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SMA SURFACES, INC. v. UNITED STATES

Slip Op 23-4 Court No. 21-00399.

617 F.Supp.3d 1263 (2023)

SMA SURFACES, INC. (f/k/a Polarstone US), Plaintiff, v. UNITED STATES, Defendant, and Cambria Company, LLC, Defendant-Intervenor.

United States Court of International Trade.

January 12, 2023.

Attorney(s) appearing for the Case

Michael S. Holton, Grunfeld Desiderio Lebowitz Silverman & Klestadt, LLP, of Washington, D.C., argued for Plaintiff SMA Surfaces, Inc. (f/k/a Polarstone US). With him on the briefs were Jordan C. Kahn, Kavita Mohan, and Erik D. Smithweiss of Los Angeles, CA.

Joshua E. Kurland, Senior Trial Counsel, U.S. Department of Justice, Washington, D.C., argued for Defendant United States. With him on the briefs were Brian M. Boynton, Principal Deputy Assistant Attorney General, Patricia M. McCarthy, Director, and Tara K. Hogan, Assistant Director. Of Counsel Jared Cynamon, Attorney, U.S. Department of Commerce, Office of the Chief Counsel for Trade Enforcement & Compliance.

Luke A. Meisner, Schagrin Associates, of Washington, D.C., argued for Defendant-Intervenor Cambria Company LLC. With him on the brief was Roger B. Schagrin.

OPINION AND ORDER

This case calls on the court to go beyond scratching the glass surface when reviewing an agency's interpretation of scope text and photographic record evidence. Plaintiff SMA Surfaces, Inc. ("SMA Surfaces" or "Plaintiff"), an importer of crushed glass surface products from the People...

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