AMANDA FOODS (VIETNAM) LTD. v. U.S.

Slip Op. 12-68. Court No. 09-00431.

837 F.Supp.2d 1338 (2012)

AMANDA FOODS (VIETNAM) LIMITED, et al., Plaintiffs, v. UNITED STATES, Defendant, and Ad Hoc Shrimp Trade Action Committee and The Domestic Processors, Defendant-Intervenors.

United States Court of International Trade.

May 30, 2012.


Attorney(s) appearing for the Case

Matthew J. McConkey and Jeffery C. Lowe , Mayer Brown LLP, of Washington, DC, for Plaintiff Amanda Foods (Vietnam) Ltd.

John J. Kenkel and J. Kevin Horgan , DeKieffer & Horgan, of Washington, DC, for Consolidated Plaintiff Viet Hai Seafood Co., Ltd.

Matthew R. Nicely and David S. Christy, Jr. , Thompson Hine LLP, of Washington, DC, for Consolidated Plaintiffs Bac Lieu Fisheries Joint Stock Co.; Ca Mau Seafood Joint Stock Co.; Cadovimex Seafood Import-Export and Processing Joint-Stock Co.; Cafatex Fishery Joint Stock Corp.; Cuulong Seaproducts Co.; Danang Seaproducts Import Export Corp.; Minh Hai Export Frozen Seafood Processing Joint-Stock Co.; Minh Hai Joint-Stock Seafoods Processing Co.; Ngoc Sinh Private Enter.; Nha Trang Seaproduct Co.; Phu Cuong Seafood Processing and Import-Export Co., Ltd.; Sao Ta Foods Joint Stock Co.; Soc Trang Seafood Joint Stock Co.; UTXI Aquatic Products Processing Corp.

Robert G. Gosselink and Jonathan M. Freed , Trade Pacific PLLC, of Washington, DC, for Consolidated Plaintiff Cam Ranh Seafoods Processing Enter. Co.

Joshua E. Kurland , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for Defendant. With him on the briefs were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Patricia M. McCarthy , Assistant Director. Of counsel on the briefs was Jonathan M. Zielinski , Senior Attorney, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, of Washington, DC.

Andrew W. Kentz , Jordan C. Kahn , and Nathaniel M. Rickard , Picard Kentz & Rowe LLP, of Washington, DC, for Defendant-Intervenor Ad Hoc Shrimp Trade Action Committee.

Elizabeth J. Drake , Geert M. De Prest , and Wesley K. Caine , Stewart and Stewart, of Washington, DC, and Edward T. Hayes , Leake & Andersson, LLP, of New Orleans, LA, for Defendant-Intervenor the Domestic Processors.


OPINION

POGUE, Chief Judge:

This case2 is again before the court following a voluntary remand ordered by Amanda Foods (Vietnam) Ltd. v. United States, 35 CIT ___, 807 F.Supp.2d 1332, 1350 (2011) ("Amanda Foods IV"). Amanda Foods IV directed the Department of Commerce ("Commerce" or "the Department") to...

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