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ZIRCON CORP. v. INTERNATIONAL TRADE COMMISSION

No. 2022-1649.

ZIRCON CORP., Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee. STANLEY BLACK & DECKER, INC., BLACK & DECKER (U.S.), INC., Intervenors.

United States Court of Appeals, Federal Circuit.

Decided: May 8, 2024.

Attorney(s) appearing for the Case

JOHN R. HUTCHINS , Banner & Witcoff, Ltd., Washington, DC, argued for appellant. Also represented by PAUL T. QUALEY , BRADLEY CHARLES WRIGHT ; OMAIR MAQSOOD FAROOQUI , Palo Alto Legal Group, PC, Palo Alto, CA.

BENJAMIN S. RICHARDS , Office of the General Counsel, United States International Trade Commission, Washington, DC, argued for appellee. Also represented by WAYNE W. HERRINGTON , SIDNEY A. ROSENZWEIG .

BRYAN PATRICK COLLINS , Pillsbury Winthrop Shaw Pittman LLP, McLean, VA, argued for intervenors. Also represented by JACK S. BARUFKA , ROBERT M. FUHRER ; THERESA ANN ROOZEN , Washington, DC; KECIA JANNELL REYNOLDS , Paul Hastings LLP, Washington, DC.

Before LOURIE, BRYSON, and STARK,

In 2020 appellant Zircon Corp. filed a complaint in the United States International Trade Commission ("the Commission") alleging a violation of section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337. Section 337 prohibits "[t]he importation into the United States, the sale for importation, or the sale within the United...

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