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AMS ASSOCIATES, INC. v. U.S.

Slip Op. 12-154, Court No. 11-00148.

881 F.Supp.2d 1374 (2012)

AMS ASSOCIATES, INC., d/b/a Shapiro Packaging, Plaintiff, v. UNITED STATES, Defendant, and Laminated Woven Sacks Committee, Coating Excellence International, LLC, and Polytex Fibers Corporation, Defendant-Intervenors.

United States Court of International Trade.

December 18, 2012.

Attorney(s) appearing for the Case

Lizbeth R. Levinson and Roland M. Wilsa, Kutak Rock LLP, Washington, DC, for plaintiff.

Tara K. Hogan, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, for defendant. With her on the brief were Stuart F. Delery, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Reginald T. Blades, Jr., Assistant Director. Of counsel on the brief was Rebecca Cantu, Attorney, Office of Chief Counsel for Import Administration, U.S. Department of Commerce.

Joseph W. Dorn and Jeffrey B. Denning, of King & Spalding, Washington, DC, for defendant-intervenors.

OPINION

MUSGRAVE, Senior Judge:

This case involves similar issues to those argued before this court in AMS Associates, Inc. v. United States, Ct. No. 11-00101 ("AMS I"), see Slip Op. 12-98, 2012 WL 3065277, dated July 27, 2012, familiarity with which is presumed. Although that case was not decided on the merits of the issues present herein because the affected entries had all liquidated before the action became ripe, thus removing any harm...

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