Legal Opinion

Consolidated Fibers, Inc. v. United States

United States Court of International Trade

Decided November 30, 2006No. Slip Op 06-175; Court 06-00134PublishedCited by 5 opinions

1Opinion of the Court

OPINION AND ORDER

GORDON, Judge.

Defendant and Defendant-Intervenors move to dismiss count two of Plaintiffs’ complaint for lack of subject matter jurisdiction pursuant to USCIT R. 12(b)(1), and for failure to state a claim upon which relief can be granted pursuant to USCIT R. 12(b)(5). For the reasons set forth below, the motions are denied.

I. Background

During the five-year (“sunset”) reviews of the antidumping duty orders on polyester staple fiber (“PSF”) from Korea and Taiwan, Plaintiffs requested that the United States International Trade Commission (“Commission”) institute a proceeding to…

2Cases cited12 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Donald A. Henke v. United StatesCourt of Appeals for the Federal Circuit · 1995
  3. United States v. Pierce Auto Freight Lines, Inc.Supreme Court of the United States · 1946
  4. Gould, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1991
  5. Interstate Commerce Commission v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1987

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3Cited by5 opinions

  1. Nucor Corp. v. United StatesUnited States Court of International Trade · 2010
  2. Canadian Wheat Board v. United StatesUnited States Court of International Trade · 2008
  3. Consolidated Fibers, Inc. v. United StatesUnited States Court of International Trade · 2008
  4. Canadian Wheat Board v. United StatesUnited States Court of International Trade · 2007
  5. Ereğli Demir ve Çelik Fabrikalari T.A.Ş. v. United States Int'l Trade Comm'nUnited States Court of International Trade · 2024

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