ASHLEY FURNITURE INDUSTRIES, INC., Plaintiff-Appellant,
v.
UNITED STATES, Defendant-Appellee, and
United States International Trade Commission, Defendant-Appellee, and
American Furniture Manufacturers Committee for Legal Trade, Kincaid Furniture Co., Inc., L. & J.G. Stickley, Inc., Sandberg Furniture Manufacturing Company, Inc., Stanley Furniture Company, Inc., T. Copeland and Sons, Inc., And Vaughan-Bassett Furniture Company, Inc., Defendants-Appellees.
Ethan Allen Global, Inc. and Ethan Allen Operations, Inc., Plaintiffs-Appellants,
v.
United States and United States Customs and Border Protection, Defendants-Appellees, and
International Trade Commission, Defendant-Appellee, and
Kincaid Furniture Co., Inc., L. & J.G. Stickley, Inc., Sandberg Furniture Manufacturing Company, Inc., Stanley Furniture Company, Inc., T. Copeland and Sons, Inc., and Vaughan-Bassett Furniture Company, Inc., Defendants-Appellees.
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Franklin E. White, Jr. , Assistant Director, 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 Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Jessica R. Toplin , Trial Attorney. Of counsel were Courtney Sheehan McNamara, Trail Attorney.
Patrick V. Gallagher, Jr. , Attorney, Office of General Counsel, United States International Trade Commission, of Washington, DC, argued of defendant-appellee United States International Trade Commission. With him on the brief were Dominic L. Bianchi , Acting General Counsel, Neal J. Reynolds , Assistant General Counsel for Litigation.
Ashley C. Parrish , King & Spalding LLP, of Washington, DC, argued for defendants-appellees American Furniture Manufacturers Committee for Legal Trade, et al. With her on the brief were Joseph W. Dorn and Jeffrey M. Telep . Of counsel on the brief was Richard H. Fallon , of Cambridge, Massachusetts.
David W. Debruin , Jenner & Block, LLP, of Washington, DC, for amicus curiae Furniture Brands International, et al. With him on the brief was Matthew E. Price .
Franklin E. White, Jr. , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States, et al. With him on the brief were STUART F. DELERY , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Jessica R. Toplin , Trial Attorney. Of counsel was Courtney Sheehan McNamara , Trial Attorney.
Patrick V. Gallagher, Jr. , Attorney, Office of General Counsel, United States International Trade Commission, of Washington, DC, argued for defendant-appellee International Trade Commission. With him on the brief were Dominic L. Bianchi , Acting General Counsel, Neal J. Reynolds , Assistant General Counsel for Litigation, and Geoffrey S. Carlson , Attorney.
David W. Debruin , Jenner & Block, LLP, of Washington, DC, for amicus curiae Furniture Brands International, Inc., et al. With him on the brief was Matthew E. Price .
Before PROST, CLEVENGER, and MOORE, Circuit Judges.
United States Court of Appeals, Federal Circuit.
MOORE, Circuit Judge.
Ashley Furniture, Inc., Ethan Allen Global, Inc., and Ethan Allen Operations, Inc. (Appellants) appeal from the decisions of the Court of International Trade (CIT) dismissing Appellants' complaints seeking compensation pursuant to the Continued Dumping and Subsidy Offset Act (the Byrd Amendment) for failure to state a claim for relief. Because the CIT correctly concluded that Appellants are not Affected Domestic Producers (ADPs) within the meaning...
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