ASHLEY FURNITURE INDUSTRIES, INC. v. U.S.

Nos. 2012-1196, 2012-1200.

734 F.3d 1306 (2013)

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.

United States Court of Appeals, Federal Circuit.

August 19, 2013.


Attorney(s) appearing for the Case

Kevin Russell , Goldstein & Russell, P.C., of Washington, DC, argued for plaintiff-appellant Ashley Furniture Industries, Inc., et al. in appeal no.2012-1196. With him on the brief were Kristin H. Mowry , Jeffrey S. Grimson , Jill A. Cramer , Susan Lehman Brooks and Sarah M. Wyss , Mowry & Grimson, PLLC, of Washington, DC.

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.

Herbert C. Shelley , Steptoe & Johnson, LP, of Washington DC for amici curiae, SKF USA, Inc., et al. With him on the brief was Michael T. Gershberg . Of counsel on the brief were John M. Gurley , Nancy A. Noonan and Diana Dimitriuc-Quaia , Arent Fox LLP, of Washington DC.

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 .

Terence P. Stewart , Stewart and Stewart of Washington, DC, for amici curiae Timken Company, et al. With him on the brief were Geert De Prest and Patrick J. McDonough . Of counsel on the brief were Roy T. Englert, Jr. , Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, of Washington, DC.

Christopher T. Handman , Hogan Lovells U.S. LLP, of Washington, DC, argued for plaintiffs-appellants Ethan Allen Global, Inc., et al., in appeal no.2012-1200. With him on the brief were Craig A. Lewis and Jonathan T. Stoel .

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.

Ashley C. Parrish , King & Spalding, LLP, of Washington, DC, argued for defendants-appellees Kincaid Furniture Co., Inc., 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.

Herbert C. Shelley , Steptoe & Johnson, LLP, of Washington, DC, for amici curiae SKF USA, Inc., et al. With him on the brief was Michael T. Gershberg . Of counsel on the brief were John M. Gurley , Nancy A. Noonan and Diana Dimitriuc-Quaia , Arent Fox, LLP, of Washington, DC.

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 .

Terence P. Stewart , Stewart and Stewart of Washington, DC, for amici curiae Timken Company, et al. With him on the brief were Geert De Prest and Patrick J. McDonough . Of counsel on the brief were Roy Englert, Jr. , Robbins, Russell, Englert, Orseck, Untereiner and Sauber, LLP, of Washington, DC.

Before PROST, CLEVENGER, and MOORE, Circuit Judges.


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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