FABUWOOD CABINETRY CORP. v. UNITED STATES

Slip Op. 21-67 Consol. Court No. 18-00208.

519 F.Supp.3d 1335 (2021)

FABUWOOD CABINETRY CORP., Plaintiff, and Cubitac Cabinetry Corp., and CNC Associates N.Y., Inc., Consolidated Plaintiffs, and IKEA Supply AG, Plaintiff-Intervenor, v. UNITED STATES, Defendant, and Coalition for Fair Trade in Hardwood Plywood and Masterbrand Cabinets Inc., Defendant-Intervenors.

United States Court of International Trade.

May 27, 2021.


Attorney(s) appearing for the Case

Matthew R. Nicely and Julia K. Eppard , Akin, Gump, Strauss, Hauer & Feld, LLP, of Washington, D.C., for plaintiff, Fabuwood Cabinetry Corp.

E. David Smith , Smith & Associates, of Bloomfield, N.J., for consolidated plaintiff, Cubitac Cabinetry Corp.

Andrew T. Schutz and Kavita Mohan , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of Washington, D.C. and New York, N.Y., for consolidated plaintiff, CNC Associates of N.Y., Inc.

Kristen Smith and Sarah E. Yuskaitis , Sandler, Travis & Rosenberg, P.A., of Washington, D.C., for plaintiff-intervenor, IKEA Supply AG.

Sonia M. Orfield , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for defendant. With her on the brief were Brian M. Boynton , Acting Assistant Attorney General, Jeanne E. Davidson , Director and Tara K. Hogan , Assistant Director. Of counsel was Rachel Bogdan , Attorney, Office of the Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce, of Washington, D.C.

Timothy C. Brightbill , Stephanie M. Bell , Tessa V. Capeloto , and Elizabeth S. Lee , Wiley Rein LLP, of Washington, D.C., for defendant-intervenors, Coalition for Fair Trade in Hardwood Plywood and Masterbrand Cabinets, Inc.


OPINION

The court returns to a dispute over a scope ruling regarding antidumping ("AD") duty and countervailing duty ("CVD") orders on certain hardwood plywood products from China. In its original determination, Commerce accepted a scope ruling...

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