MICHAELS STORES, INC. v. U.S.

No. 2014-1051.

766 F.3d 1388 (2014)

MICHAELS STORES, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 10, 2014.


Attorney(s) appearing for the Case

Matthew R. Nicely , Hughes Hubbard & Reed LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Lynn G. Kamarck and Alexandra B. Hess.

Stephen C. Tosini , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Stuart F. Delery , Assistant Attorney General, Jeanne E. Davidson , Director, and Patricia M. McCarthy , Assistant Director. Of counsel on the brief was Daniel J. Calhoun , Senior Attorney, Office of the Chief Counsel for Trade Enforcement and Compliance, United States Department of Commerce, of Washington, DC.

Before PROST, Chief Judge, CLEVENGER and CHEN, Circuit Judges.


PROST, Chief Judge.

American arts and crafts supply retailer Michaels Stores, Inc. ("Michaels") appeals from the decision of the United States Court of International Trade affirming the Department of Commerce's ("Commerce") antidumping rates assigned to certain cased pencils manufactured and exported by businesses in the People's Republic of China ("PRC"). Commerce assigned Michaels' exporters a country-wide antidumping cash deposit rate, as opposed to lower rates...

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