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GIORGIO FOODS, INC. v. U.S.

Slip Op. 13-29. Court No. 03-00286.

898 F.Supp.2d 1370 (2013)

GIORGIO FOODS, INC., Plaintiff, v. UNITED STATES and United States International Trade Commission, Defendants, and L.K. Bowman Company, Monterey Mushrooms, Inc., and The Mushroom Company, Defendant-intervenors.

United States Court of International Trade.

March 6, 2013.

Attorney(s) appearing for the Case

Michael T. Shor and Sarah Brackney Arni , Arnold & Porter LLP, of Washington, DC, for plaintiff.

Courtney S. McNamara , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington DC, for defendant United States. With her on the brief were Stuart F. Delery , Principal Deputy Assistant Attorney General, Jeanne E. Davidson , Director, and Franklin E. White, Jr. , Assistant Director.

Neal J. Reynolds , Assistant General Counsel for Litigation, and 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.

Valerie A. Slater , Akin, Gump, Strauss, Hauer & Feld, LLP, of Washington, DC, for defendant-intervenors L.K. Bowman Company and The Mushroom Company. With her on the brief were W. Randolph Teslik and Troy D. Cahill .

Michael J. Coursey and R. Alan Luberda , Kelley Drye & Warren, LLP, of Washington, DC, for defendant-intervenor Monterey Mushrooms, Inc.

OPINION

STANCEU, Judge:

This case arose from decisions of two agencies, the U.S. International Trade Commission (the "ITC" or the "Commission") and U.S. Customs and Border Protection ("Customs"), denying plaintiff monetary benefits under the now-repealed Continued Dumping and Subsidy Offset Act of 2000 ("CDSOA" or "Byrd Amendment"), 19 U.S.C. § 1675c (2000).1 The ITC determined that Giorgio Foods, Inc. ("Giorgio"...

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