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LUOYANG BEARING CORPORATION (GROUP) v. U.S.

Slip Op. 20-78 Court No. 19-00026.

450 F.Supp.3d 1402 (2020)

LUOYANG BEARING CORPORATION (GROUP), Plaintiff, v. UNITED STATES, Defendant, and The Timken Company, Defendant-Intervenor.

United States Court of International Trade.

June 1, 2020.

Attorney(s) appearing for the Case

Edmund W. Sim , Appleton Luff Pte Ltd., of Washington, DC, argued for plaintiff. With him on the briefs were Kelly A. Slater and Jay Y. Nee.

Kelly A. Krystyniak , Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant. With her on the brief were Joseph H. Hunt , Assistant Attorney General, Jeanne E. Davidson , Director, and L. Misha Preheim , Assistant Director. Of counsel was Nikki Kalbing , Office of the Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce, of Washington, DC. Of counsel on the brief was James Henry Ahrens II.

Geert De Prest , Schagrin Associates, of Washington, DC, argued for defendant-intervenor. With him on the brief was Nicholas J. Birch.

OPINION

This case implicates the exhaustion of administrative remedies requirement of the Customs Courts Act of 1980, 28 U.S.C. § 2637(d) (2018), and provides occasion to consider the "futility" exception to that statute.

Plaintiff Luoyang Bearing Corporation (Group) ("Luoyang"), a foreign...

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