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BEBITZ FLANGES WORKS PRIVATE LIMITED v. U.S.

Slip Op. 20-27 Court No. 18-00229.

433 F.Supp.3d 1309 (2020)

BEBITZ FLANGES WORKS PRIVATE LIMITED, Plaintiff, v. UNITED STATES, Defendant, and Coalition of American Flange Producers, Defendant-Intervenor.

United States Court of International Trade.

March 3, 2020.

Attorney(s) appearing for the Case

Peter Koenig , Squire Patton Boggs (US) LLP, of Washington, DC, argued for plaintiff.

Geoffrey M. Long , Trial Attorney, 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 Tara K. Hogan , Assistant Director. Of counsel Daniel J. Calhoun and Kirrin Ashley Hough , Office of the Chief Counsel for Trade Enforcement & Compliance, Office of the General Counsel, U.S. Department of Commerce, of Washington, DC. With them on the brief was Caroline D. Bisk .

Enbar Toledano , Wiley Rein LLP, of Washington, DC, argued for defendant-intervenor. With her on the brief were Daniel B. Pickard , Stephanie M. Bell and Cynthia C. Galvez .

OPINION

This case presents the potential tension in the administrative process between the statutory obligation of an agency to render its determinations within clear time deadlines and the ability of parties to participate in a meaningful fashion in that process. It involves the application of adverse...

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