contest the rescission of a new shipper review, in...

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