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GPX INTERN. TIRE CORP. v. U.S.

Nos. 2014-1188, 2014-1248.

780 F.3d 1136 (2015)

GPX INTERNATIONAL TIRE CORPORATION, Hebei Starbright Tire Co., Ltd., Tianjin United Tire & Rubber International Co., Ltd., Plaintiffs-Appellants Ministry of Commerce, People's Republic of China, Plaintiff v. UNITED STATES, Defendant-Appellee. Bridgestone Americas, Inc., Bridgestone Americas Tire Operations, LLC, Defendants Titan Tire Corporation, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

March 13, 2015.

Attorney(s) appearing for the Case

James P. Durling , Curtis, Mallet-Prevost, Colt & Mosle LLP, Washington, DC, argued for plaintiffs-appellants GPX International Tire Corporation, Hebei Starbright Tire Co., Ltd. Also represented by Daniel L. Porter , Christopher Dunn , Matthew Paul McCullough , Ross Bidlingmaier , William H. Barringer.

Mark B. Lehnardt , Lehnardt & Lehnardt, LLC, Liberty, MO, for plaintiff-appellant Tianjin United Tire & Rubber International Co., Ltd.

Alexander V. Sverdlov , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington DC, argued for defendant-appellee United States. Also represented by Stuart F. Delery , Jeanne E. Davidson , Franklin E. White, Jr. ; John D. McInerney , Daniel Joseph Calhoun , Devin S. Sikes , Office of the Chief Counsel for Trade Enforcement & Compliance, United States Department of Commerce, Washington, DC.

Elizabeth Drake , Stewart and Stewart, Washington, DC, argued for defendants-appellees Titan Tire Corporation, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC. Also represented by Terence Patrick Stewart , Patrick John McDonough.

Concurring opinion filed by Circuit Judge O'MALLEY.

GPX International Tire Corp. and Hebei Starbright Tire Co., Ltd. (collectively, "GPX") appeal a Court of International Trade ("Trade Court") decision upholding the Department of Commerce's ("Commerce") imposition of both antidumping and countervailing duties. Commerce acted pursuant to a 2012 law that overruled this court's decision...

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