MS SOLAR INVESTMENTS, LLC v. UNITED STATES

Slip Op. 22-140 Court No. 21-00303.

605 F.Supp.3d 1372 (2022)

MS SOLAR INVESTMENTS, LLC, and its affiliates, successors, and assigns, Plaintiff, v. UNITED STATES; United States Department of Commerce; Gina M. Raimondo, Secretary of Commerce; United States Customs & Border Protection; Troy A. Miller, Acting Commissioner, Defendants.

United States Court of International Trade.

December 12, 2022.


Attorney(s) appearing for the Case

Mark D. Herlach , Olivia Pribich , Eversheds Sutherland (US) LLP, of Washington, D.C., for Plaintiff MS Solar Investments, LLC.

Bryan M. Boynton , Assistant Attorney General, U.S. Department of Justice, of Washington, D.C., for Defendant United States. With him on the brief were Patricia M. McCarthy , Director, Justin R. Miller , Attorney-In-Charge, International Trade Field Office, Aimee Lee , Assistant Director, and Marcella Powell , Senior Trial Counsel, International Field Office, Commercial Litigation Branch. Of counsel on the brief were Leslie M. Lewis , Attorney, Office of Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce, and Sabahat Chaudhary , Attorney, Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection.


OPINION

This case involves a challenge to an antidumping duty order on solar cells from the People's Republic of China ("China"). Before the Court is Defendants' Motion to Dismiss ("Defs.' Mot. Dismiss"), filed by Defendants United States, United States Department of Commerce, Secretary of Commerce...

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