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OMG, INC. v. U.S.

Slip Op. 19-58 Court No. 17-00036.

389 F.Supp.3d 1312 (2019)

OMG, INC., Plaintiff, v. UNITED STATES, Defendant, and Mid Continent Steel & Wire Inc., Defendant-Intervenor.

United States Court of International Trade.

May 14, 2019.

Attorney(s) appearing for the Case

Ned H. Marshak , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of New York, NY, argued for plaintiff. With him on the brief were David M. Murphy and Andrew T. Schutz .

Sosun Bae , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant. With her on the brief were Joseph H. Hunt , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Patricia M. McCarthy , Assistant Director. Of counsel was David W. Campbell , Office of the Chief Counsel for Trade Enforcement & 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 was Ping Gong.

OPINION

The court returns again to the question of whether plaintiff OMG, Inc.'s ("OMG's") zinc anchor products are nails. Before the court now is the United States Department of Commerce's ("Commerce") Final Results of Redetermination Pursuant to Court Remand (Dep't Commerce Aug. 27, 2018) ("

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