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SUMECHT NA, INC. v. U.S.

2019-1015.

923 F.3d 1340 (2019)

SUMECHT NA, INC., dba Sumec North America, Plaintiff-Appellant v. UNITED STATES, Solarworld Americas, Inc., Defendants-Appellees

United States Court of Appeals, Federal Circuit.

Decided: May 8, 2019.

Attorney(s) appearing for the Case

Mark B. Lehnardt , Baker & Hostetler LLP, Washington, DC, argued for plaintiff-appellant.

Justin Reinhart Miller , International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, New York, NY, argued for defendant-appellee United States. Also represented by Joseph H. Hunt , Reginald Thomas Blades, Jr. , Jeanne Davidson , Washington, DC; David W. Campbell , Office of Chief Counsel for Trade Enforcement and Compliance, United States Department of Commerce, Washington, DC.

Timothy C. Brightbill , Wiley Rein, LLP, Washington, DC, for defendant-appellee SolarWorld Americas, Inc. Also represented by Stephanie Manaker Bell , Tessa V. Capeloto , Laura El-Sabaawi , Cynthia Cristina Galvez , Usha Neelakantan , Adam Milan Teslik , Maureen E. Thorson .

Before Moore, Clevenger, and Wallach, Circuit Judges.

Appellant Sumecht NA, Inc., dba Sumec North America ("Sumec"), a U.S. importer, sued Appellee the United States ("Government") in the U.S. Court of International Trade ("CIT"), challenging the U.S. Department of Commerce's ("Commerce") liquidation1 instructions. Sumec filed a motion for a preliminary...

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