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GOODLUCK INDIA LTD. v. UNITED STATES

Slip Op. 23-164 Court No. 22-00024.

670 F.Supp.3d 1353 (2023)

GOODLUCK INDIA LIMITED, Plaintiff, v. UNITED STATES, Defendant, and Arcelormittal Tubular Products, Michigan Seamless Tube, LLC, PTC Alliance Corp., Webco Industries, Inc., Zekelman Industries, Inc., and Plymouth Tube Co., USA, Defendant-Intervenors.

United States Court of International Trade.

November 21, 2023.

Attorney(s) appearing for the Case

Jordan C. Kahn , Grunfeld Desiderio Lebowitz Silverman & Klestdt, LLP, of New York, N.Y. and Washington, D.C., argued for Plaintiff Goodluck India Limited. With him on the briefs were Ned H. Marshak and Michael S. Holton .

Ioana C. Meyer , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., argued for Defendant United States. With her on the briefs were Brian M. Boynton , Principal Deputy Assistant Attorney General, Patricia M. McCarthy , Director, and Claudia Burke , Assistant Director. Of Counsel Ayat Mujais , Senior Attorney, Office of the Chief Counsel for Trade Enforcement & Compliance.

R. Alan Luberda , Kelley Drye & Warren, LLP, of Washington, D.C., argued for Defendant-Intervenors ArcelorMittal Tubular Products, Michigan Seamless Tube, LLC, PTC Alliance Corp., Webco Industries, Inc., Zekelman Industries, Inc., and Plymouth Tube Co., USA. With him on the briefs were David C. Smith, Jr. and Julia A. Kuelzow.

OPINION

At the heart of this case is a challenging and uncommon question of trade administration and procedure: what obligation does a foreign exporter or producer have in requesting ongoing administrative reviews ("ARs") when, pending a final court decision after a Timken...

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