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OTR WHEEL ENGINEERING, INC. v. U.S.

Slip Op. 12-89. Court No. 11-00166.

853 F.Supp.2d 1281 (2012)

OTR WHEEL ENGINEERING, INC., Plaintiff, v. UNITED STATES, Defendant, Bridgestone Americas, Inc., and Bridgestone Americas Tire Operations, LLC, Intervenor Defendants.

United States Court of International Trade.

June 27, 2012.

Attorney(s) appearing for the Case

Arthur K. Purcell , Sandler, Travis & Rosenberg, PA, of New York, NY, argued, for plaintiff. With him on the brief were Donna L. Bade , Mark R. Ludwikowski , and Mark J. Segrist .

Alexander V. Sverdlov , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued, for defendant. With him on brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Franklin E. White, Jr. , Assistant Director. Of counsel on the brief was Matthew D. Walden , Attorney, Office of Chief Counsel for Import Administration, U.S. Department of Commerce, of Washington, DC.

Christopher T. Cloutier , Joseph W. Dorn , Prentiss Lee Smith , and J. Michael Taylor , King & Spalding, LLP, of Washington, DC, for intervenor defendants.

OPINION AND ORDER

RESTANI, Judge:

This matter is before the court on plaintiff OTR Wheel Engineering, Inc.'s ("OTR Wheel" or "Plaintiff") motion for judgment upon the agency record pursuant to USCIT Rule 56.2. Plaintiff, an importer of certain pneumatic off-the-road ("OTR") tires from the People's Republic of China ("PRC"), challenges the U.S. Department of Commerce's ("Commerce" or "Secretary") final scope ruling regarding an antidumping ("AD") duty...

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