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LUOYANG BEARING CORPORATION (GROUP) v. U.S.

Slip Op. 20-78 Court No. 19-00026.

450 F.Supp.3d 1402 (2020)

LUOYANG BEARING CORPORATION (GROUP), Plaintiff, v. UNITED STATES, Defendant, and The Timken Company, Defendant-Intervenor.

United States Court of International Trade.

June 1, 2020.

Attorney(s) appearing for the Case

Edmund W. Sim, Appleton Luff Pte Ltd., of Washington, DC, argued for plaintiff. With him on the briefs were Kelly A. Slater and Jay Y. Nee.

Kelly A. Krystyniak, Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant. With her on the brief were Joseph H. Hunt, Assistant Attorney General, Jeanne E. Davidson, Director, and L. Misha Preheim, Assistant Director. Of counsel was Nikki Kalbing, Office of the Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce, of Washington, DC. Of counsel on the brief was James Henry Ahrens II.

Geert De Prest, Schagrin Associates, of Washington, DC, argued for defendant-intervenor. With him on the brief was Nicholas J. Birch.

OPINION

This case implicates the exhaustion of administrative remedies requirement of the Customs Courts Act of 1980, 28 U.S.C. § 2637(d) (2018), and provides occasion to consider the "futility" exception to that statute.

Plaintiff Luoyang Bearing Corporation (Group) ("Luoyang"), a foreign...

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