STANDARD FURNITURE MFG. CO., INC. v. U.S.

Slip Op. 12-21. Court No. 07-00028.

823 F.Supp.2d 1327 (2012)

STANDARD FURNITURE MANUFACTURING CO., INC., Plaintiff, v. UNITED STATES and United States International Trade Commission, 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.

February 17, 2012.


Attorney(s) appearing for the Case

Kristin H. Mowry , Jeffrey S. Grimson , Jill A. Cramer , Sarah M. Wyss , and Susan L. Brooks , Mowry & Grimson, PLLC, of Washington, DC and Kevin K. Russell , Goldstein, Howe & Russell, P.C., of Bethesda, MD, for plaintiff.

Jessica R. Toplin , David S. Silverbrand , Courtney S. McNamara , and Michael J. Dierberg , 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 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. 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 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. 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:

Plaintiff Standard Furniture Manufacturing Co., Inc. ("Standard"), a domestic furniture manufacturer, brought four separate actions, now consolidated,1 during the period of January 31, 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....

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