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NSK CORP. v. U.S.

Slip Op. 12-28. Court No. 07-00223.

821 F.Supp.2d 1349 (2012)

NSK CORPORATION, Plaintiff, v. UNITED STATES and United States International Trade Commission, Defendants, and Timken US Corporation and MPB Corporation, Defendant-Intervenors.

United States Court of International Trade.

March 6, 2012.

Attorney(s) appearing for the Case

Robert A. Lipstein and Alexander H. Schaefer , Crowell & Moring, LLP, of Washington, DC, for Plaintiff.

David S. Silverbrand and Courtney S. McNamara , Trial Attorneys, Commercial Litigation Branch, Civil Division, United States 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, 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 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 , Stewart and Stewart, of Washington, DC, for Defendant-Intervenors. With him on the briefs were Terence P. Stewart , Amy S. Dwyer , and Patrick J. McDonough.

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

OPINION

CARMAN, Judge:

Plaintiff brought two cases1 challenging the constitutionality of the Continued Dumping and Subsidy Offset Act of 2000 ("CDSOA" or "Byrd Amendment").2 These cases were consolidated by order of the court under Consol. Ct. No. 07-00223. (Order, Consol. Ct. No. 07-00223, Jan. 25, 2012, ECF No. 83.) Plaintiff claims that...

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