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MACLEAN-FOGG CO. v. U.S.

Slip Op. 12-47. Court No. 11-00209.

836 F.Supp.2d 1367 (2012)

MACLEAN-FOGG COMPANY, et al., Plaintiffs, v. UNITED STATES, Defendant.

United States Court of International Trade.

April 4, 2012.

Attorney(s) appearing for the Case

Mark B. Lehnardt , Lehnardt & Lehnardt LLC, of Liberty, MO, for the Plaintiff-Intervenors Eagle Metal Distributors, Inc. and Ningbo Yili Import and Export Co., Ltd.

Craig A. Lewis , Theodore C. Weymouth , and Brian S. Janovitz , Hogan Lovells U.S. LLP, of Washington, DC, for the Plaintiff-Intervenor Evergreen Solar, Inc.

Thomas M. Keating , and Lisa M. Hammond , Hodes, Keating and Pilon, of Chicago, IL, for Plaintiffs Maclean-Fogg Co. and Fiskars Brands, Inc.

Tara K. Hogan , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for the Defendant. With her on the briefs were Tony West , Assistant Attorney General; Jeanne E. Davidson , Director; and Reginald T. Blades Jr. , Assistant Director. Of counsel on the briefs were, Joanna Theiss , Office of the Chief Counsel for Import Administration, United States Department of Commerce, and

Stephen A. Jones , Christopher T. Cloutier , Daniel L. Schneiderman , Gilbert B. Kaplan , Joshua M. Snead , and Patrick J. Togni , King and Spalding LLP, of Washington, DC, for the Defendant-Intervenor Aluminum Extrusions Fair Trade Committee.

OPINION

POGUE, Chief Judge:

In this action, Plaintiffs, four domestic importers and one exporter of extruded aluminum, challenge the all-others countervailing duty ("CVD") rate set by the Department of Commerce ("the Department" or "Commerce") in its investigation of their goods imported from the People's Republic of China. We have jurisdiction under Section 516A(a)(2)(B)(i) of the Tariff Act of 1930, as amended, 19 U.S.C.

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