PS CHEZ SIDNEY, L.L.C. v. U.S. INTERN. TRADE COM'N

Nos. 2008-1526, 2008-1527, 2008-1534.

684 F.3d 1374 (2012)

PS CHEZ SIDNEY, L.L.C., Plaintiff-Appellee, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, Defendant-Appellant, and United States Customs Service, Defendant-Appellant, and Crawfish Processors Alliance, Defendant-Appellant, and Commissioner Bob Odom and Louisiana Department of Agriculture and Forestry, Defendants.

United States Court of Appeals, Federal Circuit.

July 13, 2012.


Attorney(s) appearing for the Case

Michael T. Shor , Arnold & Porter, LLP, of Washington, DC, argued for plaintiff-appellee. With him on the brief was William E. Brown , of Knoxville, Tennessee. Of counsel was Erum Z. Mirza , Arnold & Porter, LLP, of Washington, DC.

Patrick V. Gallagher, Jr. , Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for defendant-appellant United States International Trade Commission. With him on the brief were James M. Lyons , General Counsel, and Neal J. Reynolds , Assistant General Counsel for Litigation.

Franklin E. White, Jr. , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant United States Customs and Border Protection. With him on the brief were Tony West , Assistant Attorney General, and Jeanne E. Davidson , Director. Of counsel on the brief was Andrew G. Jones , Office of Assistant Chief Counsel, United States Customs and Border Protection, of Washington, DC.

John C. Steinberger , Adduci, Mastriani, & Schaumberg, L.L.P., of Washington, DC, argued for defendant-appellant Crawfish Processors Alliance. With him on the brief was Will E. Leonard .

Before RADER, Chief Judge, NEWMAN and REYNA, Circuit Judges.


REYNA, Circuit Judge.

The now-repealed Continued Dumping and Subsidy Offset Act of 2000 (the "Byrd Amendment") allowed affected domestic producers ("ADPs") to receive distributions of antidumping duties collected by the United States. See Pub.L. No. 106-387, §§ 1001-1003, 114 Stat. 1549, 1549A-72 to -75 (codified at 19 U.S.C. § 1675c (2000)), repealed by Deficit Reduction Act of 2005, Pub.L. No. 109-171, § 7601, 120 Stat. 4, 154 ...

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