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BARDEN CORP. v. U.S.

Slip Op. 12-85. Court No. 06-00435.

864 F.Supp.2d 1370 (2012)

The BARDEN CORPORATION, Plaintiff, v. UNITED STATES of America, United States Customs and Border Protection, W. Ralph Basham (Commissioner, United States Customs and Border Protection), United States International Trade Commission and Daniel R. Pearson (Chairman, United States International Trade Commission), Defendants, and The Timken Company and MPB Corp., Defendant-Intervenors.

United States Court of International Trade.

June 15, 2012.

Attorney(s) appearing for the Case

Max F. Schutzman and Andrew T. Schutz , Grunfeld Desiderio Lebowitz Silverman & Klestadt, LLP, of New York, NY, for plaintiff.

David S. Silverbrand and Courtney S. McNamara , Trial Attorneys, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for defendant United States. With them on the briefs were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Franklin E. White, Jr. , Assistant Director.

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

Geert M. De Prest , Terence P. Stewart , Amy S. Dwyer , and Patrick J. McDonough , Stewart and Stewart, of Washington, DC, for defendant-intervenors.

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

OPINION AND ORDER

STANCEU, Judge:

Plaintiff, The Barden Corporation ("Barden"), a domestic producer of antifriction bearings ("AFBs"), initiated five actions (now consolidated) against the United States asserting constitutional challenges to the Continued Dumping and Subsidy Offset Act of 2000 ("CDSOA" or "Byrd Amendment"), Pub.L. No. 106-387, §§ 1001-03, 114 Stat. 1549, 1549A-72-75, 19 U.S.C. § 1675c (2000),1

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