BARDEN CORP. v. U.S.

SLIP OP 16-12, Consol. Court No. 06-00435.

144 F.Supp.3d 1341 (2016)

The BARDEN CORPORATION, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

February 10, 2016.


Attorney(s) appearing for the Case

Max F. Schutzman , Andrew T. Schutz , and Kavita Mohan , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of New York, New York, for Plaintiff The Barden Corporation.

Martin M. Tomlinson , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for Defendant United States. With him on the brief were Stuart F. Delery , Assistant Attorney General, Jeanne E. Davidson , Director, and Frank E. White, Jr. , Assistant Director. Of counsel on the brief were Suzanna Hartzell-Baird and Jessica Miller , Office of the Assistant Chief Counsel, U.S. Customs and Border Protection, of Washington, DC.

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. With him on the brief were Dominic Bianchi , General Counsel, and Robin L. Turner , Acting Assistant General Counsel for Litigation.

Terence P. Stewart , Geert De Prest , and Patrick J. McDonough , Stewart and Stewart, of Washington, DC, for Defendant-Intervenors Timken U.S. Corporation and MPB Corporation.

Before: Timothy C. Stanceu, Chief Judge, Leo M. Gordon, Judge, Gregory W. Carman, Senior Judge.


OPINION

Plaintiff, The Barden Corporation ("Barden"), a domestic producer of antifriction bearings ("AFBs"), initiated these consolidated actions1 against the United States asserting constitutional challenges to the Continued Dumping and Subsidy Offset Act of 2000 ("CDSOA"), Pub.L. No. 106-387...

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