THAI PLASTIC BAGS INDUSTRIES CO., LTD. v. U.S.

Slip Op. 13-21. Court No. 11-00086.

895 F.Supp.2d 1337 (2013)

THAI PLASTIC BAGS INDUSTRIES CO., LTD., Plaintiff, v. UNITED STATES, Defendant, and Polyethylene Retail Carrier Bag Committee, Hilex Poly Co., LLC, and Superbag Corporation, Defendant-Intervenors.

United States Court of International Trade.

February 11, 2013.


Attorney(s) appearing for the Case

Irene H. Chen , Chen Law Group LLC, of Rockville, MD, and Mark B. Lehnardt , Lehnardt & Lehnardt, LLC, of Liberty, MO, for Thai Plastic Bags Industries, Co., Ltd.

Joseph W. Dorn , Stephen A. Jones , and Daniel L. Schneiderman , King & Spalding LLP, of Washington, DC, for Polyethylene Retail Carrier Bag Committee, Hilex Poly Co., LLC, and Superbag Corporation.

Vincent D. Phillips and Ryan M. Majerus , Trial Attorneys, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for Defendant. Also on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Patricia M. McCarthy , Assistant Director. Of counsel on the brief was Scott D. McBride , Senior Attorney, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, of Washington, DC.


OPINION

POGUE, Chief Judge:

Before the court is a determination by the United States Department of Commerce ("Commerce") in response to a previously ordered remand.1 In prior proceedings, the court granted Commerce's request for a voluntary remand on two grounds: 1) to allow Commerce to provide additional explanation for its decision to assign a dumping margin of zero to all U.S. sales where export price was greater than...

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