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M S INTERNATIONAL, INC. v. UNITED STATES

2021-1679 2021-1680.

32 F.4th 1145 (2022)

M S INTERNATIONAL, INC., Foshan Yixin Stone Company, Ltd., Arizona Tile LLC, Plaintiffs Bruskin International, LLC, Plaintiff-Appellant v. UNITED STATES, Cambria Company LLC, Defendants-Appellees. M S International, Inc., Arizona Tile LLC, Plaintiffs Bruskin International, LLC, Plaintiff-Appellant v. United States, Cambria Company LLC, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: April 25, 2022.

Attorney(s) appearing for the Case

David J. Craven , Craven Trade Law LLC, Chicago, IL, argued for plaintiff-appellant.

Joshua E. Kurland , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee United States. Also represented by Brian M. Boynton , Tara K. Hogan , Patricia M. McCarthy ; Vania Wang , Office of the Chief Counsel for Trade Enforcement & Compliance, United States Department of Commerce, Washington, DC.

Luke A. Meisner , Schagrin Associates, Washington, DC, argued for defendant-appellee Cambria Company LLC. Also represented by Benjamin Jacob Bay , Nicholas J. Birch , Christopher Cloutier , Elizabeth Drake , William Alfred Fennell , Kelsey Rule , Roger Brian Schagrin .

Before Hughes, Mayer, and Stoll, Circuit Judges.

In parallel antidumping and countervailing duty investigations of quartz surface products from China, the Department of Commerce amended the scope of its investigations to prevent producers and exporters in China from evading its orders by using glass in place of quartz. Bruskin International LLC challenges Commerce's authority...

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