PAT HUVAL RESTAURANT v. INTERNATIONAL TRADE COM'N

Nos. 2012-1250, 2012-1347.

785 F.3d 638 (2015)

PAT HUVAL RESTAURANT & OYSTER BAR, INC., Aqua Farms Crawfish, Inc., Catfish Wholesale, Inc., Charles Bernard, dba Charles' Crawfish Pad, Andre Leger, dba Chez Francois, Jim Fruge, dba Fisherman's Cove, J. Bernard Seafood Processing, Inc., French's Enterprises Seafood Peeling Plant, Plaintiffs SKF USA Inc., JTEKT North America Corporation (Formerly Known as Koyo Corporation of U.S.A.), Plaintiffs-Appellants v. INTERNATIONAL TRADE COMMISSION, United States Customs and Border Protection, The Timken Company, MPB Corporation, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

May 7, 2015.


Attorney(s) appearing for the Case

Herbert C. Shelley , Steptoe & Johnson, LLP, Washington, DC, argued for plaintiff-appellant SKF USA Inc. Also represented by Christopher Gentile Falcone.

John M. Gurley , Arent Fox, LLP, Washington, DC, for plaintiff-appellant JTEKT North America Corporation. Also represented by Diana Dimitriuc-Quaia, Nancy Noonan.

Patrick Vincent Gallagher, Jr. , Office of the General Counsel, United States International Trade Commission, Washington, DC, argued for defendant-appellee International Trade Commission. Also represented by Neal J. Reynolds, James M. Lyons, Robin Lynn Turner, Dominic L. Bianchi.

Martin M. Tomlinson , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee United States Customs and Border Protection. Also represented by Alexander V. Sverdlov, Joyce R. Branda, Jeanne E. Davidson, Franklin E. White, Jr.; Jessica Miller, Suzanna Hartzell-Ballard, Office of Assistant Chief Counsel, United States Customs and Border Protection, Indianapolis, IN.

Terence Patrick Stewart , Stewart & Stewart, Washington, DC, argued for defendants-appellees The Timken Company, MPB Corporation. Also represented by Patrick John McDonough, Geert M. De Prest.

Before LOURIE, BRYSON, and CHEN, Circuit Judges.


This is another in a series of cases challenging the constitutionality of the Continued Dumping and Subsidy Offset Act of 2000, 19 U.S.C. § 1675c(a) (2000), known as the CDSOA or "the Byrd Amendment." We have previously upheld that statute against challenges based on the First Amendment and the equal protection component...

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