ETHAN ALLEN GLOBAL, INC. v. U.S.

Slip Op. 12-11. Court No. 08-00302.

816 F.Supp.2d 1330 (2012)

ETHAN ALLEN GLOBAL, INC. and Ethan Allen Operations, Inc., Plaintiffs, v. UNITED STATES, Defendants, and Kincaid Furniture Co., Inc., L & J.G. Stickley, Inc., Sandberg Furniture Manufacturing Company, Inc., Stanley Furniture Co., Inc., T. Copeland and Sons, Inc., and Vaughan-Bassett Furniture Company, Inc., Defendant-Intervenors.

United States Court of International Trade.

January 20, 2012.


Attorney(s) appearing for the Case

Craig A. Lewis and Jonathan T. Stoel , Hogan Lovells U.S. LLP, of Washington, DC, for plaintiffs.

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, and Franklin E. White, Jr. , Assistant Director. Of counsel on the briefs were Andrew G. Jones and Joseph Barbato , 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 U.S. International Trade Commission. With him on the briefs were James M. Lyons , General Counsel, and Neal J. Reynolds , Assistant General Counsel.

Joseph W. Dorn , Jeffrey M. Telep , and Steven R. Keener , King & Spalding LLP, of Washington, DC, for defendant-intervenors. With them on the briefs was 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 arose from the actions of two agencies, the U.S. International Trade Commission (the "ITC" or the "Commission") and U.S. Customs and Border Protection ("Customs"), that denied plaintiffs Ethan Allen Global, Inc. and Ethan Allen Operations, Inc. (collectively, "Ethan Allen") certain monetary benefits under the Continued Dumping and Subsidy Offset Act of 2000 ("CDSOA" or "Byrd Amendment"), Pub.L. No. 106-387, §...

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