DAK AMERICAS LLC v. U.S.

Slip Op. 20-80 Court No. 18-00238.

456 F.Supp.3d 1340 (2020)

DAK AMERICAS LLC, Indorama Ventures USA, Inc., and Nan Ya Plastics Corporation, America, Plaintiffs, v. UNITED STATES, Defendant, and Novatex Limited, G-PAC Corporation, Niagara Bottling, LLC, and iResin, LLC, Defendant-Intervenors.

United States Court of International Trade.

June 4, 2020.


Attorney(s) appearing for the Case

Paul C. Rosenthal , Kelly Drye & Warren, LLP, of Washington, DC, argued for plaintiffs. With him on the brief were Kathleen W. Cannon , Brooke M. Ringel , and David C. Smith .

Brian R. Allen , Attorney-Advisor, Office of the General Counsel, U.S. International Trade Commission, of Washington, DC, argued for defendant. With him on the brief were Dominic L. Bianchi , General Counsel, and Andrea C. Casson , Assistant General Counsel for Litigation.

Brenda A. Jacobs , Jacobs Global Trade & Compliance LLC, of McLean, VA, argued for defendant-intervenors, Novatex Limited and G-PAC Corporation. With her on the joint brief were Neil R. Ellis and Shawn M. Higgins , Sidley Austin, LLP, of Washington, DC.

John M. Peterson , Neville Peterson LLP, of New York, NY, argued for defendant-intervenor, Niagara Bottling, LLC. With him on the brief were Richard F. O'Neill and Patrick B. Klein .

Susan G. Esserman , Steptoe & Johnson LLP, of Washington, DC, argued for defendant-intervenor, iResin, LLC. With her on the brief were Joel D. Kaufman and Judy (Zhu) Wang .


OPINION

The maxim, "like cases should be treated alike," attributed to the ancient philosopher Aristotle1 in Nicomachean Ethics2, has been characterized more recently by H.L.A. Hart as "a central element in the idea...

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