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SUNTEC INDUSTRIES CO., LTD. v. U.S.

Slip Op. 13-147. Court No. 13-00157.

951 F.Supp.2d 1341 (2013)

SUNTEC INDUSTRIES CO., LTD., Plaintiff, v. UNITED STATES, Defendant, and Mid Continent Nail Corp., Defendant-Intervenor.

United States Court of International Trade.

December 6, 2013.

Attorney(s) appearing for the Case

Mark B. Lehnardt , Attorney, Lehnardt & Lehnardt LLC, of Liberty, MO, and Brian R. Soiset , Attorney, of Shanghai, PRC, for the plaintiff.

Stephen C. Tosini , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for the defendant. On the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, Patricia M. McCarthy , Assistant Director, and Tara K. Hogan , Senior Trial Counsel. Of counsel on the brief was Nathaniel J. Halvorson , Attorney, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, of Washington, DC.

Adam H. Gordon , Jordan C. Kahn , and Nathan W. Cunningham , Attorneys, Picard, Kentz & Rowe, LLP, of Washington DC, for the defendant-intervenor.

OPINION AND ORDER

MUSGRAVE, Senior Judge:

The complaint claims jurisdiction under 28 U.S.C. § 1581(i) challenging the initiation of Certain Steel Nails from the People's Republic of China; Final Results of Third Antidumping Administrative Review; 2010-2011, 78 Fed.Reg. 16651 (Mar. 18, 2013) ("AR3 Final"), on the ground of improper notice to the plaintiff. The defendant moves to dismiss for lack of subject-matter jurisdiction under USCIT...

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