ASHLEY FURNITURE INDUSTRIES, LLC v. UNITED STATES

Slip Op. 22-131 Court No. 21-00283.

607 F.Supp.3d 1210 (2022)

ASHLEY FURNITURE INDUSTRIES, LLC; Ashley Furniture Trading Company; Wanek Furniture Co., Ltd.; Millennium Furniture Co., Ltd.; and Comfort Bedding Company Limited, Plaintiffs, v. UNITED STATES, Defendant, and Brooklyn Bedding, LLC; Corsicana Mattress Company; Elite Comfort Solutions; FXI, Inc.; Innocor, Inc.; Kolcraft Enterprises Inc.; Leggett & Platt, Incorporated; the International Brotherhood of Teamsters; and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, Defendant-Intervenors.

United States Court of International Trade.

November 28, 2022.


Attorney(s) appearing for the Case

Kristin H. Mowry and Jeffrey S. Grimson , Mowry & Grimson, PLLC, of Washington, D.C., argued for plaintiffs Ashley Furniture Industries, LLC; Ashley Furniture Trading Company; Wanek Furniture Co., Ltd.; Millennium Furniture Co., Ltd.; and Comfort Bedding Company Limited. With them on the briefs were Jill A. Cramer , Sarah M. Wyss and Jacob M. Reiskin .

Kara M. Westercamp , Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., argued for defendant United States. With her on the brief were Brian M. Boynton , Principal Deputy Assistant Attorney General, Patricia M. McCarthy , Director, and L. Misha Preheim , Assistant Director. Of counsel on the brief was Vania Wang , Attorney, Office of the Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce, of Washington, D.C.

Yohai Baisburd and Chase J. Dunn , Cassidy Levy Kent (USA) LLP, of Washington, D.C., argued for defendant-intervenors Brooklyn Bedding, LLC; Corsicana Mattress Company; Elite Comfort Solutions; FXI, Inc.; Innocor, Inc.; Kolcraft Enterprises Inc.; Leggett & Platt, Incorporated; the International Brotherhood of Teamsters; and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO.


OPINION AND ORDER

Ashley Furniture Industries, LLC ("AFI"), Ashley Furniture Trading Company ("AFTC"), Wanek Furniture Co., Ltd. ("Wanek"), Millennium Furniture Co., Ltd. ("Millennium"), and Comfort Bedding Company Limited ("Comfort Bedding") (collectively, "plaintiffs" or the "Ashley Respondents") challenge...

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