FURNITURE BRANDS INTERN., INC. v. U.S.

Slip Op. 11-132. Court No. 07-00026.

807 F.Supp.2d 1301 (2011)

FURNITURE BRANDS INTERNATIONAL, INC., Plaintiff, v. UNITED STATES and United States International Trade Commission, Defendants, and American Furniture Manufacturers Committee for Legal Trade and Vaughan-Bassett Furniture Company, Inc., Defendant-Intervenors.

United States Court of International Trade.

October 20, 2011.


Attorney(s) appearing for the Case

David W. DeBruin and Matthew E. Price , Jenner & Block LLP, of Washington, DC, for plaintiff.

Jessica R. Toplin , David S. Silverbrand , and Courtney S. McNamara , Trial Attorneys, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for defendant United States. With them on the briefs were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, Franklin E. White, Jr., Assistant Director. Of counsel on the briefs was Andrew G. Jones, Office of Assistant Chief Counsel, U.S. Customs and Border Protection, of New York, NY.

Patrick V. Gallagher, Jr. , Attorney Advisor, Office of the General Counsel, U.S. International Trade Commission, of Washington, DC, for defendant United States International Trade Commission. With him on the briefs were James M. Lyons, General Counsel, and Neal J. Reynolds, Assistant General Counsel.

Joseph W. Dorn and Jeffrey M. Telep , King & Spalding LLP, of Washington, DC, for defendant-intervenors. With them on the briefs were Steven R. Keener and Taryn K. Williams. Of counsel on the briefs was Richard H. Fallon, of Cambridge, MA.

Before: Gregory W. Carman, Judge, Timothy C. Stanceu, Judge, Leo M. Gordon, Judge.


OPINION

STANCEU, Judge.

This case arises from decisions of the U.S. International Trade Commission ("ITC" or the "Commission") to deny plaintiff Furniture Brands International, Inc. ("Furniture Brands") status as an "affected domestic producer" ("ADP") under the Continued Dumping and Subsidy Offset Act of 2000 ("CDSOA" or "Byrd Amendment"), Pub.L. No. 106-387, §§ 1001-03, 114 Stat. 1549, 1549A-72-75 (codified at 19 U.S.C. § 1675c (2000...

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