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SHANDONG RONGXIN IMPORT & EXPORT CO., LTD. v. U.S.

Slip Op. 19-151 Court No. 17-00145.

415 F.Supp.3d 1319 (2019)

SHANDONG RONGXIN IMPORT & EXPORT CO., LTD., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

Dated: December 2, 2019.

Attorney(s) appearing for the Case

John J. Kenkel , deKieffer & Horgan, PLLC, of Washington DC, argued for plaintiff. With him on the brief were Alexandra H. Salzman , Judith L. Holzman and J. Kevin Horgan .

Ashley Akers , Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant. With him on the brief were Joseph H. Hunt , Assistant Attorney General, Jeanne E. Davidson , Director, and Patricia M. McCarthy , Assistant Director. Of counsel on the brief was Brendan Saslow , Attorney, Office of the Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce, of Washington, DC.

OPINION

The court turns once again to the case of cased pencils. At issue is whether an exporter in a non-market economy ("NME")1 has adequately established the independence from governmental control necessary to qualify for a separate anti-dumping duty rate apart from...

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