Yancheng Baolong Biochemical Prods. Co. v. United States, (2004)

Extract

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Yancheng Baolong Biochemical Prods. Co. v. United States, (2004)

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UNITED STATES COURT OF INTERNATIONAL TRADE BEFORE: GREGORY W. CARMAN

YANCHENG BAOLONG BIOCHEMICAL PRODUCTS COMPANY, LTD.,

Plaintiff, v.

UNITED STATES OF AMERICA, Defendant,

and

CRAWFISH PROCESSORS ALLIANCE, et al.,

Defendant-Intervenors.

[Defendant's Motion to Vacate the Court's Judgment Entered on July 16, 2003, is denied. This Court cannot award Plaintiff damages in the form of attorney fees associated with the contempt proceedings because the United States has not waived its sovereign immunity for such an award; Plaintiff's request for attorney fees is denied.]

deKieffer & Horgan (J. Kevin Horgan), Washington, D.C., for Plaintiff.

Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice; Jeanne E. Davidson, Deputy Director, Commercial Litigation Branch, Civil Division, United States Department of Justice; Paul D. Kovac, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice; Stephen C. Tosini, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice; Marisa Goldstein, Attorney, Office of Chief Counsel for Import Administration, United States Department of Commerce, of Counsel, for Defendant.

Adduci, Mastriani & Schaumberg, L.L.P. (Will E. Leonard, Mark R. Leventhal, John C. Steinberger), Washington, D.C., for Defendant-Intervenors.

Court No. 01-00338

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Dated: April 28, 2004

OPINION

CARMAN, Judge: There are two matters presently before this Court: 1) Defendant's Motion to Vacate the Court's Judgment Entered on July 16, 2003; and 2) Plaintiff's Memorandum on Damages to be Awarded Based on a Finding of Contempt for Violation of the Injunction Against Liquidation of Subject Entries. For the reasons set forth below, this Court denies Defendant's Motion to Vacate and does not award Plaintiff attorney fees as damages for Defendant's contempt.

BACKGROUND

Familiarity with this Court's opinion issued on July 16, 2003, is presumed. See Yancheng Baolong Biochemical Products Company, Ltd. v. United States, 277 F. Supp. 2d 1349 (Ct. Int'l Trade 2003) ("Yancheng Contempt Decision"). This Court incorporates the detailed recitation of the facts as agreed to by the parties at the show cause hearing on June 4, 2003, and as found by this Court in the Yancheng Contempt Decision. See id. at 1350-52. The facts leading up to the present matters are provided briefly below.

In June 2001, Plaintiff sought judicial review of the United States Department of Commerce's ("Commerce") rescission of the administrative review of an antidumping duty order as to Plaintiff. See Freshwater Crawfish Tail Meat from the People's Republic of China; Notice of Final Results of Antidumping Duty Administrat...

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