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POLITES v. U.S.

Slip Op. 11-91. Court No. 09-00387.

780 F.Supp.2d 1351 (2011)

Constantine N. POLITES, Plaintiff, v. UNITED STATES, Defendant, and The Ad Hoc Coalition for Fair Pipe Imports from China, & The United Steelworkers, Defendant-Intervenors.

United States Court of International Trade.

July 28, 2011.

Attorney(s) appearing for the Case

Peter S. Herrick, PA ( Peter S. Herrick ), Miami, FL, for Plaintiff Constantine N. Polites.

Tony West , Assistant Attorney General; Jeanne E. Davidson , Director; Patricia M. McCarthy , Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, ( Michael D. Panzera and John J. Todor ); Reid P. Swayze , of Counsel, Office of Chief Counsel for Import Administration, U.S. Department of Commerce, for the United States Department of Commerce.

King & Spalding LLP ( Gilbert B. Kaplan , Brian E. McGill , & Daniel L. Schneiderman ), Washington, DC, for Defendant-Intervenors Ad Hoc Coalition for Fair Pipe Imports from China; and

Schagrin Associates ( Roger B. Schagrin ), Washington, DC, for Defendant-Intervenors United Steelworkers.

OPINION

POGUE, Chief Judge:

This matter returns to court following remand in Constantine N. Polites v. United States, ___ CIT ___, 755 F.Supp.2d 1352 (2011) ("Polites I"). At issue is whether Plaintiff Polites's imports of steel tubes, intended for use as scaffolding, are exempt from countervailing and antidumping duties, under an exclusion for "finished scaffolding."1

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