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MTZ POLYFILMS, LTD. v. U.S.

Slip Op. 09-118. Court No. 08-00089.

659 F.Supp.2d 1303 (2009)

MTZ POLYFILMS, LTD., Plaintiff, v. UNITED STATES, Defendant, and Toray Plastics (America), Inc.,: Dupont Teijin Films USA, LP, SKC America, Inc., and Mitsubishi Polyester Film of America, LLC, Defendant-Intervenors.

United States Court of International Trade.

October 15, 2009.

Attorney(s) appearing for the Case

Riggle & Craven (David J. Craven) for Plaintiff MTZ Polyfilms, Ltd.

Tony West, Assistant Attorney General; Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (David D'Alessandris); and Carrie L. Owens, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, of Counsel, for Defendant United States.

Wilmer, Cutler, Pickering, Hale and Dorr, LLP, Washington, DC (John D. Greenwald, Ronald I. Meltzer, and Patrick McLain) for Defendant-Intervenors Dupont Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray Plastics (America), Inc.

EVAN J. WALLACH, Judge.

INTRODUCTION

I

This action arises out of the administrative review of a countervailing duty order conducted by the United States Department of Commerce ("Commerce"). Plaintiff MTZ Polyfilms, Ltd. ("MTZ") challenges Commerce's calculation of the benefits it receives under a number of programs administered by the Government of India. MTZ also challenges Commerce's decision to treat certain programs as countervailable subsidies...

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