HILEX POLY CO., LLC v. UNITED STATES

Slip Op. No. 22-72 Court No. 17-00090.

581 F.Supp.3d 1319 (2022)

HILEX POLY CO., LLC, et al., Plaintiffs, v. UNITED STATES, et al., Defendants.

United States Court of International Trade.

June 16, 2022.


Attorney(s) appearing for the Case

J. Michael Taylor , King & Spalding LLP, of Washington, D.C., for plaintiffs Hilex Poly Co., LLC, Superbag LLC (successor to Superbag Corporation), Unistar Plastics, LLC, Command Packaging, LLC (successor to Grand Packaging Inc. d/b/a Command Packaging), Roplast Industries Inc., and US Magnesium LLC (successor to Magnesium Corporation of America). With him on the submissions were Jeffrey M. Telep , Jeremy M. Bylund , and Neal J. Reynolds .

Beverly A. Farrell , Senior Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY, for defendants United States, U.S. Customs and Border Protection, and Chris Magnus, Commissioner of U.S. Customs and Border Protection. With her on the submission were Brian M. Boynton , Principal Deputy Assistant Attorney General, Jeanne E. Davidson , Director, and Justin R. Miller , Attorney-in-Charge, International Trade Field Office. Of counsel were Suzanna Hartzell-Ballard and Jessica Plew , Office of Assistant Chief Counsel, U.S. Customs and Border Protection, of Indianapolis, Indiana.


OPINION

Plaintiffs Hilex Poly Co., LLC, Superbag LLC, Unistar Plastics, LLC, Command Packaging, LLC, Roplast Industries Inc., and US Magnesium LLC are U.S. companies that qualified as "affected domestic producers" ("ADPs") entitled to receive certain cash distributions under the Continued Dumping and Subsidy Offset Act...

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