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JIANGSU ALCHA ALUMINUM CO., LTD. v. UNITED STATES

Slip Op. No. 24-77 Court No. 1:22-cv-00290 (SAV).

712 F.Supp.3d 1376 (2024)

JIANGSU ALCHA ALUMINUM CO., LTD. and Alcha International Holdings Ltd., Plaintiffs, v. UNITED STATES, Defendant, and Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group and Its Individual Members, Defendant-Intervenors.

United States Court of International Trade.

July 11, 2024.

Attorney(s) appearing for the Case

Weronika Bukowski, Crowell & Moring, LLP, of New York, NY, for Plaintiffs Jiangsu Alcha Aluminum Co., Ltd. and Alcha International Holdings Ltd. With her on the brief was Daniel J. Cannistra, of Washington, DC.

Emma E. Bond, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for Defendant United States. With her on the brief were Brian M. Boynton, Principal Deputy Assistant Attorney General, Patricia M. McCarthy, Director, Commercial Litigation Branch, Reginald T. Blades, Jr., Assistant Director, Commercial Litigation Branch, and David W. Richardson, Of Counsel, Department of Commerce, Office of Chief Counsel for Trade Enforcement & Compliance.

Maliha Khan, Kelley Drye & Warren, LLP, of Washington, DC, for Defendant-Intervenors Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group and its individual members. With her on the brief was John M. Herrmann, Paul C. Rosenthal, and Joshua R. Morey.

OPINION

This case is about how one party's failure to participate in an administrative review can adversely affect another cooperating party. The Department of Commerce (Commerce) investigated aluminum sheet from China and issued a countervailing duty order. In the second administrative review of that...

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