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MACLEAN-FOGG CO. v. U.S.

Slip Op. 12-81. Court No. 11-00209.

853 F.Supp.2d 1253 (2012)

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

United States Court of International Trade.

June 13, 2012.

Attorney(s) appearing for the Case

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

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.

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 Stuart F. Delery , 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.

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.

MEMORANDUM AND ORDER

POGUE, Chief Judge:

In prior proceedings in this matter, joint Plaintiffs, four domestic importers and one exporter of extruded aluminum, challenged the 374.15% 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. The court held that the Department's applicable regulation was permitted by...

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