M S Int'l, Inc. v. United States, 100821 USCIT, 19-00140

CourtUnited States Customs Court
JudgeBefore: Leo M. Gordon, Judge
Writing for the CourtLeo M. Gordon Judge
PartiesM S INTERNATIONAL, INC., Plaintiff, v. UNITED STATES, Defendant, and FOSHAN YIXIN STONE COMPANY LIMITED, Consolidated Plaintiff, and ARIZONA TILE LLC, Plaintiff-Intervenor, and CAMBRIA COMPANY LLC, Defendant-Intervenor.
Docket Number19-00140,Slip Op. 21-140

M S INTERNATIONAL, INC., Plaintiff,

and

FOSHAN YIXIN STONE COMPANY LIMITED, Consolidated Plaintiff,

and

ARIZONA TILE LLC, Plaintiff-Intervenor,

v.

UNITED STATES, Defendant,

and

CAMBRIA COMPANY LLC, Defendant-Intervenor.

No. 19-00140

Slip Op. 21-140

Court of Appeals of International Trade

October 8, 2021

Jonathan T. Stoel, Craig A. Lewis, Jared R. Wessel, and Nicholas R. Sparks, Hogan Lovells U.S. LLP, of Washington, D.C., for Plaintiff M S International, Inc. and Plaintiff-Intervenor Arizona Tile LLC.

David J. Craven, Craven Trade Law LLC, of Chicago, IL, for Consolidated Plaintiff Bruskin International, LLC.

Matthew T. McGrath, Barnes, Richardson & Colburn, LLP, of Washington, D.C., for Consolidated Plaintiff Foshan Yixin Stone Company, Ltd.

Joshua E. Kurland, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., for Defendant United States. With him on the brief were Brian M. Boynton, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Tara K. Hogan, Assistant Director. Of counsel was Jesus Saenz, Attorney, U.S. Department of Commerce, Office of Chief Counsel for Trade Enforcement and Compliance, of Washington, D.C.

Luke A. Meisner, Kelsey M. Rule, and Roger B. Schagrin, Schagrin Associates, of Washington, D.C., for Defendant-Intervenor Cambria Company LLC.

Before: Leo M. Gordon, Judge

OPINION

Leo M. Gordon Judge

Gordon, Judge: Recently the court issued an opinion denying a challenge to the antidumping ("AD") duty margin assigned to Consolidated Plaintiff Foshan Yixin Stone Company, Ltd. ("Yixin") by the U.S. Department of Commerce ("Commerce") in its final determination of the antidumping investigation of certain quartz surface products ("QSPs") from the People's Republic of China. See M S Int'l v. United States, 45 CIT, Slip Op. 21-130 (Sep. 24, 2021), ECF No. 92; see also Certain Quartz Surface Products from the People's Republic of China, 84 Fed.Reg. 23, 767 (Dep't of Commerce May 23, 2019) ("Final Determination"), and accompanying Issues and Decision Memorandum, A-570-084 (Dep't of Commerce May 14, 2019), https://enforcement.trade.gov/frn/summary/prc/2019-10800-1.pdf (last visited this date). While Yixin's challenge was consolidated with other parties' challenges to Commerce's final affirmative determination in its investigation of QSPs from China, Yixin...

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