LIBERTY FROZEN FOODS PRIVATE, LTD. v. U.S.

Slip Op. 12-22. Consol. Court No. 10-00231.

819 F.Supp.2d 1346 (2012)

LIBERTY FROZEN FOODS PRIVATE, LIMITED, et al., Plaintiffs, v. UNITED STATES, Defendant, and Ad Hoc Shrimp Trade Action Committee, American Shrimp Processors Association, and Devi Sea Foods Limited, Defendant-Intervenors.

United States Court of International Trade.

February 21, 2012.


Attorney(s) appearing for the Case

Lizbeth R. Levinson and Ronald M. Wisla , Kutak Rock LLP of Washington DC, for the Plaintiffs Liberty Frozen Foods Private, Limited; Devi Marine Food Exports Private, Limited; Kader Exports Private, Limited; Kader Investment and Trading Company, Private, Limited; Liberty Oil Mills Limited; Premier Marine Products; and Universal Cold Storage Private, Limited.

Joshua E. Kurland , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for Defendant. With him on the briefs were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Patricia M. McCarthy , Assistant Director. Of counsel on the briefs was Scott D. McBride , Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, of Washington, DC.

Andrew W. Kentz , Jordan C. Kahn , Nathaniel J. Maandig Rickard , and Kevin M. O'Connor , Picard Kentz & Rowe LLP, of Washington, DC, for Defendant-Intervenor Ad Hoc Shrimp Trade Action Committee.

Terence P. Stewart , Geert M. De Prest and Elizabeth J. Drake , Stewart and Stewart, of Washington DC, and Edward T. Hayes , Leake & Andersson, LLP, of New Orleans, LA, for the Defendant-Intervenor American Shrimp Processors Association.

Ronald M. Wisla , Kutak Rock LLP, of Washington, DC, for the Defendant-Intervenor Devi Sea Foods Limited.


OPINION

POGUE, Chief Judge:

This case returns to court following remand by Liberty Frozen Foods Pvt., Ltd. v. United States, ___ CIT ___, 791 F.Supp.2d 1249 (2011) ("Liberty I"). In Liberty I, the Court reviewed the final results of the fourth administrative review of certain frozen warmwater shrimp from India,2 and ordered the Department of Commerce ("Commerce...

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