Norsk Hydro Canada Inc. v. United States

OPINION

POGUE, Judge:

Defendant and Defendant-Intervenor move to dismiss Counts II-IV of Plaintiffs complaint under USCIT R. 12(b)(1) and 12(b)(5) for the reasons this court rejected in Norsk Hydro Canada Inc. v. United States, 28 CIT_, 350 F. Supp. 2d 1172 (2004) (addressing a prior administrative review). Because the court has, in that prior decision, decided the question at issue here, the motions are denied.