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PAPIERFABRIK AUGUST KOEHLER AG v. U.S.

Slip Op. 12-5. Court No. 08-00430.

808 F.Supp.2d 1350 (2012)

PAPIERFABRIK AUGUST KOEHLER AG and Koehler America, Inc., Plaintiffs, and Mitsubishi Int'l Corp., Mitsubishi Hi-Tec Paper Flensburg GmbH, and Mitsubishi Hi-Tec Paper Bielefeld GmbH, Plaintiff-Intervenors, v. The UNITED STATES and the United States International Trade Commission, Defendants, and Appleton Papers Inc., Defendant-Intervenor.

United States Court of International Trade.

January 10, 2012.

Attorney(s) appearing for the Case

William Silverman and Richard P. Ferrin , Drinker Biddle & Reath LLP, of Washington, DC, for the Plaintiffs.

Eric C. Emerson and Jamie B. Beaber , Steptoe & Johnson LLP, of Washington, DC, for the Plaintiff-Intervenors.

David F. D'Alessandris , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for Defendants. With him on the briefs were Tony West , Assistant Attorney General; Jeanne E. Davidson , Director; and Patricia M. McCarthy , Assistant Director.

Marc A. Bernstein , Office of General Counsel, United States International Trade Commission, of Washington, DC, for Defendant United States International Trade Commission. With him on the briefs were James M. Lyons , General Counsel, and Neal J. Reynolds , Assistant General Counsel for Litigation.

Joseph W. Dorn , Gilbert B. Kaplan , Brian E. McGill , and Daniel L. Schneiderman , King & Spalding LLP, of Washington, DC, for the Defendant-Intervenors.

OPINION

POGUE, Chief Judge:

This case returns to court following remand ordered by the Court of Appeals for the Federal Circuit in Papierfabrik August Koehler AG v. United States, 413 Fed.Appx. 227 (Fed.Cir.2011) ("Koehler II").1 On remand, the International Trade Commission (the "ITC" or "Commission") found—after obtaining and taking into consideration...

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