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ZHAOQING NEW ZHONGYA ALUMINUM CO., LTD. v. U.S.

Slip Op. 13-83. Court No. 11-00181.

929 F.Supp.2d 1324 (2013)

ZHAOQING NEW ZHONGYA ALUMINUM CO., LTD. and Zhongya Shaped Aluminum (HK) Holding Ltd., Plaintiffs, and Evergreen Solar, Inc., Plaintiff-Intervenor, v. UNITED STATES, Defendant, and Aluminum Extrusions Fair Trade Committee, Defendant-Intervenor.

United States Court of International Trade.

As Amended July 19, 2013.

Attorney(s) appearing for the Case

Peter J. Koenig, Squire Sanders LLP, of Washington, DC, for Plaintiffs Zhaoqing New Zhongya Aluminum Co., Ltd., and Zhongya Shaped Aluminum (HK).

Craig A. Lewis and Theodore C. Weymouth, Hogan Lovells LLP, of Washington, DC, for the Plaintiff-Intervenor, Evergreen Solar, Inc.

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

Alan H. Price, Derick G. Holt, Laura El-Sabaawi, Maureen E. Thorson, Robert E. DeFrancesco, III, Wiley Rein LLP, of Washington, DC and Stephen A. Jones, Gilbert B. Kaplan, and Daniel L. Schneiderman, King & Spalding LLP, of Washington, DC, for Defendant-Intervenor, Aluminum Extrusions Fair Trade Committee.

OPINION

POGUE, Chief Judge:

In this action, Plaintiffs, producers and importers of extruded aluminum seek review of two aspects of Commerce's calculations of countervailing duties on certain aluminum extrusions from the People's Republic of China ("PRC" or "China"). See Aluminum Extrusions from the People's Republic of China, 76 Fed.Reg. 18,521 (Dep't Commerce Apr. 4, 2011) (final affirmative CVD determination) ("Final Determination") and accompanying...

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