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DAK AMERICAS LLC v. U.S.

Slip Op. 19-172, Court No. 17-00195.

422 F.Supp.3d 1372 (2019)

DAK AMERICAS LLC and Auriga Polymers Inc., Plaintiffs, v. UNITED STATES, Defendant.

United States Court of International Trade.

Dated: December 27, 2019.

Attorney(s) appearing for the Case

Paul C. Rosenthal , Kelley Drye & Warren, LLP, of Washington, D.C., for plaintiffs DAK Americas LLC and Auriga Polymers Inc. With him on the brief were David C. Smith , Cameron R. Argetsinger , and Joshua R. Morey .

Mikki Cottet , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., for defendant. With her on the brief were Chad A. Readier , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Franklin E. White, Jr. , Assistant Director. Of counsel were Suzanna Hartzell-Ballard and Jessica Plew , Office of Assistant Chief Counsel, U.S. Customs and Border Protection.

OPINION

Plaintiffs brought this action to contest written demands by U.S. Customs and Border Protection ("Customs" or "CBP") for the return to the government of certain monetary payments plaintiffs previously received from Customs under the Continued Dumping and Subsidy Offset Act of 2000 (...

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