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TAMPA BAY FISHERIES, INC. v. U.S.

Slip Op. 12-37. Court No. 08-00404.

825 F.Supp.2d 1331 (2012)

TAMPA BAY FISHERIES, INC. and Singleton Fisheries, Inc., Plaintiffs, v. UNITED STATES of America, United States Customs and Border Protection, David V. Aguilar, (Acting Commissioner, United States Customs and Border Protection), United States International Trade Commission, and Deanna Tanner Okun (Chairman, United States International Trade Commission), Defendants.

United States Court of International Trade.

March 20, 2012.

Attorney(s) appearing for the Case

John J. Kenkel , J. Kevin Horgan , deKieffer & Horgan of Washington, DC, for Plaintiffs Tampa Bay Fisheries, Inc. and Singleton Fisheries, Inc.

Jessica R. Toplin , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for Defendants United States and U.S. Customs and Border Protection. With her on the briefs were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, Franklin E. White, Jr. , Assistant Director, and Courtney S. McNamara and David S. Silverbrand , Trial Attorneys. Of Counsel on the briefs were Andrew G. Jones and Joseph Barbato , Office of Assistant Chief Counsel for U.S. Customs and Border Protection of Washington, DC.

James M. Lyons , General Counsel, Neal J. Reynolds , Assistant General Counsel for Litigation, and 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.

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

OPINION

GORDON, Judge:

This case arose from the actions of two agencies, the U.S. International Trade Commission (the "ITC" or the "Commission") and U.S. Customs and Border Protection ("Customs"), that denied Plaintiffs, Tampa Bay Fisheries, Inc. ("Tampa Bay") and Singleton Fisheries, Inc. ("Singleton"), certain monetary benefits under the Continued Dumping and Subsidy Offset Act of 2000 ("CDSOA" or "Byrd...

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