KYD, INC. v. U.S.

No. 2009-1366.

607 F.3d 760 (2010)

KYD, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Polyethylene Retail Carrier Bag Committee, Hilex Poly Co., LLC, and Superbag Corporation, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

May 28, 2010.


Attorney(s) appearing for the Case

David J. Craven, Riggle & Craven, of Chicago, IL, argued for plaintiff-appellant.

David L. Silverbrand, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director. Of counsel was Scott D. McBride, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC.

Daniel L. Schneiderman, King & Spalding LLP, of Washington, DC, argued for defendants-appellees Polyethylene Retail Carrier Bag Committee, et al. With him on the brief was Stephen A. Jones. Of counsel was Joseph W. Dorn.

Opinion concurring-in-part and dissenting-in part filed by Circuit Judge DYK.


BRYSON, Circuit Judge.

KYD, Inc., an importer of polyethylene retail carrier bags ("PRCBs"), challenges an antidumping duty imposed on bags made by King Pac Industrial Co., Ltd., a Thai company that manufactured the bags KYD imported. KYD appeals from a decision of the Court of International Trade, which affirmed a determination by the Department of Commerce setting the antidumping duty rate for King Pac's bags at 122.88 percent.

I

In 2004, Commerce...

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