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QINGDAO MAYCARRIER IMPORT & EXPORT CO. v. U.S.

Slip Op. 13-121. Court No. 13-00142.

938 F.Supp.2d 1312 (2013)

QINGDAO MAYCARRIER IMPORT & EXPORT CO., LTD., Plaintiff, v. UNITED STATES, Defendant, and Christopher Ranch, L.L.C., The Garlic Company, Valley Garlic, and Vessey and Company, Inc., Defendant-Intervenors.

United States Court of International Trade.

September 16, 2013.

Attorney(s) appearing for the Case

Hume & Associates LLC (Robert T. Hume), Washington, DC, for Qingdao Maycarrier Import & Export Co., Ltd., Plaintiff.

Stuart F. Delery, Acting Assistant Attorney General; Jeanne E. Davidson, Director, Washington, DC, Claudia Burke, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (Melissa M. Devine); Office of the Chief Counsel for Import Administration, United States Department of Commerce, George H. Kivork, Of Counsel, for the United States, Defendant.

OPINION and ORDER

TSOUCALAS, Senior Judge:

Defendant United States Department of Commerce ("Commerce") moves to dismiss paragraph thirty-one of count two of plaintiff Qingdao Maycarrier Import & Export Co., Ltd.'s ("Maycarrier") complaint. See Def.'s Mot. Dismiss ("Def.'s Mot."). Maycarrier's complaint contests Commerce's decision to rescind its new shipper review ("NSR") in Fresh Garlic From the People's Republic of China: Final Rescission...

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