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HILEX POLY CO., LLC v. U.S.

Slip Op. No. 20-77 Court No. 17-00090.

450 F.Supp.3d 1390 (2020)

HILEX POLY CO., LLC, et al., Plaintiffs, v. UNITED STATES, et al., Defendant.

United States Court of International Trade.

June 1, 2020.

Attorney(s) appearing for the Case

J. Michael Taylor , King & Spalding LLP, of Washington D.C., argued for plaintiffs Hilex Poly Co., LLC; Superbag Corporation; Unistar Plastics LLC; Grand Packaging Inc. d/b/a Command Packaging; Roplast Industries Inc.; and US Magnesium LLC (successor to Magnesium Corporation of America). With him on the briefs were Jeffrey M. Telep and Neal J. Reynolds.

Beverly A. Farrell , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY. argued for defendants United States, Kevin K. McAleenan, Acting Commissioner of Customs, and U.S. Customs and Border Protection. With her on the briefs were Joseph H. Hunt , Assistant Attorney General, Jeanne E. Davidson , Director and Amy M. Rubin , Assistant Director. Of counsel were Suzanna Hartzell-Ballard and Jessica Plew , Office of Assistant Chief Counsel, U.S. Customs and Border Protection, of Indianapolis, Indiana.

OPINION AND ORDER

Plaintiffs contest a decision of U.S. Customs and Border Protection ("Customs" or "CBP") under which Customs did not include a type of interest ("delinquency interest") in monetary distributions Customs made to them under the Continued Dumping and...

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