No. 2010-1395.

661 F.3d 1322 (2011)

TIANRUI GROUP COMPANY LIMITED and TianRui Group Foundry Company Limited, Appellants, and Standard Car Truck Company, Inc. and Barber TianRui Railway Supply, LLC, Appellants, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Amsted Industries Incorporated, Intervenor.

United States Court of Appeals, Federal Circuit.

October 11, 2011.

Attorney(s) appearing for the Case

Tom M. Schaumberg , Adduci, Mastriani & Schaumber, LLP, of Washington, DC, argued for all appellants. With him on the brief for TianRui Group Company Limited, et al., was Jonathan J. Engler . Also on the brief, were Joel M. Freed , McDermott Will & Emery, LLP, of Washington, DC; and Ruixue Ran , Jun He Law Offices, of Beijing, P.R. China. Of counsel were Steven H. Hoeft , McDermott, Will & Emery, LLP, of Washington.

Andrea C. Casson , Assistant General Counsel, Office of the General Counsel, United States International Trade Commission, of Washington, DC, for Appellee. With him on the brief were James M. Lyons , General Counsel, and Clint A. Gerdine , Attorney.

Dean A. Pelletier , McAndrews, Held & Malloy, Ltd., of Chicago, Illionis, for intervenor. With him on the brief were Gregory J. Vogler , Wilhelm L. Rao , Yufeng Ma , and Michael J. Krautner . Of counsel on the brief were Lyle B. Vander Schaaf and Jay H. Reiziss , Brinks Hofer Gilson & Lione, of Washington, DC.

Before BRYSON, SCHALL, and MOORE, Circuit Judges.

Opinion for the court filed by Circuit Judge BRYSON. Dissenting opinion filed by Circuit Judge MOORE.

BRYSON, Circuit Judge.

This appeal arises from a determination by the International Trade Commission that the importation of certain cast steel railway wheels violated section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337. The Commission found that the wheels were manufactured using a process that was developed...

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