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BRIDGESTONE AMERICAS, INC. v. U.S.

Slip Op. 09-79. Court No. 08-00256.

636 F.Supp.2d 1347 (2009)

BRIDGESTONE AMERICAS, INC., Bridgestone Americas Tire Operations, LLC, and Titan Tire Corporation, Plaintiffs, v. UNITED STATES, Defendant, and Xuzhou Xugong Tyres Co., Ltd., Defendant-Intervenor.

United States Court of International Trade.

August 4, 2009.

Attorney(s) appearing for the Case

King & Spalding, LLP, Washington, DC (Joseph W. Dorn, Daniel L. Schneiderman, and J. Michael Taylor) for plaintiffs Bridgestone Americas, Inc. and Bridgestone Americas Tire Operations, LLC.

Stewart and Stewart (Wesley K. Caine) for plaintiff Titan Tire Corporation.

Tony West, Assistant Attorney General; Jeanne E. Davidson, Director, Franklin E. White, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (John J. Todor and Loren Misha Preheim); Irene H. Chen and David Richardson, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, of counsel, for the defendant.

White & Case, LLP, Washington, DC (Adams C. Lee and Frank H. Morgan) for the defendant-intervenor.

OPINION

RESTANI, Chief Judge.

This matter is before the court on the motions of plaintiffs Bridgestone Americas, Inc. and Bridgestone Americas Tire Operations, LLC (collectively, "Bridgestone") and Titan Tire Corporation ("Titan") for judgment on the agency record pursuant to USCIT Rule 56.2. Plaintiffs, domestic producers of certain off-the-road ("OTR") tires, contest the Department of Commerce's ("Commerce") exclusion of defendant-intervenor Xuzhou...

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