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YANCHENG BAOLONG BIOCHEMICAL PRODUCTS v. U.S.

Slip Op. 04-42. No. 01-00338.

343 F.Supp.2d 1226 (2003)

YANCHENG BAOLONG BIOCHEMICAL PRODUCTS COMPANY, LTD., Plaintiff, v. UNITED STATES of America, Defendant, and Crawfish Processors Alliance, et al., Defendant-Intervenors.

United States Court of International Trade.

April 28, 2004.

Attorney(s) appearing for the Case

deKieffer & Horgan (J. Kevin Horgan), Washington, DC, for Plaintiff.

Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice; Jeanne E. Davidson, Deputy Director, Commercial Litigation Branch, Civil Division, United States Department of Justice; Paul D. Kovac, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice; Stephen C. Tosini, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice; Marisa Goldstein, Attorney, Office of Chief Counsel for Import Administration, United States Department of Commerce, for Defendant, of counsel.

Adduci, Mastriani & Schaumberg, L.L.P. (Will E. Leonard, Mark R. Leventhal, John C. Steinberger), Washington, DC, for Defendant-Intervenors.

[Defendant's Motion to Vacate the Court's Judgment Entered on July 16, 2003, is denied. This Court cannot award Plaintiff damages in the form of attorney fees associated with the contempt proceedings because the United States has not waived its sovereign immunity for such an award; Plaintiffs request for attorney fees is denied.]

OPINION

CARMAN, Judge.

There are two matters presently before this Court: 1) Defendant's Motion to Vacate the Court...

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