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NEW HAMPSHIRE BALL BEARING, INC. v. U.S.

Slip Op. 12-2. Court No. 08-00398.

815 F.Supp.2d 1301 (2012)

NEW HAMPSHIRE BALL BEARING, INC., Plaintiff, v. UNITED STATES, United States Customs and Border Protection, and United States International Trade Commission, Defendants, and The Timken Company and MPB Corporation, Defendant-Intervenors.

United States Court of International Trade.

January 3, 2012.

Attorney(s) appearing for the Case

Frank H. Morgan , White & Case, LLP, of Washington, DC, for Plaintiff.

David S. Silverbrand , and Courtney S. McNamara , Trial Attorneys, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for Defendant United States Customs and Border Protection. With them on the briefs were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, Franklin E. White, Jr. , Assistant Director.

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

Geert De Prest , Stewart and Stewart, of Washington, DC, for defendant-intervenors. With him on the briefs were Terrence P. Stewart , Amy S. Dwyer , and Patrick J. McDonough.

Before: GREGORY W. CARMAN, Judge, TIMOTHY C. STANCEU, Judge, LEO M. GORDON, Judge.

OPINION

CARMAN, Judge:

Plaintiff New Hampshire Ball Bearing, Inc. ("NHBB") challenges the constitutionality of the Continued Dumping and Subsidy Offset Act of 20001 ("CDSOA" or "Byrd Amendment") and the administration of the statute by Defendants. Plaintiff claims that it unlawfully was denied "affected domestic producer" ("ADP") status, which would have qualified it to receive distributions under the CDSOA. The case is...

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