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DAK AMERICAS LLC v. UNITED STATES

Court No. 18-00238 Slip Op. 21-52.

517 F.Supp.3d 1349 (2021)

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.

May 3, 2021.

Attorney(s) appearing for the Case

Paul C. Rosenthal , Kathleen W. Cannon , and Brooke M. Ringel , Kelly Drye & Warren, LLP, of Washington, DC, for plaintiffs.

Brian R. Allen , Attorney-Advisor, Office of the General Counsel, U.S. International Trade Commission, of Washington, DC, 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, for defendantintervenors, Novatex Limited and G-PAC Corporation. With her on the joint brief was Neil R. Ellis , Law Offices of Neill Ellis PLLC, 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 , Joel D. Kaufman , Luke M. Tillman , and Judy (Zhu) Wang , Steptoe & Johnson LLP, of Washington, DC, for defendant-intervenor, iResin, LLC.

OPINION

In its prior opinion in this case, the court, noting the Aristotelian maxim that "like cases should be treated alike," observed that consistency is a core value of administrative law. DAK Americas LLC v. United States, 44 CIT ___, ___, 456 F.Supp.3d 1340, 1346 (2020...

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