GOODLUCK INDIA LTD. v. U.S.

Slip Op. 19-110 Court No. 18-00162.

393 F.Supp.3d 1352 (2019)

GOODLUCK INDIA LIMITED, Plaintiff, v. UNITED STATES, Defendant, and ArcelorMittal Tubular Products, Michigan Seamless Tube, LLC, Plymouth Tube Co. USA, PTC Alliance Corp., Webco Industries, Inc. and Zekelman Industries, Inc, Defendant-Intervenors.

United States Court of International Trade.

Dated: August 13, 2019.


Attorney(s) appearing for the Case

Ned H. Marshak and Michael S. Holton , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP, of New York, NY and Washington, DC, argued for plaintiff. With them on the brief were Andrew T. Schutz , Kavita Mohan , and Jordan C. Kahn .

Ann C. Motto , 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 , Assistant Attorney General, Jeanne E. Davidson , Director, and Claudia Burke , Assistant Director. Of counsel was Caroline D. Bisk , Office of the Chief Counsel for Trade Enforcement & Compliance, Office of the General Counsel, U.S. Department of Commerce, of Washington, DC. Melissa M. Brewer and Kathleen M. Cusack , Kelley Drye & Warren, LLP, of Washington, DC, argued for defendant-intervenors. With them on the brief were R. Alan Luberda and David C. Smith .


OPINION

This case turns on distinguishing correctible importer mistakes from submissions of untimely new factual information. Before the court is whether the Department of Commerce ("Commerce") abused its discretion by rejecting as untimely plaintiff...

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