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SUNTEC INDUSTRIES CO., LTD. v. U.S.

Slip Op. 13-147. Court No. 13-00157.

951 F.Supp.2d 1341 (2013)

SUNTEC INDUSTRIES CO., LTD., Plaintiff, v. UNITED STATES, Defendant, and Mid Continent Nail Corp., Defendant-Intervenor.

United States Court of International Trade.

December 6, 2013.

Attorney(s) appearing for the Case

Mark B. Lehnardt, Attorney, Lehnardt & Lehnardt LLC, of Liberty, MO, and Brian R. Soiset, Attorney, of Shanghai, PRC, for the plaintiff.

Stephen C. Tosini, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for the defendant. On the brief were Stuart F. Delery, Acting Assistant Attorney General, Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant Director, and Tara K. Hogan, Senior Trial Counsel. Of counsel on the brief was Nathaniel J. Halvorson, Attorney, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, of Washington, DC.

Adam H. Gordon, Jordan C. Kahn, and Nathan W. Cunningham, Attorneys, Picard, Kentz & Rowe, LLP, of Washington DC, for the defendant-intervenor.

OPINION AND ORDER

MUSGRAVE, Senior Judge:

The complaint claims jurisdiction under 28 U.S.C. § 1581(i) challenging the initiation of Certain Steel Nails from the People's Republic of China; Final Results of Third Antidumping Administrative Review; 2010-2011, 78 Fed.Reg. 16651 (Mar. 18, 2013) ("AR3 Final"), on the ground of improper notice to the plaintiff. The defendant moves to dismiss for lack of subject-matter jurisdiction under USCIT...

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