TRANS TEXAS TIRE, LLC v. UNITED STATES

Consol. Court No. 19-00188 Slip Op. 21-62.

519 F.Supp.3d 1275 (2021)

TRANS TEXAS TIRE, LLC, Plaintiff, and Zhejiang Jingu Company Limited, Consolidated Plaintiff, v. UNITED STATES, Defendant, and Dexstar Wheel, Defendant-Intervenor.

United States Court of International Trade.

May 18, 2021.


Attorney(s) appearing for the Case

Jordan C. Kahn , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of New York, N.Y. and Washington, D.C., argued for plaintiff. With him on the briefs were Ned H. Marshak , Alan R. Klestadt , and Max F. Schutzman .

Ting-Ting Kao , White & Case LLP, of Washington, D.C. and New York, N.Y., argued for consolidated plaintiff. With her on the briefs were Walter J. Spak and Jay C. Campbell .

Ashley Akers , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., argued for defendant. With her on the briefs were Ethan P. Davis , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and L. Misha Preheim , Assistant Director. Of Counsel Brandon J. Custard , Senior Attorney, Office of Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce, With them on the post argument submission were Brian M. Boynton , Acting Assistant Attorney General, and Daniel J. Calhoun , Assistant Chief Counsel.

Nicholas J. Birch , Schagrin Associates, of Washington, D.C., argued for defendant-intervenor. With him on the brief was Roger B. Schagrin and Geert De Prest .


OPINION

Was the final scope determination by the U.S. Department of Commerce ("Commerce") in an antidumping duties ("AD") investigation a permissible clarification or an improper scope expansion in the application of duties to a product manufactured in China and sold at less than fair value in the...

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