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BAGS ON NET CORP. v. U.S.

Slip Op. 09-24. Court No. 08-00332.

612 F.Supp.2d 1341 (2009)

BAGS ON the NET CORP., Plaintiff, v. UNITED STATES, Defendant, and Polyethylene Retail Carrier Bag Committee, Hilex Poly Co., LLC, and Superbag Corporation, Defendant-Intervenors.

United States Court of International Trade.

March 31, 2009.

Attorney(s) appearing for the Case

Peter S. Herrick, P.A. (Peter S. Herrick), North Beach, CA, for Plaintiff.

Michael F. Hertz, Acting Assistant Attorney General; Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Antonia R. Soares); Thomas M. Beline, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, Of Counsel; for Defendant.

King & Spalding, LLP (Stephen A. Jones and Daniel L. Schneiderman), Washington, DC, for Defendant-Intervenors.

OPINION

RIDGWAY, Judge.

In this action, plaintiff Bags on the Net Corp. ("BOTN") contests the U.S. Department of Commerce's determination that a specific model of polyethylene bag manufactured in the People's Republic of China ("PRC")—which BOTN imports—is within the scope of the 2004 antidumping order covering polyethylene retail carrier bags from the PRC. See Polyethylene Retail Carrier Bags from the People's Republic of China—...

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