UNIVERSAL TUBE AND PLASTIC INDUSTRIES, LTD., THL Tube and Pipe Industries, LLC, and KHK Scaffolding & Formwork, LLC, Plaintiffs,
v.
UNITED STATES, Defendant, and
Wheatland Tube Company, Defendant-Intervenor.
United States Court of International Trade.https://leagle.com/images/logo.png
July 26, 2024.
July 26, 2024.
Attorney(s) appearing for the Case
Robert G. Gosselink, Jonathan M. Freed, and MacKensie R. Sugama, Trade Pacific, PLLC, of Washington, D.C., for Plaintiffs Universal Tube and Plastic Industries, Ltd., THL Tube and Pipe Industries, LLC, and KHK Scaffolding & Formwork, LLC. With them on the brief was Kenneth N. Hammer.
Franklin E. White, Jr., Assistant Director, and Kelly M. Geddes, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., for Defendant United States. With them on the brief were Brian M. Boynton, Principal Deputy Assistant Attorney General, and Patricia M. McCarthy, Director. Of counsel was Brishaila Brown, Attorney, Office of the Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce. Vania Y. Wang also appeared.
Roger B. Schagrin and Luke A. Meisner, Schagrin Associates, of Washington, D.C., for Defendant-Intervenor Wheatland Tube Company. Christopher T. Cloutier, Elizabeth Jackson Drake, Jeffrey D. Gerrish, Justin M. Neuman, Michelle R. Avrutin, Nicholas J. Birch, Nicholas Phillips, Saad Younus Chalchal, William A. Fennell, and Alessandra A. Palazzolo, also appeared.
OPINION
Choe-Groves, Judge:
This case presents a unique issue that Plaintiffs describe as an "internal inconsistency." Plaintiffs argue that the U.S. Department of Commerce correctly applied one methodology to compare costs in one segment of the case, yet failed...
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