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KINETIC INDUSTRIES, INC. v. U.S.

Slip Op. 11-138. Court No. 10-00325.

800 F.Supp.2d 1339 (2011)

KINETIC INDUSTRIES, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

November 17, 2011.

Attorney(s) appearing for the Case

Dorsey & Whitney, LLP, (William E. Perry and Emily Lawson), Seattle, WA, for Kinetic Industries, Inc., Plaintiff.

Tony West, Assistant Attorney General; Jeanne E. Davidson, Director, Reginald T. Blades, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, (Douglas Edelschick); Office of the Chief Counsel for Import Administration, United States Department of Commerce, Shana Hofstetter, Of Counsel, for the United States, Defendant.

OPINION

TSOUCALAS, Senior Judge:

This matter comes before the Court upon the Motion for Judgment on the Agency Record filed herein by Plaintiff, Kinetic Industries, Inc. ("Kinetic"). Kinetic argues that a decision by the Department of Commerce ("Commerce") not to initiate an administrative review upon Kinetic's request was an abuse of its discretion. Defendant, United States ("Government") opposes Kinetic's Motion asserting that Commerce lawfully...

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