ASHLEY FURNITURE INDUSTRIES, INC. v. U.S.

Slip Op. 12-14. Court No. 07-00323.

818 F.Supp.2d 1355 (2012)

ASHLEY FURNITURE INDUSTRIES, INC., Plaintiffs, v. UNITED STATES, Defendants, and American Furniture Manufacturers Committee for Legal Trade, Kincaid Furniture Co., Inc., L. & J.G. Stickley, Inc., Sandberg Furniture Manufacturing Company, Inc., Stanley Furniture Company, Inc., T. Copeland and Sons, Inc., and Vaughan-Bassett Furniture Company, Inc., Defendant-Intervenors.

United States Court of International Trade.

January 31, 2012.


Attorney(s) appearing for the Case

Kristen H. Mowry , Jeffrey S. Grimson , Jill A. Cramer , Susan E. Lehman , and Sarah Wyss , Mowry & Grimson, PLLC, of Washington, DC and Kevin Russell , Goldstein, Howe & Russell, P.C., of Bethesda, MD, 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, 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.

Jeffrey M. Telep , Joseph W. Dorn , Taryn Koball Williams , and Steven R. Keener , King & Spalding LLP, of Washington, DC, for defendant-intervenors the American Furniture Manufacturers Committee for Legal Trade, 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.

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


OPINION

STANCEU, Judge:

Plaintiff Ashley Furniture Industries, Inc. ("Ashley"), a domestic furniture manufacturer, brought three similar actions (now consolidated)1 during the period of September 4, 2007 through March 4, 2010, all stemming from certain administrative determinations of the U.S. International Trade Commission ("ITC" or the "Commission") and U.S. Customs and Border Protection ("Customs" or "CBP"). The ITC...

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