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KAIYUAN GROUP CORP. v. U.S.

Slip Op. 05-103, Court No. 02-00573.

391 F.Supp.2d 1317 (2005)

KAIYUAN GROUP CORP., et al., Plaintiffs, v. UNITED STATES, Defendant, and Pencil Section Writing Instrument Manufacturers Ass'n, et al., Defendant- Intervenors.

United States Court of International Trade.

August 23, 2005.

Attorney(s) appearing for the Case

DeKieffer & Horgan, (James Kevin Horgan) for Plaintiff Kaiyuan Group Corporation.

Lafave & Sailer LLP, (Francis J. Sailer) for Plaintiff China First Pencil Co., Ltd., et al.

Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; Jeanne E. Davidson, Deputy Director; Michael D. Panzera, Trial Attorney, U.S. Department of Justice, Civil Division, Commercial Litigation Branch; and Ada E. Bosque, Attorney, Office of Chief Counsel for Import Administration, U.S. Department of Commerce, for Defendant United States, of counsel.

Neville Peterson LLP, (George W. Thompson) for Defendant-Intervenors Pencil Section, Writing Instrument Manufacturers Association., et. al.

OPINION

WALLACH, Judge.

I

Introduction

This matter comes before the court following the court's remand of May 14, 2004, to the United States Department of Commerce ("the Department" or "Commerce"). In Kaiyuan Group Corp. v. United States, 343 F.Supp.2d 1289 (CIT 2004) ("Kaiyuan I"), the court remanded Commerce's findings in Certain Cased Pencils from the People's Republic...

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