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CHINA MFRS. ALLIANCE, LLC v. UNITED STATES

2020-1159.

1 F.4th 1028 (2021)

CHINA MANUFACTURERS ALLIANCE, LLC, Double Coin Holdings Ltd., Plaintiffs-Appellees, Guizhou Tyre Co., Ltd., Guizhou Tyre Import and Export Co., Ltd., Plaintiffs, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: June 10, 2021.

Attorney(s) appearing for the Case

James P. Durling , Curtis, Mallet-Prevost, Colt & Mosle LLP, Washington, DC, argued for plaintiffs-appellees. Also represented by Christopher A. Dunn , Daniel L. Porter ; Gene C. Schaerr , Schaerr Jaffe LLP, Washington, DC.

John Jacob Todor , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellant. Also represented by Brian M. Boynton , Jeanne Davidson , Franklin E. White, Jr. ; Paul Keith , Office of the Chief Counsel for Trade Enforcement and Compliance, United States Department of Commerce, Washington, DC.

Before Lourie, Clevenger, and Hughes, Circuit Judges.

The United States appeals from the final judgment of the United States Court of International Trade ("Trade Court"), which held that the Department of Commerce ("Commerce") could not apply an existing China-wide antidumping duty rate, applicable to all Chinese exporters that had not demonstrated independence from the Chinese...

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