GUANGDONG WIREKING HOUSEWARES & HARDWARE v. U.S.

No. 2013-1404.

745 F.3d 1194 (2014)

GUANGDONG WIREKING HOUSEWARES & HARDWARE CO., LTD., Plaintiff-Appellant, and Bureau of Fair Trade for Imports & Exports, Ministry of Commerce, The People's Republic of China, Plaintiff, v. UNITED STATES, Defendant-Appellee, and Nashville Wire Products, Inc. and SSW Holding Company, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

March 18, 2014.


Attorney(s) appearing for the Case

James P. Durling , Curtis, Mallet-Prevost, Colt & Mosle LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Daniel L. Porter , Christopher Dunn , Matthew P. McCullough , and Ross Bidlingmaier .

Alexander V. Sverdlov , Trial Attorney, 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 , Assistant Attorney General, Jeanne E. Davidson , Director, and Franklin E. White, Jr. , Assistant Director. Of counsel on the brief were John D. McInerney , Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC, Daniel J. Calhoun and Devin S. Sikes , Attorneys.

Paul C. Rosenthal , Kelley Drye & Warren LLP, of Washington, DC, argued for defendants-appellees Nashville Wire Products, Inc., et al. With him on the brief were Kathleen W. Cannon , Benjamin Blase Caryl , and Katherine E. Wang . Of counsel on the brief was David C. Smith, Jr .

Before DYK, O'MALLEY, and CHEN, Circuit Judges.


DYK, Circuit Judge.

Appellant Guangdong Wireking Housewares & Hardware, Co., Ltd. ("Wireking") appeals from a judgment of the Court of International Trade ("Trade Court"). In 2012, Congress enacted new legislation that overruled our decision in GPX Int'l Tire Corp. v. United States, 666 F.3d 732 (Fed.Cir.2011) ("GPX I"), reh'g granted, 678 F.3d 1308...

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