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UNITED SYNTHETICS, INC. v. U.S.

Slip Op. 12-52. Court No. 08-00139.

844 F.Supp.2d 1310 (2012)

UNITED SYNTHETICS, INCORPORATED, Plaintiff, 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 T. Okun (Chairman, United States International Trade Commission), Defendants.

United States Court of International Trade.

April 20, 2012.

Attorney(s) appearing for the Case

Gregory S. Menegaz and J. Kevin Horgan , deKieffer & Horgan, of Washington, DC for Plaintiff United Synthetics, Incorporated.

Jessica R. Toplin , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for Defendants United States, U.S. Customs and Border Protection, and David V. Aguilar, Acting Commissioner of 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 David S. Silverbrand and Courtney S. McNamara , Trial Attorneys. Of counsel on the briefs were Andrew G. Jones and Joseph Barbato , Office of Assistant Chief Counsel, U.S. Customs and Border Protection, of Washington, DC.

Patrick V. Gallagher, Jr. , Attorney Advisor, Office of General Counsel, U.S. International Trade Commission, of Washington, DC for Defendants U.S. International Trade Commission and Deanna T. Okun, Chairman, U.S. International Trade Commission. With him on the briefs were James M. Lyons, General Counsel and Neal J. Reynolds, Assistant General Counsel.

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" or "CBP"), that denied Plaintiff United Synthetics, Incorporated ("USI") certain monetary benefits under the Continued Dumping and Subsidy Offset Act of 2000 ("CDSOA" or "Byrd Amendment"), 19 U.S.C. § 1675c (2000), repealed by Deficit Reduction Act of...

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