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

Slip Op. 13-39. Court No. 11-00166.

901 F.Supp.2d 1375 (2013)

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.

March 22, 2013.

Attorney(s) appearing for the Case

Arthur K. Purcell , Donna L. Bade , Mark R. Ludwikowski , and Mark J. Segrist , Sandler, Travis & Rosenberg, PA, of New York, NY, for Plaintiff.

Alexander V. Sverdlov , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for Defendant. With him on the 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 were Daniel J. Calhoun and Matthew D. Walden , Attorneys, Office of Chief Counsel for Import Administration, U.S. Department of Commerce, of Washington, DC.

Christopher T. Cloutier , Joseph W. Dorn , Prentiss L. Smith , and J. Michael Taylor , King & Spalding, LLP, Washington, DC, for Intervenor Defendants.

OPINION

RESTANI, Judge:

Previously, this matter was before the court on Plaintiff OTR Wheel Engineering, Inc.'s ("Plaintiff") motion for judgment on the agency record pursuant to USCIT Rule 56.2. See OTR Wheel Eng'g, Inc. v. United States, 853 F.Supp.2d 1281, 1283 (CIT 2012). Plaintiff, an importer of pneumatic off-the-road ("OTR") tires from the People's Republic of China ("PRC"), challenged the U...

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