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SCHAEFFLER GROUP USA, INC. v. U.S.

Slip Op. 12-8. Court No. 06-00432.

808 F.Supp.2d 1358 (2012)

SCHAEFFLER GROUP USA, INC., Plaintiff, v. UNITED STATES, United States Customs and Border Protection, and United States International Trade Commission, Defendants, and The Timken Company and MPB Corporation, Defendant Intervenors.

United States Court of International Trade.

January 17, 2012.

Attorney(s) appearing for the Case

Max F. Schutzman , and Andrew T. Schutz , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP, of New York, NY, for plaintiff.

David S. Silverbrand , and Courtney S. McNamara , Trial Attorneys, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for defendant United States Customs and Border Protection. With them on the briefs were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, Franklin E. White, Jr. , Assistant Director, and Andrew G. Jones , Office of Assistant Chief Counsel, United States Customs and Border Protection, of counsel.

Patrick V. Gallagher, Jr. , Attorney Advisor, Office of the General Counsel, U.S. International Trade Commission, of Washington, DC, for defendant, U.S. International Trade Commission. With him on the briefs were James M. Lyons , General Counsel, and Neal J. Reynolds , Assistant General Counsel for Litigation.

Geert De Prest , Stewart and Stewart, of Washington, DC, for defendant intervenors. With him on the brief were Terence P. Stewart , Amy S. Dwyer , and Patrick J. McDonough .

Before: GREGORY W. CARMAN, Judge, TIMOTHY C. STANCEU, Judge, LEO M. GORDON, Judge.

OPINION

CARMAN, Judge:

Plaintiff brought five cases1 challenging the constitutionality of the Continued Dumping and Subsidy Offset Act of 2000 ("CDSOA" or "Byrd Amendment").2 These cases were consolidated by order of the Court under Consol. Ct. No. 06-00432. (Order (Feb. 15, 2011), ECF No. 37.) Plaintiff claims that it unlawfully was denied affected domestic producer ("ADP") status, which would...

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