SUMECHT NA, INC. v. U.S.

Slip Op. 19-118 Court No. 17-00244.

399 F.Supp.3d 1370 (2019)

SUMECHT NA, INC., d.b.a., Sumec North America, Plaintiff, v. UNITED STATES, Defendant, and SolarWorld Americas, Inc., Defendant-Intervenor.

United States Court of International Trade.

Dated: September 6, 2019.


Attorney(s) appearing for the Case

Mark B. Lehnardt , Baker & Hostetler, LLP, of Washington, D.C., argued for Plaintiff Sumecht NA, Inc., d.b.a., Sumec North America. With him on the briefs were Michael S. Snarr , Lindita V. Ciko Torza , and Jake R. Frischknecht .

Justin R. Miller , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., argued for Defendant United States. With him on the brief were Joseph H. Hunt , Assistant Attorney General, Jeanne E. Davidson , Director, and Reginald T. Blades, Jr. , Assistant Director. Of counsel was Mercedes C. Morno , Mykhaylo A. Gryzlov , Natan P.L. Tubman , Office of the Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce, of Washington, D.C, and Daniel J. Calhoun , Office of Chief Counsel for Import Administration, U.S. Department of Commerce, of Washington, D.C. Stephen C. Tosini , Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., David W. Campbell , Office of Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce, of Washington, D.C., also appeared.

Timothy C. Brightbill , Laura El-Sabaawi , and Usha Neelakantan , Wiley Rein, LLP, of Washington, D.C., appeared on the briefs for Defendant-Intervenor Solar-World Americas, Inc. Adam M. Teslik , Cynthia C. Galvez , Maureen E. Thorson , and Tessa V. Capeloto also appeared.


OPINION

This is a case of first impression involving a challenge to the U.S. Department of Commerce's ("Commerce") late publication of a "Timken Notice" after the statutory deadline had passed, which applied a change in antidumping duty deposit rates retroactively. Plaintiff Sumecht NA, Inc.,...

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