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ZHONGCE RUBBER GROUP COMPANY LTD. v. UNITED STATES

Court No. 18-00082 Slip Op. 18-160.

352 F.Supp.3d 1276 (2018)

ZHONGCE RUBBER GROUP COMPANY LIMITED, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

November 20, 2018

Attorney(s) appearing for the Case

Gregory S. Menegaz, Alexandra H. Salzman, James K. Horgan, and John J. Kenkel, deKieffer & Horgan, PLLC, of Washington, D.C., for Plaintiff Zhongce Rubber Group Company Limited.

Ashley Akers, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., for Defendant United States. With her on the brief were Joseph H. Hunt, Assistant Attorney General, Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director. Of counsel on the brief was Brandon J. Custard, Attorney, Office of the Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce, of Washington, D.C.

OPINION

Plaintiff Zhongce Rubber Group Company Limited ("Zhongce") brings this action pursuant to 28 U.S.C. § 1581(c) (2012), contesting the application of adverse facts available ("AFA") by the U.S. Department of Commerce ("Commerce") in calculating the rate applied to Zhongce during an administrative review of...

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