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CANDLE ARTISANS, INC. v. U.S. INTERN. TRADE COM'N

Slip Op. 05-17, Court No. 03-00538.

362 F.Supp.2d 1352 (2005)

CANDLE ARTISANS, INC., Plaintiff, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, Deanna Tanner Okun, Chairman, and United States Bureau of Customs and Border Protection, Robert C. Bonner, Commissioner, Defendants.

United States Court of International Trade.

February 7, 2005.

Attorney(s) appearing for the Case

Morgan Lewis & Bockius LLP (Mark N. Bravin, Yiota G. Souras), Washington, DC, for Plaintiff Candle Artisans, Inc.

James M. Lyons, Acting General Counsel, Rhonda M. Hughes, Acting Assistant General Counsel, Neal J. Reynolds, Attorney, Office of the General Counsel, U.S. International Trade Commission, for Defendant U.S. International Trade Commission.

Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Jeanne E. Davidsdon, Deputy Director, David S. Silverbrand, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Charles Steuart, Attorney, Office of the Chief Counsel, United States Bureau of Customs and Border Protection, Of Counsel, for Defendant U.S. Bureau of Customs and Border Protection.

OPINION

POGUE, Judge.

In this action, Plaintiff alleges that Defendants unlawfully deprived it of its share of 2001 and 2002 distributions under the Continued Dumping and Subsidy Offset Act of 2000. 19 U.S.C. § 1675c (2000) ("Byrd Amendment" or "the Act"). Specifically, Plaintiff claims that Defendants (1) unlawfully interpreted the provisions of the Byrd Amendment and the Tariff Act so as to cause only those affected domestic producers who had waived...

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