GPX INTERN. TIRE CORP. v. U.S.

Slip Op. 13-2. Court No. 08-00285.

893 F.Supp.2d 1296 (2013)

GPX INTERNATIONAL TIRE CORPORATION and Hebei Starbright Tire Co., Ltd., Plaintiffs, Tianjin United Tire & Rubber International Co., Ltd., Consolidated Plaintiff, v. UNITED STATES, Defendant, and Bridgestone Americas, Inc., Bridgestone Americas Tire Operations, LLC, Titan Tire Corporation, and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC, Intervenor Defendants.

United States Court of International Trade.

January 7, 2013.


Attorney(s) appearing for the Case

On Constitutional Issues:

James P. Durling and Matthew P. McCullough , Curtis Mallet-Prevost , Colt & Mosle LLP, of Washington, DC, argued for the Plaintiffs GPX International Tire Corporation and Hebei Starbright Tire Co., Ltd. With them on the brief were William H. Barringer , Daniel L. Porter , and Ross E. Bidlingmaier .

Mark B. Lehnardt , Lehnardt & Lehnardt, LLC, of Liberty, MO, argued for Consolidated Plaintiff Tianjin United Tire & Rubber International Co., Ltd.

Alexander V. Sverdlov , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for the Defendant. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, Franklin E. White, Jr. , Assistant Director, and L. Misha Preheim , Trial Attorney. Of counsel on the brief were John D. McInerney , Chief Counsel for Import Administration, Daniel J. Calhoun , Attorney, and Devin S. Sikes , Attorney, U.S. Department of Commerce, of Washington, DC.

Wesley K. Caine , Stewart and Stewart, of Washington, DC, argued for the Intervenor Defendants Titan Tire Corporation and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC. With him on the brief were Terence P. Stewart and Elizabeth J. Drake .

Joseph W. Dorn and J. Michael Taylor , King & Spalding, LLP, of Washington, DC, for Intervenor Defendants Bridgestone Americas Tire Operations, LLC and Bridgestone Americas, Inc.

On CVD Issues:

William H. Barringer , Daniel L. Porter , James P. Durling , Matthew P. McCullough , and Ross Bidlingmaier , Winston & Strawn LLP, of Washington, DC, for the Plaintiffs GPX International Tire Corporation and Hebei Starbright Tire Co., Ltd.

Philippe M. Bruno and Rosa S. Jeong , Greenberg Traurig, LLP, of Washington, DC, for Consolidated Plaintiff Tianjin United Tire & Rubber International Co., Ltd. on the motion for judgment on the agency record. Francis J. Sailer and Andrew T. Schutz , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of Washington, DC, for Consolidated Plaintiff Tianjin United Tire & Rubber International Co., Ltd. on the remand comments.

John J. Todor , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for the Defendant. With him on the brief were Tony West , Assistant Attorney General Jeanne E. Davidson , Director, Franklin E. White, Jr. , Assistant Director. Of counsel on the brief were Ahran K. McCloskey and Matthew D. Walden Attorneys, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, of Washington, DC.

Terence P. Stewart , Wesley K. Caine , Geert M. De Prest , and Elizabeth J. Drake , Stewart and Stewart, of Washington, DC, for the Intervenor Defendants Titan Tire Corporation and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC.

Joseph W. Dorn , J. Michael Taylor , and Christopher T. Cloutier , King & Spalding, LLP, of Washington, DC, for Intervenor Defendants Bridgestone Americas Tire Operations, LLC and Bridgestone Americas, Inc.


OPINION AND ORDER

RESTANI, Judge:

This action challenges the Department of Commerce's ("Commerce") final determination in a countervailing duty ("CVD") investigation of certain pneumatic off-the-road ("OTR") tires from the People's Republic of China ("PRC"). See Certain Pneumatic Off-the-Road Tires from the People's Republic of China, 72 Fed. Reg. 44,122 (Dep't Commerce Aug. 7, 2007) (initiation of CVD investigation); Certain New Pneumatic...

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