Tr. in Bankr. of N. Am. Rubber Thread Co., Inc. v. US, No. 09-1191

By FindLaw Staff on February 01, 2010 | Last updated on March 21, 2019

In United States' challenge to the Court of International Trade's (CIT) jurisdiction to hear the Commerce's refusal to undertake a second changed circumstances review involving an antidumping duty order covering extruded rubber thread from Malaysia, judgment of the CIT is affirmed in part, reversed in part, and vacated in part where: 1) the CIT had jurisdiction over North American Rubber Thread's (NART) challenge but not the foreign industry's challenge; and 2) NART was judicially estopped from challenging an October 1, 1995 effective date, given its earlier argument to Commerce that a revocation date of October 1, 1995 was inappropriate.

Read Tr. in Bankr. of N. Am. Rubber Thread Co., Inc. v. US, No. 09-1191

Appellate Information

Appealed from: United States Court of International Trade

Decided February 1, 2010

Judges

Before: Michel, Chief Judge, Friedman, and Gajarsa, Circuit Judges

Opinion by Michel, Chief Judge

Counsel

For Appellant: Jay C. Campbell, White & Case LLP

For Appellee: Patricia M. McCarthy, US Department of Justice, Commercial Litigation Branch