GARG TUBE EXPORT LLP v. UNITED STATES

Slip Op. 22-120 Court No. 20-00026.

600 F.Supp.3d 1276 (2022)

GARG TUBE EXPORT LLP and Garg Tube Limited, Plaintiffs, v. UNITED STATES, Defendant, and Wheatland Tube and Nucor Tubular Products Inc., Defendant-Intervenors.

United States Court of International Trade.

October 24, 2022.


Attorney(s) appearing for the Case

Ned H. Marshak and Jordan C. Kahn , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of New York, NY, for plaintiffs Garg Tube Export LLP and Garg Tube Limited.

Robert R. Kiepura , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., for defendant United States. Also on the brief were Brian M. Boynton , Principal Deputy Assistant Attorney General, Patricia M. McCarthy , Director, and Franklin E. White, Jr. , Assistant Director. Of counsel was Shelby M. Anderson , Senior Attorney, Office of the Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce, of Washington, D.C.

Robert E. DeFrancesco, III , Theodore P. Brackemyre , Alan H. Price , and Paul A. Devamithran , Wiley Rein LLP, of Washington, D.C., for defendant-intervenor Nucor Tubular Products, Inc.


OPINION

Before the court is the U.S. Department of Commerce's ("Commerce") second redetermination on remand filed pursuant to the court's order in Garg Tube Exp., LLP v. United States, 569 F.Supp.3d 1202 (Ct. Int'l Trade 2022) ("Garg II") in connection with...

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