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NAN YA PLASTICS CORP., AMERICA v. U.S.

Slip Op. 13-60. Court No. 08-00138.

916 F.Supp.2d 1376 (2013)

NAN YA PLASTICS CORPORATION, AMERICA, Plaintiff, v. UNITED STATES of America, United States Customs and Border Protection, Thomas S. Winkowski (Acting Commissioner, United States Customs and Border Protection), United States International Trade Commission, and Irving Williamson (Chairman, United States International Trade Commission), Defendants.

United States Court of International Trade.

May 10, 2013.

Attorney(s) appearing for the Case

J. Kevin Horgan and Gregory S. Menegaz, deKieffer & Horgan, of Washington, DC, for Plaintiff Nan Ya Plastics Corporation, America.

Jessica R. Toplin, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for Defendants United States, U.S. Customs and Border Protection, and Thomas S. Winkowski, Acting Commissioner of U.S. Customs and Border Protection. With her on the briefs were Stuart F. Delry, Principle Deputy Assistant Attorney General, Jeanne E. Davidson, Director, Franklin E. White, Jr., Assistant Director. Of counsel on the brief was Andrew G. Jones, Office of Assistant Chief Counsel, U.S. Customs and Border Protection, of Washington, DC.

Neal J. Reynolds, Assistant General Counsel for Litigation, and Patrick V. Gallagher, Jr., Attorney Advisor, Office of the General Counsel, U.S. International Trade Commission, of Washington, DC, for Defendants U.S. International Trade Commission and Irving Williamson, Chairman, U.S. International Trade Commission.

Before: GREGORY W. CARMAN, Judge, TIMOTHY C. STANCEU, Judge, LEO M. GORDON, Judge.

OPINION AND ORDER

STANCEU, J.:

Before the court is a motion for rehearing in which plaintiff Nan Ya Plastics Corporation, America ("Nan Ya") seeks an order vacating the judgment entered in Nan Ya Plastics Corp., Am. v. United States, 36 CIT ___, 853 F.Supp.2d 1300 (2012) ("Nan Ya"). Pl.'s Mot. for Reh'g (Aug. 27, 2012), ECF No. 59 ("Mot...

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