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SCHAEFFLER GROUP USA, INC. v. U.S.

No. 2012-1269.

786 F.3d 1354 (2015)

SCHAEFFLER GROUP USA, INC., Plaintiff-Appellant v. UNITED STATES, United States Customs and Border Protection, International Trade Commission, the Timken Company, MPB Corporation, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

May 19, 2015.

Attorney(s) appearing for the Case

Max Fred Schutzman , Grunfeld Desiderio Lebowitz Silverman & Klestadt LLP, New York, N.Y., argued for plaintiff-appellant. Also represented by Andrew Thomas Schutz , Kavita Mohan , Washington, DC.

Martin M. Tomlinson , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendants-appellees United States, United States Customs and Border Protection. Also represented by Joyce R. Branda , Jeanne E. Davidson , Franklin E. White, Jr. ; Jessica Miller , Suzanna Hartzell-Ballard , Office of Assistant Chief Counsel, United States Customs and Border Protection, Indianapolis, IN.

Patrick Vincent Gallagher, Jr. , Office of the General Counsel, International Trade Commission, Washington, DC, argued for defendant-appellee International Trade Commission. Also represented by Dominic L. Bianchi , Robin Lynn Turner , James M. Lyons , Neal J. Reynolds .

Terence Patrick Stewart , Stewart & Stewart, Washington, DC, argued for defendants-appellees The Timken Company, MPB Corporation. Also represented by Geert M. De Prest , Patrick John McDonough .

Concurring opinion filed by Circuit Judge WALLACH.

The Continued Dumping and Subsidy Offset Act of 2000 ("CDSOA") provided for the distribution of antidumping duties collected by the United States to "affected domestic producers" ("ADPs") of the dumped goods. See Pub.L. No. 106-387, §§ 1001-03, 114 Stat. 1549, 1549A-72 to -75 (codified at 19 U.S.C. §...

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