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DIAMOND SAWBLADES MFRS. COALITION v. U.S.

Nos. 2010-1024, 2010-1090.

626 F.3d 1374 (2010)

DIAMOND SAWBLADES MANUFACTURERS COALITION, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant, and Saint-Gobain Abrasives, Inc., Defendant-Appellant, and Hebei Jikai Industrial Group Co., Ltd., and Husqvarna Construction Products North America, Inc., Defendants-Appellants, and Ehwa Diamond Industrial Co., Ltd., Defendant-Appellant, and Bosun Tools Group Co., Ltd., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

December 9, 2010.

Attorney(s) appearing for the Case

Daniel B. Pickard , Wiley Rein LLP, of Washington, DC, argued for plaintiff-appellee. With him on the brief was Maureen E. Thorson.

Delisa M. Sanchez , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant United States. With her on the brief were TONY WEST , Assistant Attorney General, Jeanne E. Davidson , Director, and Franklin E. White, Jr. , Assistant Director.

Kenneth George Weigel , Alston & Bird, LLP, of Washington, DC, argued for defendants-appellants Hebei Jikai Industrial Group Co., Ltd, et al. With him on the brief for Hebei Jikai Industrial Group Co., Ltd, and Husqvarna Construction Products North America, Inc. was Elizabeth M. Hein.

Lynn M. Fischer Fox , Fischer Fox Global PLLC, of Washington, DC, for defendant-appellant Saint-Gobain Abrasives, Inc.

J. David Park , Akin, Gump Strauss Hauer & Feld LLP, of Washington, DC, for defendant-appellant Ehwa Diamond Industrial Co., Ltd. Of counsel were Jarrod M. Goldfeder , Spencer S. Griffith and Lisa W. Ross.

Gregory S. Menegaz , Dekieffer & Horgan, of Washington, DC, for defendant-appellant Bosun Tools Group Co., Ltd. Of counsel was James Kevin Horgan.

Before LOURIE, BRYSON, and DYK, Circuit Judges.

BRYSON, Circuit Judge.

In this antidumping case, the Court of International Trade issued a writ of mandamus to the Department of Commerce directing Commerce to issue antidumping duty orders and require the collection of cash deposits on certain merchandise imported from China and Korea. Commerce and several importers appealed, arguing that Commerce had no duty to issue such orders prior to the termination of all judicial...

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