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CLEARON CORP. v. U.S.

Slip Op. 10-86. Court No. 08-00364.

717 F.Supp.2d 1366 (2010)

CLEARON CORPORATION and Occidental Chemical Corporation, Plaintiffs, v. UNITED STATES, Defendant, and Arch Chemicals, Inc. and Hebei Jiheng Chemical Co., Ltd., Defendant-Intervenors.

United States Court of International Trade.

August 9, 2010.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher LLP, Washington, DC ( Daniel J. Plaine , J. Christopher Wood , and Andrea F. Farr ) for plaintiffs.

Tony West , Assistant Attorney General; Jeanne E. Davidson , Director, Franklin E. White, Jr. , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (David D'Alessandris); Office of the Chief Counsel for Import Administration, United States Department of Commerce (Brian Soiset), for defendant.

Before: Richard K. Eaton, Judge.

OPINION AND ORDER

EATON, Judge.

This case is before the court on a motion to dismiss, pursuant to USCIT Rule 12(b)(1), of defendant the United States, acting on behalf of the United States Department of Commerce ("Commerce"). Defendant's motion seeks the dismissal of Count 3 of plaintiffs' complaint in its entirety, and the dismissal of Counts 1 and 2 as they pertain to Hebei Jiheng Chemical Corporation ("Jiheng"). Def.'s Mot. to Dismiss in Part as...

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