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KYD, INC. v. U.S.

Slip Op. 12-10. Court No. 09-00034.

807 F.Supp.2d 1372 (2012)

KYD, INC., Plaintiff, v. UNITED STATES, Defendant. Polyethylene Retail Carrier Bag Committee, Hilex Poly Co., LLC, and Superbag Corporation, Defendant-Intervenors.

United States Court of International Trade.

January 18, 2012.

Attorney(s) appearing for the Case

David John Craven, Riggle and Craven, of Chicago, IL, for Plaintiff.

Carrie Anna Dunsmore, Renee A. Gerber, Stephen Carl Tosini and Vincent dePaul Phillips, Trial Attorneys, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for Defendant. With them on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant Director. Of counsel on the brief were Rachel Elizabeth Wenthold and Scott McBride, Attorneys, U.S. Department of Commerce, of Washington, DC.

Daniel Lawrence Schneiderman and Stephen Andrew Jones, King & Spalding LLP, of Washington, DC, for Defendant-Intervenors.

OPINION

POGUE, Chief Judge:

This action returns to court following a second remand to the Department of Commerce ("Commerce" or the "Department").1 Plaintiff KYD, Inc. ("KYD"), an unaffiliated domestic importer, challenges these Final Remand Redetermination Results ("Second Remand Results").2

Specifically, KYD challenges the dumping margin ("rate") that Commerce selected in the...

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