GPX INTERNATIONAL TIRE CORPORATION and Hebei Starbright Tire Co., Ltd., Plaintiffs-Appellees, and
Tianjin United Tire & Rubber International Co., Ltd., Plaintiff-Appellee,
v.
UNITED STATES, Defendant-Appellant, and
Titan Tire Corporation and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied International and Service Workers International Union, AFL-CIO-CLC, Defendants-Appellants, and
Bridgestone Americas, Inc. and Bridgestone Americas Tire Operations, LLC, Defendants-Appellants.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
May 9, 2012.
May 9, 2012.
Attorney(s) appearing for the Case
Michael D. Panzera , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, filed a petition for rehearing en banc and a letter brief for defendant-appellant United States. With him on the petition were Tony West , Assistant Attorney General, Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Franklin E. White, Jr. , Assistant Director. Of counsel was John D. McInerney , Chief Counsel, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC.
Terence P. Stewart , Stewart and Stewart, of Washington, DC, filed a combined petition for panel rehearing and rehearing en banc and a letter brief for defendants-appellants Titan Tire Corporation, et al. With him on the petition and letter brief were Wesley K. Caine and Elizabeth J. Drake .
Daniel L. Porter , Curtis, Mallett-Prevost, Colt & Mosle LLP, of Washington, DC, filed responses to the petitions and a letter brief for plaintiffs-appellees GPX International Tire Corporation and Hebei Starbright Tire Co., Ltd. With him on the responses and letter brief were James P. Durling , William H. Barringer , and Matthew P. McCullough .
Francis J. Sailer , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP, of Washington, DC, filed a response to the petitions and a letter brief for plaintiff-appellee Tianjin United Tire & Rubber International Co., Ltd. With him on the response and letter brief were Andrew T. Schutz and Mark E. Pardo .
Before RADER, Chief Judge, LINN and DYK, Circuit Judges.
United States Court of Appeals, Federal Circuit.
ORDER
DYK, Circuit Judge.
The United States and Titan Tire Corporation, et al. petition for rehearing of our December 19, 2011, decision in GPX International Tire Corp. v. United States,666 F.3d 732 (Fed.Cir.2011). In that decision, we held that "in amending and reenacting the trade laws in 1988 and 1994, Congress adopted the position that countervailing duty law does not apply to NME countries," and thus, "countervailing...
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