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NINGBO DAFA CHEMICAL FIBER CO. LTD. v. U.S.

Slip Op. 08-89. Court No. 07-00236.

577 F.Supp.2d 1304 (2008)

NINGBO DAFA CHEMICAL FIBER CO., LTD.; Consolidated Fibers, Inc.; Fibertex Corporation; and Stein Fibers, Ltd., Plaintiffs, v. UNITED STATES of America, Defendant, and Dak Americas LLC; Nan Ya Plastics Corp. America; and Wellman Inc., Defendant-Intervenors.

United States Court of International Trade.

September 2, 2008.

Attorney(s) appearing for the Case

DeKieffer & Horgan, Washington, DC (Gregory S. Menegaz, John J. Kenkel); for Ningbo Dafa Chemical Fiber Co., Ltd.; Consolidated Fibers, Inc.; Fibertex Corporation; and Stein Fibers, Ltd.; Plaintiffs.

Gregory G. Katsas, Assistant Attorney General, Commercial Litigation Branch, Civil Division, United States Department of Justice, Jeanne E. Davidson, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, Reginald T. Blades, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, Stephen C. Tosini, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice; Of Counsel: Ahran Kang, Attorney, Office of the Chief Counsel for Import Administration, Department of Commerce, for the United States, Defendant.

Kelley Drye Collier Shannon, Washington, DC (Paul C. Rosenthal and David C. Smith, Jr.) for DAK Americas LLC, Nan Ya Plastics Corp. America, and Wellman, Inc., Defendant-Intervenors.

OPINION

TSOUCALAS, Senior Judge.

This matter is before the Court on a motion for judgment upon the agency record brought by plaintiffs Ningbo Dafa Chemical Fiber Co., Ltd.; Consolidated Fibers, Inc.; Fibertex Corporation; and Stein Fibers, Ltd. ("Plaintiffs" or "Ningbo") pursuant to USCIT Rule 56.2. Plaintiffs challenge certain aspects of the final determination of the U.S. Department of Commerce ("Commerce...

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