PAT HUVAL RESTAURANT v. U.S. INTERN. TRADE

Slip Op. 12-27. Court No. 06-00290.

823 F.Supp.2d 1365 (2012)

PAT HUVAL RESTAURANT & OYSTER BAR, INC., et al., Plaintiffs, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, et al., Defendants, and The Timken Company and MPB Corporation, Defendant Intervenors.

United States Court of International Trade.

March 1, 2012.


Attorney(s) appearing for the Case

Jacques Pierre Soileau , Soileau & Soileau of Breaux Bridge, LA, for Plaintiffs Pat Huval Restaurant & Oyster Bar, Inc., Aqua Farms Crawfish, Inc., Catfish Wholesale, Inc., Charles Bernard (d/b/a/ Charles' Crawfish Pad), Andre Leger (d/b/a/ Chez Francois), Jim Fruge (d/b/a/ Acadiana Fisherman's Co-Op), J. Bernard Seafood Processing, Inc., and Frank Melancon (d/b/a French's Enterprises Seafood Peeling Plant).

Herbert Carl Shelley , Alice Alexandra Kipel , Laura Rose Ardito , and Michael Thomas Gershberg , Steptoe & Johnson, LLP of Washington, DC, for Plaintiff SKF USA, Inc.

John Marshall Gurley , and Nancy Aileen Noonan , Arent Fox, LLP, of Washington, DC, for Plaintiff Koyo Corporation of U.S.A.

David S. Silverbrand , Courtney S. McNamara , Michael J. Dierberg , and Todd M. Hughes , 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, and Andrew G. Jones , Office of Assistant Chief Counsel, United States Customs and Border Protection, of counsel.

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 for Litigation.

Geert De Prest , Terence P. Stewart , Amy S. Dwyer , and Patrick J. McDonough , Stewart and Stewart, of Washington, DC, for Defendant Intervenors.

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


OPINION

CARMAN, Judge:

This action has been consolidated from six cases brought by a group of eight domestic producers of processed crawfish tail meat (collectively, the "Pat Huval Plaintiffs"),1 Koyo Corporation of U.S.A. ("Koyo"),2 and SKF USA, Inc. ("SKF"),3 challenging the constitutionality of the Continued Dumping and Subsidy Offset Act of 2000 ("CDSOA" or...

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