WANXIANG AMERICA CORP. v. U.S.

Slip Op. 19-112. Court No. 18-00120

399 F.Supp.3d 1323 (2019)

WANXIANG AMERICA CORPORATION, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

Dated: August 19, 2019.


Attorney(s) appearing for the Case

William R. Isasi , Alexander D. Chinoy , Elisa S. Solomon , and T. Scott Shelton , Covington & Burling, LLP, of Washington, DC, argued for plaintiff.

Stephen C. Tosini , 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 Patricia M. McCarthy , Assistant Director. With them on the supplemental brief was Joseph H. Hunt , Assistant Attorney General. Of counsel was James Ahrens , Office of Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce, of Washington, DC. With him on the brief was Steven J. Holtkamp , U.S. Customs and Border Protection, of Chicago, IL.


OPINION

This is a case about jurisdiction through the lenses of the anti-dumping statute and the Administrative Procedure Act. At its center is a challenge brought by an importer to a memorandum prepared by one government component for another in an anti-dumping investigation. Plaintiff Wanxiang...

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