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FLORIDA TOMATO EXCHANGE v. U.S.

Slip Op. 17-114 Court No. 13-00148.

255 F.Supp.3d 1362 (2017)

The FLORIDA TOMATO EXCHANGE, Plaintiff, v. UNITED STATES, Defendant, and CAADES Sinaloa, A.C., Consejo Agrícola de Baja California, A.C., Asociación Mexicana de Horticultura Protegida, A.C., Unión Agrícola Regional de Sonora Productores de Hortalizas Frutas y Legumbres, and Confederación Nacional de Productores de Hortalizas, Defendant-Intervenors.

United States Court of International Trade.

August 25, 2017.

Attorney(s) appearing for the Case

Terence P. Stewart, Stewart and Stewart, of Washington, DC, argued for plaintiff. With him on the brief were Geert De Prest and Nicholas J. Birch.

Mikki Cottet, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant. With her on the brief were Benjamin C. Mizer, Principal Deputy Assistant Attorney General, Jeanne E. Davidson, Director, and Franklin E. White, Jr., Assistant Director. Of Counsel on the brief was Henry J. Loyer, Attorney, Office of the Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce, of Washington, DC.

Thomas B. Wilner and David L. Earnest IV, Shearman & Sterling LLP, of Washington, DC, argued for defendant-intervenors. With them on the brief was Robert S. LaRussa.

OPINION and ORDER

This case involves a determination by the United States Department of Commerce ("Commerce" or the "Department") to enter into a suspension agreement with exporters of fresh tomatoes from Mexico to "eliminate completely the injurious effect of exports to the United States of the subject...

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