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MACLEAN-FOGG CO. v. U.S.

No. 2013-1187.

753 F.3d 1237 (2014)

MacLEAN-FOGG COMPANY, and Fiskars Brands, Incorporated, Plaintiffs, and Ningbo Yili Import & Export Co., Ltd., Plaintiff, and Evergreen Solar, Inc., Plaintiff-Appellant, and Eagle Metals Distributors, Inc., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Aluminum Extrusions Fair Trade Committee, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 3, 2014.

Attorney(s) appearing for the Case

Mark B. Lehnardt , Lehnardt & Lehnardt LLC, of Liberty, Missouri, argued for all plaintiffs-appellants. With him on the brief was Craig A. Lewis , Hogan Lovells U.S. LLP, of Washington, DC, for plaintiff-appellant Evergreen Solar, Inc. Of counsel was Wesley V. Carrington.

Tara K. Hogan , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendantappellee United States. With her on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Reginald T. Blades, Jr. , Assistant Director. Of counsel on the brief was Joanna Theiss , Attorney, Office for Chief Counsel for Import Trade Administration, United States Department of Commerce, of Washington, DC.

Alan H. Price , Wiley Rein LLP, of Washington, DC, for defendant-appellee Aluminum Extrusions Fair Trade Committee. Of counsel were Robert E. Defrancesco, III , and Laura El-Sabaawi.

Opinion for the court filed by Circuit Judge CLEVENGER. Dissenting opinion filed by Circuit Judge REYNA.

CLEVENGER, Circuit Judge.

Evergreen Solar, Inc. and Eagle Metal Distributors, Inc. (collectively, the "Appellants") appeal the final decision of the United States Court of International Trade sustaining the final all-others countervailing duty rate set by the Department of Commerce ("Commerce") in an investigation of aluminum extrusions imported from the People's Republic of China. MacLean-Fogg Co. v. United States, 885 F.Supp.2d 1337

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